Service Agreement
This agreement is between all clients, hereinafter referred to as the "Clients", and Skai Chan, hereinafter referred to as the "Photographer". These service agreements are subject to change at any time without prior notice.
Entire Agreement: This agreement contains the entire understanding between the Clients and the Photographer.
Complete Trust: By engaging the Photographer, the Clients trust the Photographer completely, including his professionalism, character, photography skill and decision.
Service Agreement
Booking & Payment
Pre-event Consultation
This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer will advise on planning, logistics and timings where needed.
Under-declaration of Requirements
The Photographer reserves the right to reject the additional requirements or revise the quotation at any time if the Clients have failed to provide important details, such as the exact location, start and end time for the Photographer to be present, or for special requests such as express delivery or privacy of photographs. In the situation where the additional requirements cannot be fulfilled for whatever reason the shoot will continue without the additional requirements.
Confirmation
A payment of the booking fee (deposit) is necessary to confirm the photography services from the Photographer. Quotation and availability are subject to changes before the booking fee is given to the Photographer. In the event of the Clients cancelling the shoot for whatever reason the booking fee is non-refundable. It will be considered as liquidated damages to the Photographer.
Payment of Booking Fee
If the Clients fail to pay the booking fee within 24 hours after the Photographer has given the payment details, the Clients hold the responsibility to double confirm the availability of the Photographer on the agreed date in case another client has already booked the Photographer. In the situation where the Clients pay the booking fee after another client has already booked the Photographer, the Clients are subject to pay an administration fee of $20 to the Photographer, which will be deducted from the booking fee that is to be refunded to the Clients.
Full Payment
The full payment, less the booking fee, is to be given to the Photographer at the commencement of the day of the shoot. It can be in cash, PayLah, PayNow or cheque.
Mode of Payment
The payment of the booking fee is via PayLah, PayNow or bank transfer to the Photographer's bank account. For PayPal transactions, there will be a 6% surcharge. The final payment can be made via cash apart from the listed modes.
Booking Duration Consideration
The Clients acknowledge and agree that booking a longer duration for photography sessions is advisable. This extended timeframe includes an additional 15 to 30 minutes before the scheduled start of the shoot. This provision is intended to accommodate any unforeseen issues and enhance the overall quality of the photography session.
For portrait sessions, the Clients understand the necessity of allocating time for the Photographer to deliver a comprehensive briefing. This briefing is crucial for establishing a shared understanding of the creative vision and ensuring a successful collaboration between the Clients and the Photographer.
In the case of events, the Clients are encouraged to extend the booking duration to cover various elements. This includes but is not limited to capturing the scenery, interior details, culinary highlights, detailed shots of items, behind-the-scenes moments during set-up and the arrival of guests. This extended coverage contributes to a cohesive storytelling approach, providing comprehensive documentation of the event's essence and flow.
Actual Booking Duration
Booking duration includes the setting up and dismantling of equipment, such as the strobe(s) and light modifiers where necessary. The booked duration will begin at the stated time and include both breaks and travelling time.Copyright Skai Chan Photography
Although the Photographer will always try to turn up at the venue earlier to get settled down, he is not subjected to begin shooting earlier. If the Clients request the Photographer to start shooting earlier, the duration will be counted into the booked time.
Extension of Shoot
Extension of the shoot is subject to the Photographer's availability and energy. The Clients are advised to give advance notice to the Photographer for any possibility of an extension of the shoot.
Additional Booking Time Clause
Any extra time required beyond the initially booked duration will incur charges in block-30 minutes or block-hour increments, depending on the packages. For instance, if the Clients need an additional 15 minutes, they will be invoiced for a full hour's photography price under the block-hour booking system.
Production/ Shooting Day
Hair and Makeup
The Clients, subjects and guests are advised to put on their best makeup to turn up for any shoot if they may appear inside the photographs, preferably by engaging trusted makeup artists and hairstylists that the Photographer has worked with before.
Bad Weather
In the situation of bad weather for an outdoor shoot, the Clients will suggest an alternate location for the shoot. The booked (starting and ending) time for the Photographer remains the same.
Meal
The Photographer will need to eat to replenish his energy and stay in tip-top condition. The Clients agree to provide a meal for the Photographer if the length of attendance exceeds four hours. In the situation where a buffet is catered, the Clients agree to provide a share for the Photographer. The Photographer may also take a bite or break amid any shoot.
Transportation
In cases where there is more than one venue for the event, transportation will be provided by the Clients. The Clients should hire a driver and car to make sure there is no delay.
Cooperation
The Clients and the Photographer consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract.
If required, we recommend that the Photographer be provided with a helper who will point out key individuals to be photographed. The Photographer may also require the assistance of the person in organising group shots. The Clients also agree to give the Photographer sufficient warning of key events to give the Photographer time to prepare e.g. Bouquet throwing, cake cutting, award presentation, speeches etc. Please note that not all guests like having their photographs taken. In such cases, the Photographer will use his discretion but cannot be held responsible for a lack of photographs of these people.
The Pace of Shoots
Slow. The Photographer adopts a deliberate and unhurried shooting pace, recognised for its contribution to crafting superior and natural-looking photos. As a standard practice, all photography packages automatically encompass sessions conducted at this intentionally measured pace, ensuring the creation of exceptional images.
Quality over Quantity
The Clients agree that the quality of photographs is more important than the number of photographs and do not rush the Photographer during the shoot.
Flash (High-End) Photography Clause
For high-end packages incorporating flash photography, the Photographer will set up strobes (lighting) and light modifiers. This process demands a considerable amount of time. The Clients are kindly advised to acknowledge that any alterations in the shoot location or changes in sunlight conditions may necessitate testing for exposure. This testing encompasses both available light and the power adjustment of strobes, a meticulous procedure that requires time.
In instances where external factors, such as time constraints or venue restrictions, hinder the use of flash, the Photographer will seamlessly transition to available light photography to ensure the delivery of high-quality imagery.
Natural Light Photography Clarification
Within the photography packages, the term "natural light photography" is employed for the benefit of non-professional photographers. However, it is essential to elucidate that the intended term is "available light photography". This encompasses ambient lighting, including both natural sources like sunlight and artificial sources such as lamps, including readily available ceiling lights.
In cases where the available light exhibits poor quality or insufficient quantity, the Photographer reserves the right to enhance the lighting conditions. This may involve mounting a speedlite on top of the camera to ensure optimal image quality and capture the essence of the moment.
The Schedule
The Photographer's shooting schedule, style of working and experience are designed to achieve a great set of photographs for the Clients, accomplished with good humour and enjoyed by all concerned. Both the Clients and the Photographer, therefore, agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the shoot does not run on time (for example, extreme lateness by one of the Clients arriving at the location) the Photographer cannot guarantee to take his normal set of photographs although in such circumstances he will do his absolute best to compensate.
Paparazzi Guests
All the guests will have digital cameras and all the guests will want to photograph the Clients or subject(s). In the spirit of cheerful cooperation, the Clients agree to give the Photographer precedence over the guests to take the photographs required for the photography services requested. The Photographer cannot be held liable for a lack of photographs if guests taking their own photographs of the Clients or subject(s) continually interrupt the Photographer's work.
House Rules
Note the Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example, some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances, the Clients agree to accept the technical limitations that may be imposed on the equipment used. The Clients are advised to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Refusal to Shoot
The Photographer reserves the right to not take any photograph that he deems inappropriate, unflattering or may cause any harm to his equipment or himself physically or mentally.
Post-production/ Photo Editing
Good Photographs
Good photographs refer to the useable photographs as deemed by the Photographer. These exclude photographs that the Photographer thinks are not sharp, have unflattering looks and expressions of adult human beings, are poor in composition or are similar (duplicates).
Photo Selection Process
In packages wherein the Clients participate in the selection of final photographs, the Photographer will initiate the process by undertaking a preliminary filtering of the images. This initial curation serves the purpose of eliminating evidently suboptimal shots, thereby refining the selection pool.
Following this, the Photographer will compile the chosen images into a PDF file, presenting them in a low-resolution format. Clients will communicate their selections by specifying the corresponding photo numbers.
The clients acknowledge that, at this stage, the unedited photos do not accurately represent the Photographer's final work. These images are to be treated with the utmost confidentiality and are strictly intended for review purposes exclusively between the Clients and the Photographer. The Clients further affirm their commitment to abstain from utilising the unedited photos in any manner. This understanding is imperative in preserving the integrity of the photographic process and honouring the artistic vision of the Photographer.
Basic Editing
If unspecified, all photographs will be subjected to up to basic editing. Basic editing refers to editing the (1) exposure, (2) colour and (3) cropping to the taste and style of the Photographer. The Clients trust the Photographer's style and have no right to reject or demand amendments to the given photographs.
Quality of Photographs
Under certain circumstances, the quality of photographs may be affected. These include shooting under the harsh sun, outdoors during night time, indoors with dim light and no low white ceiling, when the subjects are moving fast and other unforeseeable situations. The Clients are advised to share all information with the Photographer before the shoot for better preparation. Copyright Skai Chan PhotographyThe Photographer needs time to set up his lighting equipment, test lighting and dismantle the equipment; in situations where the Clients directly or indirectly pressurise the Photographer to speed up to have more photographs taken, the Photographer may not use his lighting equipment. The colour tone and brightness of photographs may differ on different screens and the Photographer uses his screen to determine the most appropriate settings for the photographs to fit the mood he wants to present.
Shooting & Editing Style
Every photographer has his/her performance style of shoot and editing, including the colour tone and level of exposure for each photo. The Clients trust the Photographer's style and do not expect the Photographer to follow another photographer's style.
No Re-Editing
The quality of photographs is subject to individuals' views. By engaging the Photographer, the Clients trust the Photographer will do his best to produce the best quality photographs to his ability in each situation and thus the Clients will gladly accept the final photographs.
Quantity of Photographs
The Photographer makes no promise of any number of photographs that will be produced during the shoot; the Clients trust the Photographer will do his best to capture as many moments as possible at his own pace, without pressuring the Photographer. The number of photographs for events may be subject to the activities planned; for portraits, it depends a lot on how well the Clients and subjects can cooperate and communicate. The Clients do not expect the Photographer to be holding his gears up all the time during the shoot.
Delivery of Photographs
Limitation on Raw/Unedited Files
No raw, unedited or "original" photographs, including camera RAW files, will be provided as part of the deliverables.
File Format and Distribution
The Photographer will furnish the Clients with digital copies of the selected images in JPG format, and no physical prints will be included as part of the deliverables.
Size of Photographs
All final photographs will be given in dimension of a maximum of 2048 pixels at its longest side with 300 DPI unless otherwise, stated before the confirmation of the shoot. The Photographer, based on his own decision, may give photographs in other resolutions.
Timeframe of Delivery of Photographs
Final photographs will be given to the Clients around one month after the end of the shoot or collection of full payment by the Photographer, whichever is later. The Clients trust and understand that the Photographer will return the final photographs as soon as possible, without affecting the quality of his work, so that he can move on to take up more projects. The Clients must not directly or indirectly pressurise the Photographer to return the photographs earlier.
Express/Expedited Delivery of Photographs
The Photographer does provide express services by giving higher priority to the Clients' photographs if the Clients require an earlier delivery of photographs and the availability of which is subject to the schedule of the Photographer. The charges for the express services will depend on the duration of the actual shoot and the timeframe of the post-production work requested. Any such request, even for just one or two photographs, has to be made before the confirmation of the shoot.
Delivery Method of Photographs
Delivery will be done online for the ease of everyone and no CD or thumb drive will be given, partly for an environmental issue. The finished photographs will be uploaded to the Photographer's web server, after which, the link(s) will be given to the Clients to download the file(s). The file(s) will be removed from the web server one day after the Clients have acknowledged receipt or three days after the Clients are informed of the link(s), whichever is earlier.
The Clients are advised to use a personal computer (not mobile phone) and Wi-Fi (not mobile network) to download the file(s) as they may be large and also may need to be unzipped.
Redelivery of Photographs
The Photographer bears no responsibility for keeping a copy of the photographs. If the Clients require the Photographer to deliver the photographs again, an administration fee will be charged, subject to the availability of the Photographer and photographs.
Copyright and Liability
The Clients' Editing of Photographs
Any editing, including adding filters and cropping, of the photographs, is not allowed without prior written permission from the Photographer.
Copyright Law
The copyright of the photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the photographs under the conditions that the photographs taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
Model Release
The Clients grant the Photographer and its legal representatives, heirs, and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the photographs. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the photographs.
Removal of Photographs
The Photographer spends effort to publish the photographs online, including his portfolio and social media accounts. Therefore, if the Clients have a change of mind and wish to restrict the Photographer's usage of the photographs, the Clients have to pay the privacy fee and also compensate the Photographer for his effort. The Photographer's efforts include copywriting for the caption, creating the webpages and posts on social media, interlinking of the pages, and the removal of the webpages and posts, and amendments of other webpages and posts that are affected by the removal. The Photographer will quote them using his rates, which may not be the industry's standard.
Limit of Liability
The Clients may request the Photographer for recommendations, such as the location. The Photographer may, out of goodwill, give suggestions with the help of his experience or research. The Photographer is not liable if the suggestions do not work out, for example, the location is not available.
If the Photographer is too ill or becomes injured and cannot supply the photography services specified above, the Photographer will try to book a replacement photographer. In the situation where there is a second photographer, this photographer will then shoot the day on his/her own. If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payment received.
The Photographers have working methods in place to prevent loss or damage to your photographs. However, there is the unlikely possibility that photographs may be lost, stolen or destroyed for reasons in or beyond the Photographer's control. In these circumstances, liability is limited to the return of fees paid for the service or part thereof according to the percentage of photographs supplied.
Privacy Policy
Please view the privacy policy page for full details.
Please make sure you have understood the contents of this contract and agree to the terms therein.
As much as some photographers do admire my photography and writing, some have chosen to plagiarise even my unique service agreement. If you happen to spot any such photographer, do let me know.
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