Outdoor Portrait Terms and Conditions

1.      Photographer’s Responsibilities.

  • 1.1.    ToiToi Photography ("Photographer") hereby agrees to perform photographic services for Client at the session specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services").
  • 1.2.    Photographer is not responsible for the impact on the final product of any interference caused by guests, animals or members of the public at the session.
  • 1.3 Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by Client because of Photographer’s lack of control over the session, its participants, weather, and any rules or restrictions of the location of the session.
  • 1.4.    If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the session. In such situation, Photographer shall not be obligated to refund any of the fees paid by Client.
  • 1.5.    The client shall assist/cooperate with the photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the photographer’s direction. The photographer shall not be responsible for photographs not taken as a result of the client’s failure to provide reasonable assistance or cooperation.


2.      Package / Product

  • 2.1.    Any online gallery of the product will remain available to Client for a minimum of one month from the release of the final product i.e. from the date that the download link or passcode is emailed to Client. An email will be sent to Client to advise that the final product is available. Client is responsible for saving/downloading their personal copy of the final product. Client will not be reminded about any impending expiry date of their online images. The online storage may be removed after one month period. Photographer takes no responsibility for images lost after this period.
  • 2.2.    The client will not receive the out of camera RAW files.
  • 2.3.    The images provided are final and requests for re-editing are at the sole discretion of the photographer.


3.      Copyright.

  • 3.1.    All photographs taken by Photographer at the session, in whatever form, are copyright protected. Photographer will allow reproduction and publishing for personal use (e.g. wall hangings at home, Facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of copyright law. Photographer retains Copyright of all images taken at the Event. This clause shall survive the Term.


4.      Term.

  • 4.1.    The term of this Agreement shall commence upon the execution of this Agreement and shall terminate upon Photographer’s delivery of the final product unless terminated earlier as provided herein.


5.      Cancellation.

  • 5.1.    Photographer shall commit to attending the session on the specified date and shall make no other reservations for that date. If Client cancels the session entirely, then Photographer shall not be required to repay any of the payments made by Client.


6.      Delivery Date.

  • 6.1.    The online photo gallery will be made available via email notification to Client within 3 days from the date of the Event.


7.      Model, Content & Location Release.

  • 7.1.    Client hereby agrees that Photographer may freely, without notification to client or persons featured at session or additional transactions, may reproduce, publish, exhibit, and otherwise use images from the session for instructional or marketing purposes.


8.   Force Majeure.

  • 8.1. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client and this Agreement shall immediately terminate.
  • 8.2. If Photographer or Client is unable to complete the contract due to restrictions under the Health Act or by the Government, ToiToi Photography will refund the client the total package cost. An option to reschedule at no additional cost or a time-limited voucher for photography services will be offered. The photographer and client will work proactively to find a rescheduled date that benefits both parties.


9.   Assignment.

  • 9.1. This Agreement may not be assigned.


10.   Protection of Deliverables/Retention of Files.

  • 10.1. Photographer shall take all reasonable steps to protect the files that are recorded at the session until such time as the photos are delivered to Client. Two months following the delivery of the Product, Photographer shall have no further obligation to preserve the files of the session, regardless of the form of media in which they are stored.


11.   Promotion.

  • 11.1. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.