Terms and Conditions

We are thrilled that you have chosen ODYSSEY Captured to be part of your special moments. Our mission is to provide you with exceptional photography and videography services that beautifully capture the essence of your memories. We genuinely appreciate your trust in us and look forward to creating stunning visual stories together. By booking our services, you acknowledge that you have read, understood, and agreed to the following terms and conditions.


1. ENGAGEMENT OF SERVICES

  • 1.1 Services Provided: ODYSSEY Captured offers a wide range of photography and videography services, including but not limited to weddings, portraits, events, and commercial shoots. We specialize in capturing moments in both photojournalistic and traditional styles, ensuring a blend of candid and posed images that reflect the unique story and emotions of each event.
  • 1.2 Consultation: To ensure we fully understand your preferences and timeline, a consultation will be conducted prior to the event. This consultation will cover all aspects of the shoot, including specific requests for photos and videos, important moments to be captured, and any other details that will help us tailor our services to your needs.
  • 1.3 Portfolio Review: By booking our services, you acknowledge that you have thoroughly reviewed ODYSSEY Captured's portfolio and are familiar with our unique artistic style. This includes our approach to capturing images and video, editing style, and overall aesthetic vision. You agree that the photography and videography delivered will be consistent with the style represented in our portfolio.


2. EXCLUSIVITY AND COLLABORATION

  • 2.1 Exclusivity: ODYSSEY Captured will be the exclusive provider of photography and videography services at the event, unless otherwise agreed upon in writing. Any breach of this exclusivity clause may result in the termination of services without a refund.
  • 2.2 Vendor Collaboration: If the Client wishes to engage other videographers, content creators, or any other media-related vendors, they must inform ODYSSEY Captured in advance. We reserve the right to assess, reject, or approve such collaborations to ensure they align with our professional standards and do not interfere with our work. The Client acknowledges that ODYSSEY Captured's primary responsibility is to deliver high-quality images and videos, and any additional vendors must not compromise this objective. Should the Client engage additional vendors without prior approval, ODYSSEY Captured reserves the right to terminate the agreement without refund.


3. FEES AND PAYMENT

  • 3.1 Fees: The total fee for services will be agreed upon at the time of booking, including applicable taxes.
  • 3.2 Deposit: A non-refundable deposit of 25% of the total fee is required upon booking for sessions over $1000. This deposit secures the date and time of your session.
  • 3.3 Final Payment: The remaining amount is due 7 days prior to the event date.
  • 3.4 Sessions Under $1000: For family sessions and other sessions under $1000, the full payment is preferred in cash immediately after the session.
  • 3.5 Payment Methods: If paying by credit card or other electronic means, a 3.9% transaction fee will be applied to cover processing costs.
  • 3.6 Cancellation and Refund Policy: The deposit is non-refundable. Cancellation must be provided in writing. ODYSSEY Captured reserves the right to cancel under certain circumstances, in which case a full refund excluding the deposit will be provided.


4. CLIENT RESPONSIBILITIES

  • 4.1 Acknowledgment of Terms: By confirming a booking with ODYSSEY Captured, the Client acknowledges that they have read, understood, and agreed to these terms and conditions. The Client's confirmation of a booking constitutes a binding acceptance of all the terms and conditions outlined herein. It is the Client's responsibility to ensure they are fully aware of these terms before making a booking. By proceeding with the booking, the Client waives any right to claim later that they were not aware of or did not understand the terms and conditions.
  • 4.2 Required Consents: The Client will ensure that all necessary consents have been obtained for the performance of photography and videography services. This includes permissions from venues, individuals being photographed or filmed, and any other relevant parties.
  • 4.3 Communication and Cooperation: The Client agrees to provide timely information and feedback, adhere to the agreed schedule, and inform us of any special requests or significant moments to be captured. The Client is responsible for coordinating with other service providers and guests to facilitate an unobstructed and productive photography and videography environment.
  • 4.4 Waiver: The Client waives all rights and claims, releasing ODYSSEY Captured from any claims related to the sale, display, license, use, and exploitation of images and videos.
  • 4.5 Copyright and Usage Rights: ODYSSEY Captured retains copyright to all images and videos. The Client is granted personal use rights. Vendors or commercial use requires written permission.
  • 4.6 Sneak Peek Gallery: A sneak peek gallery will be provided within 72 hours of the event. The Client must communicate any dissatisfaction within 7 days.
  • 4.7 Adequate Environments: The Client acknowledges that we do not use flash and will take all reasonable efforts to provide an efficient environment for the works to be completed, including ensuring proper lighting and space.
  • 4.8 Photoshop and Video Editing Additions: All requested Photoshop edits and additional video editing will be quoted individually and must be brought to our attention within 21 days of the delivered gallery.


5. PHOTOGRAPHER AND VIDEOGRAPHER RESPONSIBILITIES

  • 5.1 Equipment: The Client will not be required to supply any photography or videography equipment. ODYSSEY Captured will provide all necessary equipment for the services.
  • 5.2 Backup and Equipment Failure: We will take reasonable steps to prevent data loss. In the event of equipment failure, efforts will be made to continue coverage and ensure the delivery of the promised services.
  • 5.3 Manner of Service: Photography and videography services will be performed professionally, avoiding unreasonable interference with the Client’s activities and ensuring a smooth and enjoyable experience.
  • 5.4 Image and Video Editing, Delivery & Retention: A sneak peek gallery of photos will be delivered within 48 hours of the event. The full gallery of images and edited videos will be delivered within 6-12 weeks. We are not required to store galleries and videos beyond 12 weeks after the final delivery.
  • 5.5 Photographer and Videographer Break: The photographer and videographer are entitled to a 10-minute break every 2 hours of service to ensure they can perform their duties effectively throughout the event.
  • 5.6 Replacement: If ODYSSEY Captured is unable to perform the services due to unforeseen circumstances, a replacement photographer or videographer will be arranged with the Client's consent. If consent is not obtained, the agreement will be terminated, and the deposit and fees paid will be returned.


6. ARTISTIC RELEASE

  • 6.1 Consistency: ODYSSEY Captured will ensure that the photography and videography services are produced in a style consistent with our portfolio. This includes our approach to capturing images and video, as well as our editing style, to maintain the quality and artistic integrity that our clients expect.
  • 6.2 Style: The Client acknowledges that the services will be performed in a similar style to that demonstrated in our portfolio. While we will make every effort to accommodate specific requests, the final artistic judgment regarding the content, appearance, and composition of the images and videos rests with ODYSSEY Captured. Disagreement with our artistic judgment or interpretation is not a valid reason for termination of this agreement or for a refund.


7. OWNERSHIP OF WORK PRODUCED

  • 7.1 Ownership of Work: ODYSSEY Captured retains all rights, title, and interest to the work produced, including but not limited to all photographs, videos, and related media. The Client grants ODYSSEY Captured a license to use any materials created during the performance of services for marketing, advertising, or promotional purposes. This includes but is not limited to use in portfolios, websites, social media, and print advertising.
  • 7.2 Copyright and Usage Rights: ODYSSEY Captured retains the copyright to all images and videos produced. The Client is granted personal use rights, allowing them to print, share, and display the work for non-commercial purposes. Any commercial use of the images or videos, including but not limited to use by other vendors, requires the written permission of ODYSSEY Captured. The Client may not sell or license the work to any third parties without explicit written consent from ODYSSEY Captured.


8. LIMITED LICENSE TO CLIENT

  • 8.1 Personal Use: The Client is granted a limited, irrevocable, non-transferable, royalty-free license to use the work produced by ODYSSEY Captured for personal use. This includes sharing images on personal social media pages, creating personal albums or scrapbooks, and printing images for personal display. The Client agrees not to remove any attribution notices or copyright information included by ODYSSEY Captured and not to alter the images in any way.
  • 8.2 Restrictions on Use: The Client may not grant permission to other vendors, individuals, or entities to use the work produced by ODYSSEY Captured. This includes but is not limited to wedding planners, venues, florists, makeup artists, and other service providers who may wish to use the images for their own promotional purposes. Any requests for such use must be directed to ODYSSEY Captured for written approval.
  • 8.3 Prohibited Uses: The Client is prohibited from using the images or videos in any way that could harm the reputation or business interests of ODYSSEY Captured. This includes but is not limited to using the images in a defamatory manner or in any illegal activity.


9. INDEMNITY AND LIMITATION OF LIABILITY

  • 9.1 Indemnification: The Client agrees to indemnify, defend, and hold harmless ODYSSEY Captured and its affiliates, employees, agents, and independent contractors from any injury, property damage, liability, claim, or other cause of action arising out of or related to the Services and/or Work Product provided by ODYSSEY Captured.
  • 9.2 Force Majeure: Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Deposit) shall be returned within 15 days of the date of termination of the Agreement.
  • 9.3 Failure to Deliver: ODYSSEY Captured shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of ODYSSEY Captured (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees at the Wedding that are beyond the control of ODYSSEY Captured (e.g., camera flashes, other vendors, guests, weather etc.).
  • 9.4 Maximum Liability: Notwithstanding anything to the contrary, the Client agrees that ODYSSEY Captured’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.


10. GENERAL

  • 10.1 Notice: Effective notice can be provided via email to hola@odysseycaptured.com.au for ODYSSEY Captured or to the Client's email address provided during the booking process. Notices will be deemed received on the date sent if sent during business hours, otherwise on the next business day.
  • 10.2 Survival: The provisions of Articles 7 (Ownership of Work Produced), 8 (Limited License to Client), 9 (Indemnity and Limitation of Liability), and 10 (General) will survive the termination or expiration of this agreement.
  • 10.3 Governing Law: This agreement will be governed by and construed in accordance with the laws of the Australian State/Federal Law applicable therein, without regard to its conflict of laws principles.
  • 10.4 Amendment: This agreement may only be amended or modified by a written agreement signed by both parties. Any amendments must clearly state that they are amendments to this agreement.
  • 10.5 Entire Agreement: This agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
  • 10.6 Severability: If any provision of this agreement is found to be illegal, invalid, or unenforceable by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this agreement, and the remaining parts of such provision and all other provisions will continue in full force and effect.