In the following terms & conditions, the “Photographer” refers to Ephraim Koay & his associates. A “Client” refers to those who have engaged and paid Ephraim Koay for his services. These terms & conditions cannot be varied in any way unless such conditions are specifically approved by Ephraim Koay. By making any payment to the Photographer, including a deposit, the Client agrees to these terms and conditions.

1. Deposits, Payments, and Refunds

The Client must pay a deposit fee of 20% (as stated in the provided invoice) in order for the Photographer to carry out their services. If the Client fails to pay the deposit within two weeks of receiving the invoice, the booking may be cancelled. Furthermore, if the remaining balance is not paid by the due date, the booking may be cancelled and the Client forfeits the paid deposit. The Client will be responsible for any bank charges or transaction fees incurred by payment to the Photographer. The deposit is non-refundable, unless the Photographer cancels the agreement, or the Photographer cannot complete their agreed duties (see clause number 5).

The Photographer has the right to withhold delivery of any images or video until the Client has paid in full.

2. Photographic Materials and Copyright

All photographic material, such as raw photos and videos, as well as edited photos and video, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.

3. Client’s Usage

The Client may distribute images or videos taken by the Photographer for non-commercial, personal use. If the Client wishes to use the Photographer’s images or videos commercially, the Client must seek authorization from the Photographer. In such an event, the Client may request that a copyright and credit notice for the Photographer be placed adjacent to the content on publication, but the Photographer is not liable if the publication refuses to do so.

4. Social Media

If the Photographer’s work is to be published online or on print, it is required that citation of the Photographer be made. The Client also agrees that they will, under no circumstances, heavily* alter any work made by the Photographer if it is to be uploaded on the internet. The Client also agrees to be responsible for any family member or friend who posts the Photographer’s work online.

*The specifications of “heavily” are hard to define. Simply put, don't post any of my work and claim that it's mine when you've done your own editing on it.

5. Failure to Perform

If the Photographer is unable to attend a booked session or perform a task due to the following:

• illness
• disruptive weather
• transport vehicle breakdown
• equipment failure
• emergencies

or any other cause beyond the control of the parties, the Photographer shall refund any fees previously paid by the Client but shall have no further liability with respect to the agreement.

In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the what was initially agreed.

6. Files

Once the Photographer has delivered the final images to the Client, the Photographer will keep a backup of these files for 6 months after the delivery date. Once the Photographer has delivered the final video to the Client, the Photographer will keep a backup of these files for 2 weeks to make any final editing changes to the video.After the listed periods, the Photographer may be able to recover your files, but at a fee of $50.

7. Liability

During a shoot, the Client is responsible for themselves, and their own children. The Photographer will not accept any responsibility due to any accidents to children or damage to public or private properties. This also includes any other personnel from the Client who may cause accidents.

8. Exclusivity

The Client may hire a videographer in addition to the Photographer, but not another photographer,
and vice versa.

If the Client requires for more personnel covering the same task, additional personnel may be organized through the Photographer at an additional cost.Any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer, and loss of initial deposit funds paid by the Client.

9. Acceptance of Final Product

The Client must accept that all photographs / video will be taken and edited at the Photographer’s discretion based on the Photographer’s experience and artistic view, and that the product was delivered with the Client’s best interests in mind.

If the Client is not satisfied with the final product, consultation with the Photographer may be requested.

10. Breaks

The Photographer will be allowed one 20 minute break at their own discretion, and bathroom breaks when necessary. If the booked session lasts longer than 6 hours, the Client must provide the Photographer a full guest meal.If no meal is provided, the Photographer reserves the right to go off-site for a 45 minute meal break.

11. Informing

It is the Client’s responsibility to inform the Photographer of any changes relating to their job (including but not limited to: wedding dates, baby delivery dates, important events on a wedding day, etc). The Client may use any form of communication previously used with the Photographer, but messages via email is recommended.

The Photographer is not liable for any claims from messages made by the Client that were not agreed to.

12. Unrealistic Expectations

The Photographer is not responsible for obstructed content due to behaviour from variables outside of their control (such as obstructive guests, vendors, etc). Furthermore, it is unrealistic to assume that the Photographer can capture every single moment on a wedding day, event, etc. It is the Client’s responsibility to let the Photographer directly know of any important shots that they must capture: otherwise, the Photographer is not liable for any shots missed.

Last edited: 28/08/2024