1. Engagement of Photographer

1.1 Services

Subject to the terms set out herein, the Client engages Brei Clarke Photography to provide, and Brei Clarke Photography agrees to provide, the photography as described in the Description of Services as set out below:

Description of Services:

• Brei Clarke Photography specialises in natural, unscripted Maternity, Newborn & Family Lifestyle portraits that authentically capture your family’s life and connections in the stunning landscapes of Rylstone, NSW. From whirlwind seasons like pregnancy and new parenthood to yearly milestones, sibling clashes, and stolen snuggles, every split second of personality and connection deserves to be documented through authentic, vibrant photography.
• As part of the Service, Brei Clarke Photography will capture and produce images and provide photographic material in accordance with the package.

2. Fees and Payment

2.1 Fees

The Client agrees to pay Brei Clarke Photography the fees in accordance with the booking on our Website, inclusive of GST.

2.2 Booking Fee

The Client acknowledges and agrees to pay the amount set out in accordance with the booking on our Website. You agree to our Terms and Conditions when selecting the tick box on our Website at the time of booking/payment and acknowledge that all fees and charges are non-refundable unless Brei Clarke Photography is unable to comply with the Terms & Conditions of the Agreement.

3. Client Responsibilities

3.1 Waiver

The Client hereby waives all rights and claims and releases Brei Clarke Photography from any claim or cause of action, whether now or in the future, relating to the sale, display, license, use, and/or exploitation of Images pursuant to this Agreement.

4. Brei Clarke Photography Responsibilities

4.1 Service

Brei Clarke Photography will ensure that the services will be provided in a professional and safe manner. All care will be taken to ensure your photoshoot will be in accordance with your wishes, and photographs will be provided in the timeframe discussed.

5. Artistic Release

5.1 Brei Clarke Photography Consistency

All reasonable efforts will be used to ensure that the service provided will be produced and be consistent with our current portfolio as can be observed on our Website. Brei Clarke Photography will make all reasonable efforts to consult with the client and incorporate any reasonable suggestions/requests.

5.2 Brei Clarke Photography Style

The client acknowledges and agrees that:

• The Client has reviewed Brei Clarke Photography’s portfolio and has a reasonable expectation that Brei Clarke Photography will perform in a similar style.
• Brei Clarke Photography will use its professionalism and artistic judgment when providing the services to ensure the best possible outcome. In the event that the client is dissatisfied with the photographs taken, Brei Clarke Photography will endeavor to meet the client’s requirements but shall take no responsibility in the event that the client remains unhappy with the result given that photography is a very subjective profession.
• Disagreement with Brei Clarke Photography’s artistic judgment or ability are not valid reasons for termination of this Agreement or request for a refund.

6. Cancellation/Rescheduling or Termination

6.1 Cancellation/Rescheduling

The Client may terminate the Agreement and/or reschedule the photoshoot by providing Brei Clarke Photography, in writing, no later than seven (7) days prior to the original booking date. The Client acknowledges that they are not relieved of any payment obligations for cancellations and rescheduling unless written notice is provided within the timeframe mentioned unless agreement is reached between the parties in writing.

6.2 Rescheduling

In the event of rescheduling by the client, Brei Clarke Photography will make all reasonable efforts to accommodate the client’s wishes. If Brei Clarke Photography is not able to accommodate the client’s wishes despite all reasonable efforts, the parties agree that such rescheduling will be deemed as cancellation by the client and Brei Clarke Photography will be under no obligation to perform the services other than on the original booking date.

6.3 Refund

The Client acknowledges and agrees that cancellation by the client may result in no refund.

6.4 Inability to Provide Service

In the event that Brei Clarke Photography is unable to provide the service, for any reason, Brei Clarke Photography reserves the right to terminate this Agreement and will attend to the refund of any monies paid by the Client, to the Client’s nominated account.

7. Ownership of Work

7.1 Re-Editing and Copyright

Clients are not permitted to re-edit any photos produced by Brei Clarke Photography. All photographs produced by Brei Clarke Photography will be watermarked and are subject to Copyright Laws. If any photographs produced by Brei Clarke Photography are copied, edited, or reproduced, then Brei Clarke Photography reserves the right to pursue the client by way of monetary fine, damages, or other penalties.

8. Indemnity and Limitation of Liability/Waiver

8.1 Indemnification

The Client agrees to indemnify and hold harmless Brei Clarke Photography and all persons having connection with or being employed by Brei Clarke Photography, for any injury, property damage, liability, claim, or any other cause of action arising out of the service provided or on the property of Brei Clarke Photography or any other location as desired by the Client.

9. Binding Agreement

This agreement will be binding upon the parties upon execution of this document and its return to Brei Clarke Photography together with payment of all fees and charges as outlined.