Dear our beloved Clients

In the following terms & conditions “the photographer/videographer” shall mean Hayden Redmond and / or Sam Currie trading as Everlast Creative. “The clients” shall be those persons defined as bride and/or groom, event or shoot organizers on the invoice. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer/videographer in writing. 

1. COPYRIGHT

i. Australian Copyright law assigns the copyright of the images to the photographer/videographer/s.  

2. DISPLAY

i. The client(s) hereby allow(s) the photographer/videographer/s to display any photograph or video covered by an Everlast Creative shoot and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. 

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs & videos taken during the course of the event will be at the discretion of the photographer/videographer 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/videographer/s will do their best to honour the requested photographs and/or video clips but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.

iii. For a booking involving a church ceremony or at certain venues, the photographer/videographer's movements are sometimes restricted by the official in charge. The area from which the photographer/videographer is able to cover the ceremony may not be the photographer/videographer's choice and the photographer/videographer cannot accept responsibility for any obstructed view should this be the case. 

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

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

4. PAYMENT

i. A non-refundable deposit of 10% of the total package price will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer/videographer'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 in full of the remaining balance will be due up to 1 week after the event date. 

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

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

5. FORCE MAJEURE

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

ii. The photographer/videographer will endeavour to put the client(s) in touch with another photographer/videographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc. 

6. DIGITAL NEGATIVE FILES

i. All digital negatives (computer files) remain the property of the photographer/videographer. All digital files will be backed-up and stored by the photographer/s should they need to be retrieved at some point in the future.

ii. Should the digital negative files be lost, damaged or destroyed for the reasons beyond control, the photographer/videographer’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/s will be the sole professional (still) photographer/s at the venues specified. The photographer/s does however positively encourage family, friends and other guests to take photographs throughout the day.

8. PERSONAL ACCIDENT

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

9. DELIVERY

i. The photographer/s will endeavor to deliver digital negative files as quickly as possible. However, this could take up to 3-6 weeks during busy periods.

10. AERIAL DRONE PHOTOGRAPHY / VIDEOGRAPHY

i. Everlast Creative drone services are only available in locations that are authorised by CASA. Check the CASA website to see if your venue is suitable.

Dear our beloved Vendors

Hey Creative talented Vendors and Suppliers!

We love working with you all and love sharing images & videos with you.

Please note images & films are copyrighted so please read and abide by Copyright Laws of Australia by following the below terms of usage.

All photos, products or services are owned and copyright by Everlast Creative.

You are legally bound to these Terms whether or not you have read them.

COPYRIGHT & USAGE //

Our images are not watermarked, so photo credit is required along with the relevant tagging, captions and hyperlinking. If you would like larger images for print media or advertising purposes you are welcome to purchase a copyright license by using the easy to use shopping cart attached under ‘Digital Images’ via our gallery.

Please only use the images in which your product and or service is represented and don’t blog the entire wedding. Please DO NOT use any family or guest photos.

Photos are to be used on social media and blogs only. They are not to be used for advertising material, including sponsored ads on social media unless purchased. Images may only be used on websites if photo credit is provided with both the image and text directly below the image ‘Photo: Everlast Creative’ and hyperlinked to https://everlastcreative.com/

Any requests to use images for advertising purposes require written consent from Everlast Creative, though the Photographer is under no obligation to enter into any commercial agreement. A fee (or contra deal for your awesome product/service – We love supporting local so hit us up!) will apply for the right to use images in marketing material (including website catalog) and is at the discretion of the photographer. If you are unable to credit an image on a website slider please purchase the image.

Instagram //

Feel free to crop 4x5 or square for Instagram, however, please don’t apply any filters, despite how amazing those instagram filters are! Please do not zoom in on any of our images, as resolution is lost in the process.

Credit to @EverlastCreative must please be made in the caption accompanying the image within the first two lines, AND the tag, not just as a tag or hidden under a thousand bulletpoints. We don’t get compensated to send you these images so please be kind.

www.everlastcreative.com
F | /EverlastCreative
I | @Everlast_Creative

Vendor Credits //

Please email us for a list of vendor credits to be able to tag relevant creatives to support local!

Intellectual Property //

All text, wording, images, graphics, logo, taglines, packaging, album design and trademarks are owned by and the property of Everlast Creative.

It is a violation of federal law to use any of Everlast Creative’s intellectual property in whole or in part.

You may use images you have purchased for use as per the terms above.

You may not reproduce, give or sell to third parties including media and vendors. You may not claim ownership or use any of my intellectual property without prior written consent.

Please send other vendors to hello@everlastcreative.com to request written permission to use the images and receive the correct usage terms and images.

If you wish to use or refer to any content by Everlast Creative, you must do so by requesting permission prior to commencing use or any motion to use in the future.

Cheers, Hayden & Sam