PHOTOGRAPHY AGREEMENT

By booking a Studio Session and/ or ordering Images from Tame & Wild Studio, you indicate that you accept the following Terms of Use, and agree to be bound by them.  This Photography Agreement sets out the terms on which Tame & Wild Studio will take photographs of your pets and license you to use images taken.

In this Photography Agreement, “Images” means the images Tame & Wild Studio takes for you and includes but is not limited to:

a) photographic prints;

b) images displayed on Tame & Wild Studio’s website;

c) digital storage media and memory cards

d) digital files such as jpgs, gifs and all other file formats

1.     STUDIO SESSION

A Studio Session booking is for up to two pets from the same household. If you wish to add additional pets after you have made your booking, please confirm this with us prior to your Studio Session.

For studio sessions involving one or two pets we welcome two accompanying people and we ask that you be prepared to participate in the session.  Your involvement will include assisting Tame & Wild Studio in communicating with your pet and holding toys to get your pet into the right position for the photographer.

For more than two pets, we ask that you bring one person per pet to assist. If you would like more people to attend, please check with us first because too many people will be a distraction to your pet during their Studio Session.

Once we have received your deposit (Studio Session Fees) we will confirm the date and time of the Studio Session.

The Client agrees to comply with the rules and directions of Tame & Wild Studio during the shoot and whilst on Tame & Wild Studio’s premises.

It is the client’s responsibility to ensure that their pet is secure at all times other than when required by Tame & Wild Studio. Dogs are to be on leads and cats/other pets in secure cages.

You may not take your own photographs nor video at the Studio Session.

2.     STUDIO SESSION FEES

Studio Session Fees are payable with respect to the shoot and are quoted by Tame & Wild on a case by case basis.

Studio Session Fees must be paid in full as a deposit to secure your booking.

 If you change your shoot date or time with more than 48 hours notice no Studio Session Fees will be charged and we will refund you the full amount paid.

If you change your shoot date or time with more than 48 hours notice no Studio Session Fees will be charged and we will refund you the full amount paid.

There is no transaction fee for VISA or Mastercard payments however AMEX & Diners Club transactions incur a 2% processing fee

3.     VIEWING SESSION

Once we have processed photography taken at the Studio Session, we will contact you to attend a Viewing Session at which you can come and order your preferred Images.

The Viewing Session will be held at 105 Prahran Avenue Davidson unless otherwise agreed.

You acknowledge and agree that we are not required to keep all images on file indefinitely and that you will not be able to place orders for images more than 42 days after your Viewing Session.

4.     IMAGE FEES - ORDERING

Image Fees are payable for the Images you order, including the rights Tame & Wild Studio grants you to use such Images.  You can choose to pay using one of the following options:

a) FULL UPFRONT PAYMENT – pay in full on the day of the Viewing Session;

b) FIFTY/FIFTY – 50% deposit paid on the day of the Viewing Session with the balance paid on the day the Images are collected; or

c) PAYMENT PLAN 40% deposit on paid on the day of the Viewing Session with the balance to be paid as fortnightly repayments (min $75 per fortnight) until your Images have been paid in full.

All AMEX & Diners Club transactions incur a 2% processing fee.

Any order cancellations need to be made in writing within 3 days of placing your Order (prior to processing /printing), and all deposits made will be forfeited.

We will notify you when your Order is ready to be picked up. If your Order hasn’t been picked up after three weeks a daily interest rate of 2% of the outstanding balance will apply.

5.     COLLECTION

Estimated processing time is approximately four weeks from the time of ordering.  We will call to let you know when your Order is ready for collection.

If the quality of the Artwork does not meet expectations, the client may receive a replacement Image of the same size free of charge. However, once a client has taken possession of an Artwork Tame & Wild Studio is no longer responsible for its quality.

6.     ON LOCATION STUDIO SESSIONS AND OTHER SPECIAL REQUESTS

In the event an on location shoot is required a $1.15 per km travel fee will be charged in addition to an extra charge covering the cost of studio setup and pack down (which will be quoted on a case by case basis).

The client agrees to communicate any special requests that would require pre-planning to Tame & Wild Studio at least one week before the Studio Session and we will use reasonable endeavours to accommodate reasonable requests. Fulfillment of special requests will not be possible if not communicated by 7 days prior to the photo shoot.

7.     COPYRIGHT AND FUTURE USE OF THE IMAGES BY TAME & WILD STUDIO

The Client acknowledges and agrees that copyright in the Images vests with Tame & Wild Studio.

The Client agrees that:

a) consents to the use of the client’s (if applicable) and the client’s pet’s name, likeness, voice and biographical material in connection with the Images;

b) Tame & Wild Studio owns and controls all rights in and to Images and including the client’s appearance (if applicable) and the client’s pet’s appearance, and Tame & Wild Studio and its assignees and sublicensees Tame & Wild Studio has the irrevocable and unrestricted right to sell, display, modify and/or publish any of the Images at its discretion (whether or not ordered by the Client). Tame & Wild Studio may exercise those rights in any media worldwide in perpetuity (including but not limited to via print, television broadcast, online, mobile application and social media platforms), without any right of approval by the client nor payment to the client.

c) The client’s appearance (if applicable) and the client’s pet’s appearance in the Images may be edited at Tame & Wild Studio’s discretion;

d) The client may not seek injunctive relief against Tame & Wild Studio nor restrain Tame & Wild Studio from exercising its rights under this Photography Agreement.

8.     PERMITTED USE OF IMAGES BY THE CLIENT

Subject to receipt of full payment from the client in accordance with the terms of this Agreement, Tame & Wild grants the client a licence to use the Images for your own personal use.

The client agrees it may not:

a) rent, lease, loan, license, sublicense, distribute, transfer, publish, display, disclose, orpermit access to the Images, except to the extent you are explicitly authorized to do so under this Photography Agreement;

b) copy, reproduce, modify, change, alter or update the Images or any part thereof;  

c) remove, alter or modify any identifying mark, copyright, or other proprietary notice of Tame & Wild Studio from the Images.

Without limiting the foregoing, the client agrees it will not use nor disclose, sublicense nor transfer the Images for profit or any other commercial purpose, including but not limited to entry into contests, sales to stock photography agencies, publishing, advertising, use on business websites, inclusion in newsletters or other promotional materials, whether for profit or otherwise.

If the client proposes to use the Images beyond their own personal use, any such proposal is subject to Tame & Wild’s prior written approval which Tame & Wild may withhold in its absolute discretion.  In the event Tame & Wild agrees to approve any such proposal, such additional use may be subject to additional licence fees.

9.     INDEMNITY

The client indemnifies and releases Tame & Wild Studio, its directors, officers, employees, contractors and agents with respect to any claim, loss, injury or damage arising from the client’s pet’s actions or behaviour before during or after a shoot by Tame & Wild Studio, or otherwise arising from the exercise of the rights granted in this Photography Agreement (and not caused by the negligence of Tame & Wild Studio, its servants and agents).

10.  LIMITATION OF LIABILITY

Tame & Wild Studio will not be liable for nonperformance of Studio Sessions or Viewing Sessions due to photographer's accident, injury, illness, or other circumstance beyond Tame & Wild Studio’s reasonable control.  We will use reasonable endeavours to provide you with as much notice as possible should sessions need to be postponed for this reason.

To the maximum extent permitted by law, in no event will Tame & Wild Studio be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Studio Session nor the Images even if Tame & Wild Studio is advised of the possibility of such damages, losses or expenses.

Nothing in these Terms removes or limits any rights that you have under existing laws or regulations and codes, including under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and the various State and Territory fair trading laws, including for example that the services provided under these Terms are provided with due care and skill and the goods are fit for the purpose for which they are supplied and are of merchantable quality.

To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied are expressly excluded. To the maximum extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Tame & Wild’s option to replacement or resupply of goods or services or payment for the same.

11.  IMAGE ARCHIVAL

Any Images ordered will be stored on file in the event replacement Images are required in the future.

12. PRIVACY

Tame & Wild Studio is collecting your personal information for the purpose of establishing and administering your account and for the purpose of understanding our customers.  Tame & Wild Studio will handle your personal information in accordance with Tame & Wild Studio’s Privacy Policy which is available at [link] (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information).  Without limiting the foregoing, Tame & Wild Studio may disclose your personal information to its related entities, business partners and external service providers for other purposes reasonably related to your relationship with Tame & Wild Studio.  In addition, you consent to Tame & Wild Studio using your personal information for the purpose of Tame & Wild Studio and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners.  We will always provide you with the ability to opt out of those communications.

13.  GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.


Tame & Wild Studio Photography Agreement | Version 1.1 | January 2017