Terms and Conditions

This agreement made between Kirri Garvey trading as Captured by Kirri (CBK, we, us, our) and you, contains the entire understanding between CBK and you. There is no understanding between the parties verbal or otherwise than contained in this agreement. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought must have signed the waiver in writing.

1. Payments

  • Full payment of the Shoot Fee is due upon booking. If you cancel the booking the shoot fee is non-refundable.

  • Full payment of the Digital File/Product Fee is due at the time of the In-Home Gallery Consultation.

  • Failure to provide payment will result in delay/non delivery of product/files.

  • Interest will be charged on unpaid fees which remain unpaid 30 days after giving you our invoice at the rate of 5% per annum.

2. The Finished Product

  • You understand that CBK will edit the digital images in accordance with your instructions and their general specifications. You respect the style and artistic integrity of CBK in the editing process and understand that no changes will be made to your photos after the editing process has been completed by us.

  • General retouching means smooth skin, brighten eyes, remove fly aways, fixing of any background distractions.

3. Delivery of Finished Product

  • CBK will deliver the digital photo(s) to you via our online gallery.

  • The online proof gallery will be available within 7 days following the In-Home Gallery Consultation.

  • The online gallery will be taken down after 60 days. It is your responsibility to download and backup your photos in this period. If you require our photos to be reloaded to the online gallery it may incur additional costs payable in advance.

  • Printed materials (albums) are available at additional costs and take 6-8 weeks from the order date.

  • CBK holds your digital files for one year after the photoshoot.

4. High Resolution Files

  • Where the ownership of the high-resolution digital files (negatives) are included with your package, you agree to assume full responsibility for the care and condition of said digital files. CBK recommends storing copies in several locations, including off site storage. CBK is not responsible for the colour reproduction of enlargements from these files that have been taken to non-professional and/or consumer type labs.

  • CBK will keep a copy of these files for 1 years after the date of the above stated service. Requests for additional and/or replacement copies of these files will incur an additional cost of $300/set.

5. Continuous Hours

  • This contract covers the hours specified on a continuous basis.

  • Overtime requests on the day of the shoot will be signed and approved by either member of the booking party as stated above and payment will be due upon delivery of the proofs. Overtime will be charged at our then hourly rate.

6. Time Required

  • You should attempt to provide CBK with adequate time to perform the photo shoot portion. CBK cannot be held responsible for timelines that do not run on schedule and subsequently cut down the time allotted for photos, thereby not providing you with all the photos expected.

  • CBK will not be responsible for photos that are not completed due to the uncooperative nature of the individuals to be included in any photographs. It is your responsibility to inform all participating parties, that the photos are occurring and as to where and when.

7. Use

You acknowledge and agree that you may only use the images for the purpose for which they were commissioned. For example, for a family photo shoot you must only use the images for private and domestic purposes or for a branding shoot or head shot you must only use the images for advertising and promoting your business. The images must not be sold or reproduced for sale or used in any photo competition or exhibition.

8. Permits

You are responsible for obtaining all necessary permits required for photo locations and to make arrangements to have the said permit available on the event date.

9. Exclusive Rights

It is understood that CBK is the exclusive Official Photographer retained to perform the services requested in this contract.

10. Postponement / Cancellation

In the event of postponement or cancellation of the event/contract, CBK will use the Booking Fee towards a replacement date that is suitable to our schedule. If another date cannot be scheduled, the booking fee will not be refunded.

11. Travel Expenses

CBK charges $0.60 / KM for travel expenses (First 100 KM no-charge) unless otherwise stated.

12. Limitation of Liability and Indemnity

  • The law implies certain terms, conditions, warranties or guarantees (“prescribed terms”) in relation to the supply of goods and services and nothing in these Terms and Conditions excludes or restricts or modifies any prescribed terms which, pursuant to the Australian Consumer Law (or other relevant legislation), cannot be excluded or modified. However, to the extent permitted by law we limit our liability to, at our option, a replacement or refund of the goods and services we have provided to you.

  • We exclude all other implied terms and warranties whether statutory or otherwise, relating to our services.

  • You shall indemnify and keep us indemnified in respect of all claims and demands against us arising out of, in connection with, or relating to any loss, injury, death, expense or damage arising howsoever in relation to the provision of our services, including the work produced by us, any delay in performance or completion of the work and your use of the completed work.