Terms and Conditions

Thank you for choosing Red Eclectic (The Trustee for Nayler Wray Family Trust) (ABN 62 928 918 326) (hereafter “our”, “we”, “us”, “the Photographer”) for your Pop Up Wedding Event at Night Owl Studios (hereafter “the Event”) on the 31st October 2026 (‘the Booking’).

 

This is the agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use our goods and services (‘the Terms’).

 

These Terms are important because they set out the rights and obligations of you as our Client, when making a Booking. Please read the Terms carefully before making your Booking with us, or before receiving any of our goods and services.

 

Your Booking is confirmed once you have accepted these Terms using our online booking system. However, if you do not execute these Terms via this method (but you pay the Booking Fee outlined in Clause 3), you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.

 

1. Scope of Goods and Services

1.1  We provide professional photographic goods and services that are outlined in your invoice, and may be as follows:

(a)   consultation in relation to the provision of the services at your Event;

(b)   provision of photographic services on the day; and/or

(c)   digital and/or physical prints;

(hereafter ‘the Goods and Services’).

 

2. Expression of Interest

2.1  You acknowledge that until a Booking Fee is paid (in accordance with Clause 3), your enquiry (whether by email or by telephone) is an expression of interest only and not a binding agreement to provide services on the proposed Booking Date.

2.2  An expression of interest means that a proposed Booking Time for the Event Date is “held” for a period of seven (7) days from the date of the formal expression of interest. After that period of seven (7) days, we cannot guarantee that the proposed Booking Time will be available.

 

3. Booking Fee

3.1  You must pay a booking fee of $800 to Night Owl Studios for your Booking Date to be confirmed (‘the Booking Fee’).

3.2 By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing my Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration, and ongoing client management.

3.3  You acknowledge that through booking the date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.

3.4  The Non-Refundable Booking Fee is not transferable to another Booking Date or another type of goods or services.

 

4.  Payments

4.1  You agree to make payment of the total price of our Goods and Services. This amount will be provided in an invoice and may include any other further charges incurred in accordance with the Terms (‘the Invoice’).

4.2 You are required to pay for the Goods and Services as follows:

4.2.1.  The Booking Fee as outlined in Clause 3 to Night Owl Studios;

4.2.3.  Payment of my invoice in full (being ‘the Final Payment’) due thirty (30) days prior to your Booking Date.

4.3  Any payments made to us will be made via direct deposit.

4.4  In some instances, you may pay the invoice through the assistance of a Third-Party Payment Provider (‘TPPP’) such as Paypal. You acknowledge that you have read those terms and conditions thoroughly and have informed the TPPP that you agree to be bound by any terms and conditions in addition to these terms. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP. You agree to keep your information, including your email address and payment details up to date so that the TPPP and we can process payment and contact you as needed in connection with the provision of the Services.

4.5 If any payment is not made when due, you shall pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by us in collecting or attempting to recover all of part of the debt.

4.6 If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.

 

5.  Cancellation or Postponement of Booking

5.1   You may cancel this agreement at any time, by notifying us or Night Owl Studios in writing.

5.2   Where you wish to cancel, the following applies:

Notice Given: Prior to six (3) months = Cancellation Schedule: Booking Fee forfeited

Notice Given: Less than six (3) months and before four (4) weeks = Cancellation Schedule: Booking Fee forfeited + $200 fee is forfeited/due to Red Eclectic

Notice Given: Less than four (4) weeks = Cancellation Schedule: Booking Fee forfeited + $500 fee is forfeited/due to Red Eclectic

5.3  As per the nature of this pop-up event, postponements will not be viable.

5.4   As the event is indoors, postponement or cancellation due to weather is not acceptable. Refunds will not be given if inclement weather impacts your event, unless such weather event falls within the definition given in Clause 18. In those instances, the remedy in Clause 18 will apply. Where you wish to cancel or postpone your Event Date due to weather, these will be treated in accordance with our cancellation and postponement policies above.

 

6.   Production

6.1  You acknowledge that in order to avoid dark or grainy images, we may need to use lighting. Where images may be impacted by poor lighting, we may also direct you, or others who are being photographed, to relocate to a place where there is better lighting. Where you, or another person, refuse to move to that location, we cannot be responsible for the quality of the images.

6.2   You acknowledge that we cannot be held liable for electrical or mechanical malfunctions on location that are beyond our control.

6.3    You acknowledge that you have familiarised yourself with our portfolio and are accepting our Goods and Services with knowledge of our style. You acknowledge that our work is constantly evolving and that our Goods and Services are of a unique and artistic nature. You acknowledge that the images may be different from images done by us in the past and that in creating the image, we shall use our own creative artistic judgment to create those consistent with personal judgment and consistent with our vision of the Event. This may be different from your vision of the Event. Accordingly, you acknowledge that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.

6.4    You acknowledge that images used to advertise this event were not images taken by Red Eclectic.

 

7.    Post-Production

7.1   To ensure a professional standard of photograph delivery, postproduction and subsequent delivery of photographs can take a minimum of eight (8) weeks to complete.

7.2   If you request further editing such as retouching to the footage provided by us, this may be done depending on the request. If the skills required to edit these is out of our skill range, a quote will be provided to engage a professional retoucher.

7.3   If relevant to your package, the time to produce any items such as frames/prints/albums will depend on the supplier that provides such products to us. We will endeavor to keep you updated on the progress of these products.

7.4   After your Booking Date, we will provide you with an Online Gallery. This Online Gallery will contain all images of a professional standard that ensures our professional integrity is upheld. It remains at our discretion as to which photos are deemed not usable.

7.5   Unedited files, digital negatives or RAW images are not available for viewing or purchase.

7.6   We will archive footage for 12 months after this time the images may be deleted. We cannot guarantee extra copies of images once the files have been handed to you. It is your responsibility to ensure you back up your files to a hard drive/internet storage in case you lose/damage your original copy of the files.

 

8.   Intellectual Property

8.1  We retain copyright ownership of the footage. Upon final payment by you, you are granted a worldwide, royalty free, non-exclusive, perpetual license on the following conditions:

8.1.1.  Final images are your property for personal use and for the purposes of the reproduction and distribution of photography to friends and relatives;

8.1.2.  You must obtain written permission from, and compensate us prior to an event where you, your friends or relatives publish or sell any footage by us for profit or attribution;

8.1.3.  You are unable to use any of the footage for commercial or editorial purposes or enter any images into competitions without our express written permission.

8.1.4.  Any uploading of footage to social media should be accompanied by a link to our website and/or Facebook business page or Instagram page.

8.2   You must not edit, change, add to, take from, crop, alter or otherwise amend the photographs without our prior consent. You must also ensure that when making the photographs publicly accessible on social media, that no filter or editing mechanism is used to alter the photos.

8.3   You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; and (ii) to alter the same without restriction. This includes supplying select images to Vendors who participated in the event.

8.4   If you share the images with any external Vendors who provided services at the Event, you must ensure they credit us as the Photographer when using the images. The same rules of Clause 8 (Intellectual Property) apply to the Vendors and these rules should be explained to them.

 

9.   Model Release

9.1   You acknowledge that it is your responsibility to obtain the necessary assignment of rights to us from those who are to be featured in photography to ensure that we can use and publish the photographs of those persons.

9.2   You must inform us in advance of any persons at the Booking that do not wish to, or cannot, be filmed, for whatever reason. These persons must be then identified on the Booking Date to us.

9.3    It is agreed that we may display and use the footage taken for advertising, display, website and internet promotion, photography contests, public display, and any other purpose thought proper by us.

 

10.    Photographic Limitations

10.1   You acknowledge that we are not responsible for the inability to take certain photographs or the reduction in quality of photographs taken because of factors such as; restrictions of the venue, time constraints, non-cooperation of clients or guests, guest flashes or guest photography, access restrictions, laws, environment, safety restrictions, weather, lighting conditions, lasers, time constraints, interference by guests, interference by other vendors or any member of the public, equipment limitations or skill limitations.

 

11.  Cooperation

The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. We are not responsible for key individuals’ failure to be present or to cooperate during photography sessions, nor for missed footage due to details not revealed to us. We recommend that you provide any specific information or requests in writing prior to the event.

 

12.   House Rules

We are limited by the rules, regulations, and guidelines of the ceremony official or venue management, if applicable. You agree to accept the technical results of their imposition on us. Negotiation with the officials for moderation of guidelines is your responsibility.

 

13.    Exclusivity/Guest Photography

13.1   It is understood that we will act as the sole and exclusive wedding photographer on the Booking Date. You acknowledge that flashes from guest cameras may ruin images taken by us.

13.2   It is your responsibility to ensure that guests are not interfering with our photographic efforts. No other guest or photographer using commercial equipment must not be allowed at any time during the Booking if its use is interfering with the quality of footage taken by us.

 

14.   Hours of Coverage

14.1   As per the Pop Up Wedding Event rules, your coverage time is the one (1) hour session you have booked with start and end times stated in the booking. Due to the nature of a Pop Up Wedding day, this time can not be extended.

14.2   It is the Clients' responsibility to arrive to their session on time to allow for the full hour coverage.

 

15.   Safety

15.1   You shall agree, while working with us, you will not undertake any illegal or dangerous activities that threaten our safety and well-being.

15.2   We reserve the right to refuse to operate equipment in locations or environments which may result in personal injury or damage to equipment.

15.3   Unless legislation provides otherwise, it is your responsibility to ensure you, and your other vendors, are following government health laws, directions and regulations, including those restrictions relating to gatherings and social distancing.

15.4  If these government health laws, directions and regulations are not strictly adhered to and we feel the personal safety of our employees and contractors are at risk, we reserve the right to exit the event and our duties and you will forfeit any fees paid.

 

16.  Subcontracting of Services

In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Goods and Services.

 

17.   Warranty, Liability, and Indemnity

17.1   To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.

17.2    Subject to clause 17.1, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services, howsoever caused save for the event we have contributed to such loss or damage or injury.

17.3    We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

17.4    To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:

a. Any act or omission by you;

b. Any breach of these terms; and

c.  Any third-party claim against us;

arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by our negligence.

 

18.  Force Majeure

18.1  We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).

18.2  If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.

18.3   In genuine force majeure circumstances, we will endeavor to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavors to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 5.

18.4   This clause does not apply in circumstances where an event outside of our control occurs, but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part the Services, any choice to cancel your event is done so at your own initiative and the usual cancellation clauses in these Terms apply.

18.5   If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, our postponement and cancellation policies apply.

 

19.  Entire Agreement

19.1  The terms and conditions contained in this Agreement constitute the entire agreement between us with respect to the Services and shall not be amended, except where mutually agreed in writing.

 

20.   Disputes

20.1   Both parties agree that any disputes arising from the provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.

 

21.   Termination

21.1   We may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to us if:

a.  we experience harmful or threatening behaviour;

b.  you fail to provide instructions or cooperate with requests for information;

c.  you breach a term of this Agreement and you do not remedy the breach within fourteen (14) days;

d.  any invoice rendered by us remains outstanding;

e.  you breach a term of this agreement which is not capable of remedy;

21.2   You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.

 

22.   Governing Law and Jurisdiction

22.1  Any Agreement between us is governed by the laws of the state of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Western Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Agreement.

 

23.  Severability

24.1   If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.

 

24. Miscellaneous

24.1  If any provision of this Agreement is unenforceable, the provision will be severed and the remaining provisions will continue to apply.

24.2  We may assign any rights or benefits under this Agreement to any third party.

24.3  You may only assign any rights or benefits under this Agreement with our prior written consent.

24.4  This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

 

25.  Execution by Parties

This agreement must be executed by each party named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.