TERMS AND CONDITIONS.

AGREEMENT OVERVIEW
This Agreement expresses the full and complete agreement between the CLIENTS (hereafter referred to as CLIENTS) and VYBE COLLECTIVE (hereafter referred to as VYBE COLLECTIVE) regarding the subject matter hereof. It supersedes all prior agreements. This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by CLIENT and VYBE COLLECTIVE at the time of acceptance of this contract shall be recognised as amendments to this contract.

The CLIENT agrees that all rights, titles and interest in or relating to any work belongs to the photographer; and irrevocably and unconditionally releases the photographer from any and all claims, demands, suits, actions, proceedings, damages, expenses or other liabilities whatsoever which the CLIENT may have at any time arising in connection with the photographer's use of the work.
 

COOPERATION
Unless otherwise noted, VYBE COLLECTIVE, it’s associates or employees will be the exclusive photographer(s) at this portrait photography shoot. The CLIENTS agree that good faith cooperation and communication between them is important in obtaining a good result. CLIENTS must also notify VYBE COLLECTIVE, and photographer(s) in writing if they wish to have anything photographed in a particular way. VYBE COLLECTIVE, or the photographer(s) will not be held accountable if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to VYBE COLLECTIVE, or beyond the photographer(s) control.

DEPOSIT & PAYMENT SCHEDULE
A non-refundable deposit of $100 or what is stated on package information, is due upon booking your date with the remaining paid 5-7 business days prior to the scheduled photo shoot. This is a NON-REFUNDABLE DEPOSIT. Should CLIENT not show up to the scheduled appointment, cancel the appointment or otherwise breach this agreement, the NON-REFUNDABLE DEPOSIT shall be liquidated for damages to VYBE COLLECTIVE. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the deposit shall be applied towards the final total, with the remainder of charges payable in full, this includes location hire, prior to the photo shoot.  If extra images are added on the day of or after the photo shoot, payments must be paid before the image files are handed over to CLIENTS.

RESCHEDULING
If the CLIENT is unable to follow through with the photo shoot - whether it be financially or physically - please advise VYBE COLLECTIVE as soon as possible. If you cancel WITHIN 48 hours the deposit is non-refundable (unless there is valid reason/evidence). VYBE COLLECTIVE reserves the right to allow TWO reschedule's of the photo shoot date due to unforeseen circumstances and will be understanding to each individual case. The non refundable holding deposit paid will apply to the rescheduled shoot once, but not further. This rescheduling period is valid for a maximum of 6 months from the initial photo shoot date. After this period, any change in rate will apply to the rescheduled photo shoot.

SHOOTING
Unless specified prior to the session, arrival to the photoshoot means hair + makeup completed. The photoshoot will not go ahead without the final payment being submitted. If you are running late, VYBE COLLECTIVE respectfully requests that the CLIENT advises how far behind they are. VYBE COLLECTIVE is not responsible for making up for lost time on behalf of the client. Please note that any time the CLIENT is late for, will be taken out of the photoshoot booking. If you are running late and you have not communicated to VYBE COLLECTIVE that you are behind schedule, VYBE COLLECTIVE will leave after 30 minutes of waiting. Please note the CLIENT will still be required to pay for the session as damages.

LOCATION RULES
CLIENTS agree and understand that the photographer(s) are limited by the guidelines of the location site/venue management/government rules and CLIENTS agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the CLIENTS responsibility. If CLIENT appears under the influence of alcohol or drugs during the shoot, VYBE COLLECTIVE has the right to cancel the shoot immediately due to liability and health concerns arising.

COPYRIGHT
Photographs/images produced by VYBE COLLECTIVE are protected by Copyright Law (all rights reserved). Upon final payment by CLIENTS, CLIENTS are allowed to display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of VYBE COLLECTIVE. CLIENTS will receive a high-resolution JPEG file with printing rights. When publishing the images, VYBE COLLECTIVE must be noted as the photographer. The CLIENTS must obtain written permission from VYBE COLLECTIVE prior to the CLIENTS, their associates, friends or relatives selling the photographs. The CLIENT may submit images to other vendors for social media use only. If any magazines, blog or social media platform of any type post in relation to the CLIENTS images they must credit VYBE COLLECTIVE or direct website link www.vybecollective.com 

EDITING
VYBE COLLECTIVE takes pride in the edited images, and images will not be delivered before they meet VYBE COLLECTIVE quality standards. Whilst VYBE COLLECTIVE ‘s editing style is quite complimentary, please note below, what defines VYBE COLLECTIVE “edited” images : colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and a little artistic flare. VYBE COLLECTIVE reserves the right to creative freedom and decision making when producing the final edited images. The untouched (RAW) watermarked image files in JPG formate are provided for the watermarked online gallery for online viewing ONLY. VYBE COLLECTIVE does not provide RAW images as part of any of the packages and they are not available for purchase.
CLIENTS must credit ALL images posted with instagram handle @vybe_collective unobstructed from view.

IMAGE REMUNERATION
CLIENT’S must understand that VYBE COLLECTIVE will photograph the day with a number of final images in mind as per the CLIENTS chosen package. Should CLIENT’S upon receiving the final images, wish for more photographs, these must be paid for separately.

LIABILITY/RIGHT OF WITHDRAWAL
VYBE COLLECTIVE will not accept any responsibility due to any accident involving children or adults present at the photoshoot or damage to public or private properties during the photoshoot. VYBE COLLECTIVE discovery of new information: changes to agreed circumstances which may affect VYBE COLLECTIVE safety, travel plans (e.g change of location of photo shoot), or other factors which tend to circumvent its policies may result in its withdrawal. VYBE COLLECTIVE takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond VYBE COLLECTIVE control, the latter’s liability is limited to the return of all payments received for the package. The limit of liability shall not exceed the
contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

COMPLETION SCHEDULE
Images are expected to be proofed + delivered in the RAW gallery for the CLIENT to look through within 2-7 days after the photoshoot date. The CLIENT is then to pick their favourites from the online watermarked gallery and submit them. The images will then be added to the client editing list and can be anywhere from 2-4 weeks to receive your final edited images. At any stand the standard wait time could be extended past this time frame, it is dependant on the current workload of VYBE COLLECTIVE at the time of the CLIENTS shoot.
A gallery link will be sent to the CLIENT in which is then the CLIENTS responsibility to save the file onto their own external device. The CLIENTS PixieSet file will only be available for two weeks after the file has been delivered and after this time will be archived. 


Last Updated: January 2022