Terms of service
The following are the terms and conditions that will apply to any engagement of my photography services unless agreed otherwise in writing.
Booking and payment
Full payment for the shoot (“the Fee”) must be made prior to the shoot in order to confirm slot. I have the right to refuse to proceed with a shoot until full payment is made. For the sake of clarity, the latest date by which the Fee has to be paid, ie the due date, is the first date of the shoot itself.
Full payment for additional edits in a portrait photoshoot package must be made before I proceed with editing the selected photos. I have the right to refuse to release all the edited photos of a session until full payment is made for all additional edits from that session. For the sake of clarity, the latest date by which payment for additional edits has to be paid, ie the due date, 7 working days after the request for the additional edits is made.
Rescheduling/Cancellation
Please do not be late for the shoot! If you are late for more than 30 minutes, the shoot is cancelled and the full Fee is forfeited.
You may reschedule a planned shoot latest before 2 weeks of the first day of the shoot.
You may cancel a planned shoot latest before 2 weeks of the first day of the shoot. I will refund you the full payment for the shoot if the cancellation is done in accordance with this clause. Except for certain circumstances I have the sole discretion to consider, any cancellation done outside this clause will result in the forfeit of 50% of the Fee. Any refund will be done within 30 working days.
Notwithstanding clauses 3 to 5 above, you may reschedule an outdoor shoot in the event of inclement weather.
In the event that I am unable to attend a shoot due to any cause beyond my reasonable control (such as illness, accident, acts of God, crime—to myself or my family members) I will make a full refund of the Fee and exert reasonable effort to find a replacement photographer for the engagement.
Work and Archive
All work will be delivered digitally only via online cloud storage and/or similar online communication methods. Please download all photos within 4 weeks of delivery as they will be deleted from the online cloud storage thereafter.
All request for additional edits must be made within 7 working days of the proof being sent to you, after which any such request would only be entertained at my own discretion.
All edited images are final and are subject to my sole discretion as photographer in terms of style and/or composition. There is no right to reject any work or edited images under these terms and conditions.
All work will be stored for a period of 1 month after the day the final completed image is delivered to you. Any request for retrieving work after the aforementioned period will incur administrative fee of $10 per image, to be paid in full prior to the delivery of such requested work.
Copyright and licensing
Under Singapore law, copyright of a photo resides with the photographer even after the completion of the engagement and/or delivery of the work. As clients, you have free and perpetual license to use the edited photos they have purchased for personal use, including sharing them on social media websites. This license cannot be assigned to another person or entity without my prior consent.
Please credit me as the author of the work. If you would like to be able to use the photos without crediting me, the Fee would be increased by 25%, to be paid prior to the shoot as part of the Fee.
My work may not be used for commercial use (meaning to be used to sell or promote a service, or to make profit) without my permission. Commercial license is to be negotiated separately from this agreement.
You may not modify or edit the final images for publication or sharing without my prior permission.
I do not provide RAW files to clients as they are not representative of my work (editing is an integral process in photography), and it costs an exorbitant amount to upload the raws online for sharing with clients (each raw file is 20-50MB+ in size, and we take a lot of photos in one session). Please do not share the raw photos shared for proof online as well or edit them in any way.
Unless agreed otherwise and except for boudoir photography shoots, you hereby permit me to display any work under this engagement as well as any video or photograph taken in the course of this engagement that may feature the likeness of the subjects of the work, to generally promote my photography business in social media, online websites, brochures, competitions, exhibitions, and other web or print materials.
The above Clause 17 does not apply for boudoir photography engagement. All boudoir photography works shall remain private and confidential and I shall ask for your permission before sharing such photos for the purposes of promoting my photography business.
Creative License
While I will try my best to comply with client’s wishes, the work taken in the course of this engagement are at my discretion. I do not guarantee that any specific person, group arrangement, or physical landmark would be incorporated into the work. I also do not guarantee any specific number of colour-corrected and/or edited photos that will form the final work for an events shoot.
Please note that due to lighting conditions, other physical impediments on location, and technical equipment limitations, there may be differences in colour and/or lighting throughout the work.
Limitation of Liability
I shall not be held liable for any injury or damage done to any person or property in the production of the works under this engagement. Any poses or tricks done during the photoshoot are at your own risks.
I shall not be liable for any third-party claim arising out of your use or reproduction of the work produced under this engagement.
Please ensure that all necessary rights, licenses, model releases or consents which may be required for reproduction have been obtained for this engagement. This includes but is not limited to rights, licenses, or consents to use copyrighted or trademarked works, registered designs, likeness of people or their names. For event photography, this means that you would need to ensure that audience members have given consent to being photographed and having their photos released. In the event that the above are not complied with, you would indemnify me against any direct and indirect loss or damage and costs of proceedings in relation to any third-party claims arising out of such non-compliance.
My liability under this engagement shall be, to the extent permitted by law, limited to the Fee, and I shall not be liable for indirect or consequential damages.
Miscellaneous
These terms and conditions shall be governed by the laws of the Republic of Singapore.
All services and work rendered in terms of this engagement, including any additional time cost, edits ordered, and/or where extra expenses or time has been incurred by me in performing the engagement, or any other incidental costs incurred herein as a result of alterations to your original instructions, is to be regarded as an extension of these terms and conditions, incorporating these same terms and conditions, therefore not being severable from the contract herein, and shall further become due and payable in terms hereof.
The failure of either party to insist upon the strict performance of any of these terms and conditions shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms and conditions shall remain in full force and effect. No waiver of any term or condition on the part of either party shall be effective for any purpose whatsoever unless such waiver is in writing and signed by such party.