Contract of Services

AGREEMENT

NATALIA NAA and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.

ENGAGEMENT AND SERVICES

The Agreement is between NATALIA NAA and the Client named in the photography contract. The Client wishes to engage NATALIA NAA and NATALIA NAA accepts the engagement to hereby provide the Services to the Client.

SESSION FEE/RETAINER

Client understands that the session fee retainer of  $550 is non-refundable and reserves the date and time for the photography session. Retainer fee DOES NOT include any products. Payment for product orders shall be submitted to NATALIA NAA on the day of the ordering appointment. Purchases of photographs and products are made at ordering appointment. Ordering Appointments are scheduled 2-3 weeks after the session. At the latest, it must take place within 30 days of the photo shoot. 

DATE OF PHOTOSHOOT SESSION

Client understands that if a date is not chosen and finalized within 31 days of the signing of this Contract, the Client forfeits the retainer fee. Should the Client wishes to reserve a booking following the forfeiture, the Client must make payment for a new retainer fee.

CANCELLATION

NATALIA NAA agrees to reserve and not make any other reservations or accept any other clients for the date, time, and duration listed above (the “Session Date”) for performance of the services listed in the Quote above (the “Photography Session”). For this reason, in the event that Client BREACHES, REPUDIATES OR CANCELS the contract for any reason, all monies paid shall be retained by NATALIA NAA, in order to offset its loss of business. In all circumstances, all sales are final and all payments are non-refundable. 

RESCHEDULING

Client may reschedule the Photography Session once without forfeiting any fees paid, provided that: (1) Client provides notice of the desire to reschedule no less than 60 days before the Session Date; and (2) the Photography Session is rescheduled to a date no later than 30 days after the Session Date. If Client provides less than 60 days notice, Client forfeits $350 of fees paid. Client will be charged $250 for a second/thereafter rescheduling. If reschedule date is more than 30 days from original session date or more than one reschedule is made, all monies paid are forfeited and a new retainer is required. NATALIA NAA maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. at no additional costs to the Client. 

LATE ARRIVALS

If Client arrives late to the Photography Session, the Photography Session will end at the scheduled time. If Client is more than 30 minutes late for the Photography Session, the Photography Session will be considered cancelled and all fees will be retained by NATALIA NAA. Any excessive "changing wardrobe" time is also taken out of the session time.

COOPERATION/NO SHOWS

NATALIA NAA is not responsible if Client and/or key individuals fail to appear or cooperate during the Photography Sessions, Viewing & Ordering appointment, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to attend to the scheduled sessions the Session Retainer is non-refundable. The Photography Session is an allotted time of four hours. If Client is a no show for their session or their viewing & ordering appointment, all monies paid is forfeited and there will be no available options to reschedule (unless the reason for no show, no call was an emergency).

CREATIVE CONTROL

NATALIA NAA retains creative control of the Photography Session in its entirety, including but not limited to, the adjustment of hair, makeup, jewellery, clothing, props, and sets. NATALIA NAA does not provide additional Photography Sessions in the event the Client is dissatisfied with the Client's appearance. The Client agrees to notify NATALIA NAA of any dissatisfaction with the appearance, including but not limited to wardrobe, hair, and makeup, prior to photographs being taken.

ARTISTIC STYLE

The Client acknowledges that they are familiar with the NATALIA NAA's portfolio and are requesting services with knowledge of the Photographer's style, and that:

a) The Photographer's work is constantly evolving;

b) The Photographer's services are of unique and artistic nature;

c) The photographs may be different from photographs taken by the Photographer in the past; and

d) In creation of the photographs, the Photographer shall use their personal artistic judgment to create images consistent with their personal vision of the event, which may be different to the Client's and the subject's. Accordingly, the Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.

HAIR AND MAKEUP

Client agrees to release and hold harmless NATALIA NAA for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractor during the Photography Session. This includes, but is not limited to allergic reactions or injuries resulting from the techniques or products used. Client agrees to notify NATALIA NAA along with any stylist, hair and makeup artist, or other independent contractor used during the Photography Session of any and all allergies prior to the Photography Session.

USE OF DRUGS

NATALIA NAA reserves the right to cancel or stop the Photography Session or otherwise deny services at any time if NATALIA NAA believes that the Client is under the influence of an illegal substance.

RECORDING DEVICE USE DURING PHOTOGRAPHY SESSION

NATALIA NAA prohibits the use of recording devices of any kind during the Photography Session, including but not limited to video cameras, still photography cameras, mobile phone cameras, and sound recorders by anyone not employed or hired by NATALIA NAA. Any recordings made during the Photography Session by Client or any party associated with Client must be immediately and permanently destroyed and deleted. Any violation of this provision will result in cancellation of the Photography Session and forfeiture of all fees paid.

BODY ALTERATIONS

NATALIA NAA reserves the right, at its sole discretion, to cancel the Photography Session and retain the fees paid if the Client has engaged in any body alteration within the two weeks prior to the session. A Body Alteration is any modification to the appearance of the body that may affect the outcome of the Photography Session, including but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, and surgeries.

IN PERSON OR ONLINE ORDERING SESSION

Ordering Sessions are held 2-3 weeks after the Photography Session. Photographic Proofs are made available to the Client in person, any order of Photographic Images must be placed at that time. If no order for Photographic Images was placed at the time of the ordering session, the Photographic Proofs will be held for 30 days. If CLIENT does not complete the ordering appointment within 30 days of the photo shoot, the images will be archived and there will be a $300 fee to view them. If CLIENT needs to reschedule the ordering appointment for any reason, there is a $150 rescheduling fee if less than 7 days notice has been given. During the ordering appointment, CLIENT will review color-corrected proofs. Once the Client has ordered digital images, albums, or prints, each image will receive professional retouching and custom products will be designed if applicable.

ORDERS

By signing this agreement, Client understands that Client is required to place the order during the ordering session. If Client is unable to make full payment for their order, Client must be prepared to set up a payment plan with an initial down payment of 25% of the total order. Orders for photographic images, including but not limited to Photographic Albums, Folio Boxes, Matted Prints, Digital Images, etc., are considered final when placed and cannot be cancelled for any reason. Failure to make a down payment of minimum of 25% or pay in full on a final order within 5 business days of order being placed will result in order being cancelled. Once the images are chosen/submitted, the order is considered in production. Due to the custom nature of orders, an order cannot be changed or cancelled once it is in production. No refunds will be given. NATALIA NAA will make every effort to complete the goods by the date quoted but shall not be liable for any loss, damage or harm of any nature arising directly or indirectly from any delay from any other third-party suppliers and/or manufacturers. The Client agrees that if he/she is choosing to purchase an album, 2 revisions are included. Any revisions beyond that are subject to a redesign charge of $50. The Client agrees that if he/she is letting NATALIA NAA select the images for the album, the choices are at NATALIA NAA’S decision.

PAYMENT

Full payment for the Photography Session is due upon the execution of this agreement. Full payment for photographic images and/or products is due prior to the Photography Session (exception to this will be granted on a case by case basis with written expression from Client and NATALIA NAA). For the convenience of the Client, however, NATALIA NAA may allow for partial deferment of the payment of fees for the Photography Session and photographic images and/or products through Payment Plan arrangement. Participation in a deferred payment or instalment payment plan or failure to timely pay the full payment for the Photography Session or Photographic images and/or products does not absolve Client of any obligation under this Agreement, including the obligation to pay the full amount due for the Photography Session or Photographic images and/or products.

PAYMENT PLANS

The Client will be offered an in-house payment plan with the following terms: 

1) 1/2 down if Client's purchase is under $1000; 1/3 down if Client's purchase is over $1000. 

2) Longest term of payment plan available is 6 months. 

3) Must make a minimum payment of $250 on the same day every fortnight; a $50 per day late fee will be applied to late payments after a 7 day grace period. 

4) All products will be delivered 4-6 weeks after the payment plan is paid in full. Digital collections, if purchased, will be delivered once the all payment is paid in full.

5) If Client misses payments for more than 30 days, Client will be removed from the in-house payment plan program. 

Client will then either need to pay the remaining balance in full within 7 business days after payment plan defaults to receive products, or the Client will forfeit the right to purchase products & no refund will be applied for amounts already paid. Additionally, payment plans that default will be submitted to a collection agency. Due to the digital and custom nature of our work, all sales are final and no refunds are given for any reason, even if Client defaults on payment plan.

PRE-PAYMENT PLANS

All sales are final, all payments made are non refundable. In the event that the Client decides to cancel their session, all monies paid for the Session Fee and all payments made for the Pre Session Payment Plan are forfeited and are not transferrable. Should the client reschedule their session, the session fee and all pre session payments will be transferred to the new date as long as it falls within the same calendar year. Payments will be processed either: once per month, twice per month, or weekly based on client requests. Payments are automatically drafted, a consent to authorize form must be signed. We require 2 credit card numbers to keep on file for your payment plan, for instances when the initial card might be declined. You must notify us one week (7 days) in advance if you wish to have a new card added to your payment plan, the same goes for having one removed. You must keep a minimum of 2 cards on file at all time. 

Should at any point you decide to cease payments on your order and cancel your session, any monies paid will be forfeited. Payments may not be used as studio credit or transferred to another session or another client. By opting to cancel, you are agreeing to receiving no product, digital or physical, and no images.

There are no late fees or penalties for pre-payment plans, however after 3 declined payments, NATALIA NAA reserves the right cancel your pre-session payment plan and the Client will be responsible to pay in full at the Client's Image Reveal & Ordering Appointment or set up a Post Payment Plan.

Bonuses, if applicable, must be chosen a minimum of 14 days prior to the date of the session. Bonuses are only available for clients who are pre purchasing a collection, and are not applicable to clients who are purchasing from the a la carte menu. Should a bonus item or service become unavailable for any reason, the client may choose a different bonus the day of the session.

The entire balance of the Pre-Session Payment plan must be spent at the Image Reveal & Ordering appointment. If the client does not spend the entire balance, the remaining funds will be forfeited. No refunds or credits will be offered on remaining funds.

The Image Reveal & Ordering appointment is the Client's one opportunity to purchase your images. Unpurchased images are deleted 90 days after ordering appointment. Purchased images are deleted 90 days after prints have been picked up. Once deleted, discarded images are not recoverable. 

LATE FEES

Past due payments will accrue a late fee of $50 per day after a 7 day grace period. Client’s failure to remit full payment in a timely manner, however, will result in termination of NATALIA NAA's obligations under this Agreement. In the event that the Client's payments go 60 days past due, order will be cancelled and images will be deleted. In all circumstances, all sales are final and all payments made are non-refundable.

PHOTOGRAPHIC MATERIALS

All photographic materials, digital or otherwise, including but not limited to negatives, transparencies, proofs, previews, and electronic image files shall be the exclusive property of NATALIA NAA. NATALIA NAA retains all legal rights, including copyright to the images taken in the Photography Session. The Client waives any and all legal rights in the images taken during the Photography Session. NATALIA NAA shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio when a model release agreement is signed stating the release of Client's images. If the Client declines the Model Release, no use of the images will be public and the images stay private and are only seen by NATALIA NAA and the Client. If the NATALIA NAA desires to make other uses of the images outside of uses stated in the Model Release, the Photographer shall not do so without first obtaining the written permission of the Client. This agreement serves as a model release, which allows NATALIA NAA the permission to use any photos from the shoot detailed in this agreement in all media for the marketing purposes, including promotions, advertising and other lawful purpose.

CLIENT USAGE

Photographic Images are solely for the personal use of the Client and shall not be used for any commercial use without express written permission from NATALIA NAA and/or unless prior discussion have been made with NATALIA NAA. The Client understands and agrees that any reproduction, duplication of any image not purchased or alteration of any images owned or produced by NATALIA NAA, including but not limited to Photographic Images and images made public by NATALIA NAA online, by anyone other than NATALIA NAA is strictly prohibited and is a breach of this Agreement and a violation of the legal rights of NATALIA NAA. All images created by, NATALIA NAA are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without the NATALIA NAA’s written permission. It is illegal to copy, scan, download (unless digital gallery was purchased), screenshot, print, modify, re-produce, re-edit, add any filters, convert to black and white or otherwise steal any image created by NATALIA NAA. This applies to images posted in a Private Online Gallery, Blog, Facebook, Instagram or Hard Copy images. Unless otherwise specified, the Client will be given the low-resolution digital copies if a digital collection/add-on is purchased. The Client may however share web/blog post links and social media albums through use of the share functions and dissemination of direct links. If the Client steals images via any method above, or any other method, the Client will be charged legal fines and invoiced for the cost of EACH digital image stolen, at NATALIA NAA's current price per image. If the Client has any questions regarding copyright and the use of photographs please contact NATALIA NAA.

THIRD PARTIES

NATALIA NAA will not discuss any information containing to the Client or Client's session, payments or personal information with a Third Party unless Client goes in to default on payments and goes to a collection agency.

LIMIT OF LIABILITY

NATALIA NAA takes the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond NATALIA NAA’s control, NATALIA NAA's liability is limited to a re-shoot which will be scheduled at no additional cost. In the unlikely event that NATALIA NAA is injured or becomes too ill to attend the portrait session, NATALIA NAA will make every effort to reschedule to the earliest possible date.

INDEMNIFICATION

NATALIA NAA shall be held harmless for any and all injury to client during the course of the Photography Session or any injury on or near the premises before, during, and after Photography Session. NATALIA NAA shall be held harmless for any and all economic, reputational, or any other damages to Client resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. The Client agrees to defend and indemnify NATALIA NAA for any legal claims by third parties resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. The Client further agrees to defend and indemnify NATALIA NAA for any and all legal claims caused by intentional or negligent acts of the Client.

WEATHER

If it is not possible for a session to take place on a scheduled day due to weather, NATALIA NAA and the Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

ENTIRE AGREEMENT/WAIVER

This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

CONDUCT

NATALIA NAA will not tolerate verbally or physically abusive or indecent behavior of the Client or other Persons present during the Photographic Session. Any threatening, hostile, inappropriate, or offensive behaviour of any kind, and any other behaviour that compromises the safety or well-being of NATALIA NAA or NATALIA NAA's photography equipment or constitutes a hostile work environment (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) will not be tolerated. What constitutes such behaviour is up to the sole discretion of NATALIA NAA in accordance with the standard of a reasonably prudent person, and will be dealt with accordingly: NATALIA NAA will end the Photographic Session immediately and NATALIA NAA shall be entitled to retain all monies paid here under. The Client(s) will not be entitled to any refund, and Client(s) will also agree to relieve and hold NATALIA NAA harmless for a lapse in the quality of the work. If at any time NATALIA NAA or any staff associated with NATALIA NAA, fears for their safety or the safety of equipment, NATALIA NAA has the right to immediately protect NATALIA NAA's interests, including terminating this contract, stopping photography, or leaving the location. The Client understands that in such an event, no refunds will be granted.