Terms of Service

TERMS & CONDITIONS

The photographer, she, I, us, our, shall mean Donna Harper also Giantlilypad Photography. The clients shall be those individuals defined as persons in said photo shoots or hired by Giantlilypad Photography. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

1. COPYRIGHT

The copyright Designs and Patents Acts assign the copyright of the images to the photographer Donna Harper at Giantlilypad Photography.  

2. DISPLAY

The client(s) hereby permit(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. 

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during the event will be at the discretion of the photographer although every effort will be made to comply with the clients’ requirements. 

ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.

iii. For a booking involving a ceremony or event, or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer can cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. Some venues or events require written permission for photographers.  Client(s) are responsible for getting any permissions needed.

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. 

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 

4. PAYMENT

i. A non-refundable booking fee of $50.00 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

ii. Payment is due in full on day of event, including booking fee. 

iii. Additional goods ordered must be paid for in full at the time of ordering. 

iv. Titles to all goods remains with the photographer until paid for in full by the client(s) 

5. Unforeseeable circumstances

i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid if unable to reschedule. 

6. DIGITAL NEGATIVE FILES

i. All digital negatives (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.

ii. Should the digital negative files be lost, damaged or destroyed for the reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

7. ON THE DAY

i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.

ii. For events, the photographer will arrive approximately 30 minutes before guests arrive. And will stay as negotiated in our agreement.

8. PERSONAL ACCIDENT

i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

9. CANCELLATION FEES

i. If the client(s) should have to cancel a booking, please notify us as soon as possible. There are no fees to reschedule. 

10. DELIVERY

i. The photographer will endeavor to deliver digital negative files as quickly as possible. However, this could take up to 4-8 weeks during busy periods.