Introduction

At Encove Collective, we pride ourselves on delivering proffessional photography and videography services tailored to your unique requirements. To ensure clarity and mutual understanding, please review the following Terms & Conditions, which apply to all services unless otherwise specified.

Definitions

• “Service Provider”: Christina Tainsh, Encove Collective.

• “Client”: Any individual, business, or organization engaging the services of the Service Provider.

• “Services”: Includes photography, videography, and social media management provided by the Service Provider.

Acceptance of Terms

By accepting a quote or engaging our services, the Client agrees that all agreements, whether verbal or written, are governed by these Terms & Conditions. Acceptance of our services constitutes full acceptance of these terms.

Website Usage

All content on our website, including images and videos, is copyrighted by Encove Collective. Reproduction or use of any content without explicit written permission is prohibited, including for images and videos provided to clients.

Payment Terms

• Deposits: A non-refundable deposit of 50% or 60% is required to secure a booking. This deposit confirms your date and prioritises your booking.

• Final Payment: The remaining balance is due upon delivery of photos or videos. Full payment must be received before any material is released. Payments can be made via Electronic Funds Transfer (EFT) or other agreed methods.

• Overdue Payments: Interest on overdue payments will be charged at 2.5% per month.

Retention of Title

The Service Provider retains ownership of all materials, images, and footage until full payment is received. Usage rights for images or footage are granted only upon complete settlement of all invoices.

Booking and Charges

• Booking Types: Bookings are available by the hour, half-day (up to four hours), or full-day (up to eight hours). Overtime charges apply for work outside regular hours (before 8:00 AM, after 6:00 PM) and on weekends and public holidays.

• Preparation, Service Time and Wrap Time: Preparation time is billed hourly, with a minimum charge of two hours, Ensure a good amount of shoot time for each service to guarantee the best outcome, based on the services and camera persons discretion.

• Travel Time: For shoots outside Melbourne suburbs or requiring travel over one hour, travel time is billed at a half-day rate.

• Domestic/International Travel: Clients are responsible for all travel expenses for national and international shoots, including transportation, accommodation, and necessary visas.

Cancellation and Postponement Fees

• Cancellations: Deposits are non-refundable. Cancellations made less than one week before the booking incur half the fee. Same-day cancellations are charged at the full-day rate.

• Weather Permits: Weather conditions must be communicated in advance. Cancellations due to weather are charged as a half-day if made 24 hours in advance, or a full-day if on the same day.

• Postponements: Postponements after the Service Provider has departed incur a 100% fee; postponements before departure incur a 50% fee. Fees apply regardless of the reason, including weather or acts of God.

Delayed, Suspended, or Abandoned Projects

• Delayed Projects: Projects delayed due to lack of response for over five business days may be postponed.

• Suspended Projects: Projects suspended for more than 15 days without response require reactivation with all necessary items and a fee of 15% of the project total, plus any outstanding balance.

• Abandoned Projects: Projects are deemed abandoned after 30 days without response. A reactivation fee of 15% of the project total applies, along with settlement of any outstanding balance.

Overruns

Additional charges apply for assignments that exceed the agreed time due to factors beyond the Service Provider’s control. Any extra time will be agreed upon and reflected in the final invoice.

Completion of Work

Work is considered complete when the agreed material is delivered, including a link or access to a web gallery. No images or footage may be copied or used without explicit permission.

Conduct and Liability

The Client is responsible for the conduct of their guests. The Service Provider reserves the right to terminate an assignment if behaviour is unsafe or disruptive, with full fees still applicable. The Client is liable for any damage to property or equipment caused by themselves or their agents.

Delivery of Products and Services

Products and services are provided on a best-efforts basis. The Service Provider is not liable for delays beyond their control, including postal delays, acts of God, or other unforeseen circumstances. There must be no deletion of files or folders in google drive or any other gallery provided, within the project times.

Prices & Terms

All prices are subject to change without notice. The Service Provider reserves the right to amend these Terms & Conditions at any time.

Copyright and Usage

• Ownership: The Service Provider retains copyright of all images and footage created. Clients must not reproduce or copy images or footage without permission. Commercial use without permission is subject to additional fees and damages.

• Additional Usage: Any usage beyond the scope agreed upon during quoting requires new permissions and may incur extra charges.

• Licence: A non-commercial licence is granted at no cost provided credit is given and the Service Provider is notified. Commercial use requires explicit permission and may involve additional fees.

• Right to Reproduce: The Service Provider reserves the right to use images and footage for promotional, marketing, and editorial purposes.

Model, Talent, Location Clauses

• Model Release Forms: The Client is responsible for obtaining model release forms for all individuals photographed or filmed. The Service Provider may provide a template but is not liable for legal validity.

• Contracts and Payments: The Client handles contracts and payments for models unless otherwise agreed in writing.

• Indemnification: The Client indemnifies the Service Provider against claims related to the use of images or footage involving models, talent or location.

Photographic and Videographic Integrity and Alterations

The Client must not alter images or footage without permission, except for standard adjustments like colour or brightness. Any modifications require the Service Provider’s consent.

Rejection and Payment

The Client acknowledges that the style and composition of the Service Provider’s work are subjective and based on pre-planned scopes and ample time provided for this service to be completed. Rejection of work based solely on style or composition is not permitted. If the Client wishes to reject work, either a new complimentary shoot date can be arranged or as a last resort a partial refund may be provided. Payment for services rendered is required regardless of whether the images or footage are used.

Rejected works

If work is rejected after 7 days, full payment is required and no re-fund will be actioned (based on each project) Non-publication / unused images or footage, through no fault of the Service Provider, does not exempt the Client from payment.

Dispute Resolution

In the event of disputes, the Client agrees to resolve the issue through arbitration or mediation at the Service Provider’s discretion.

Variation

Any changes to these Terms & Conditions must be agreed upon in writing by both parties.