Hawthorne Creative Terms & Conditions

TERMS AND CONDITIONS

In these Terms and Conditions, the term “Photographer/Videographer” refers to Hawthorne Creative. The term “Client(s)” refers to those persons defined as the Bride, Groom, or the contract signatory on the booking form. The term “Product/Service/Work” refers collectively to the attendance, filming, and provision of an edited video. These Terms and Conditions may not be varied in any way unless expressly agreed in writing by Hawthorne Creative.

1. RIGHTS

The Client(s) grants Hawthorne Creative the right to display any photographs, video, sound, or images covered by this contract for promotional or demonstration purposes, including but not limited to advertising, website, social media, and printed media.

2. OWNERSHIP

All original recordings, photographs, and edited computer files remain the sole property of Hawthorne Creative. Original raw footage and unedited material are not intended for client viewing and are not part of the supplied package. All raw photos and/or footage will be archived for a period of 12 months, after which availability cannot be guaranteed. Clients are responsible for downloading their final product before the 12-month archive period expires. Finished materials are provided via online galleries only; USB drives are no longer supplied.

3. LICENSE

All intellectual property rights in the material produced by Hawthorne Creative belong to Hawthorne Creative. Clients are entitled to use the material solely for personal use, subject to full payment under this contract. The use of copyrighted music in videos is restricted to private viewing only. The provided licenses do not permit public performances or online distribution.

4. COVERAGE AND REPRODUCTIONS

All photos and videos will be taken at the discretion of the Photographer/Videographer, though every effort will be made to meet client requirements. Video highlight durations are limited to those specified in each package. Additional clips (e.g., full first dance) incur a $200 charge per clip. Drone footage may vary depending on weather, venue, or time constraints. In the event of drone malfunction, alternate footage will be sourced. Hawthorne Creative is not responsible for drone failure or inoperability.

5. ON THE WEDDING DAY

Only Hawthorne Creative personnel are authorised to photograph or film the event. While every effort will be made to capture specified shots, Hawthorne Creative is not liable for missed shots due to guest non-compliance, timing, or unforeseen circumstances. Raw or unedited photos will not be provided under any circumstances. Guests using DSLR cameras may be asked to refrain from photographing during official coverage.

6. FORCE MAJEURE

In the event of illness, injury, or unforeseen circumstances preventing attendance, Hawthorne Creative will endeavour to find a suitable replacement. In cases of equipment failure or theft, liability is limited to available recorded material or refund of monies. Hawthorne Creative reserves the right to cease work if safety, mistreatment, or abusive behaviour arises. No refunds apply in such cases. If services are ceased or terminated due to harassment, inappropriate conduct, or any unsafe behaviour directed toward Hawthorne Creative staff by guests, bridal party members, or any associated persons, the Client acknowledges that no refund, partial or otherwise, shall be issued. In such cases, Hawthorne Creative shall not be liable for any resulting loss of coverage, incomplete work, or delays arising from the termination.

7. CANCELLATION

Deposits are non-refundable unless cancellation is made by Hawthorne Creative. If cancellation is made by the Client, any amounts paid other than booking fees will be refunded. Cancellations within one month of the wedding may incur a loss-of-earnings fee. For EziPay clients, 50% of the total package price is non-refundable. Package downgrades result in store credit only.

8. LIABILITY AND REFUND

Client payments cover labour and presentation media. Dissatisfaction with artistic content is subjective and does not constitute grounds for refund or compensation.

9. DEFAMATION

Any negative or defamatory statements made about Hawthorne Creative or its employees, products, or services that are not substantiated as breaches of these terms may be pursued legally as defamation.

10. ACCIDENT AND DAMAGE

Hawthorne Creative accepts no responsibility for personal injury, accidents, or damages occurring during a shoot. Clients are encouraged to obtain their own insurance coverage. Guests must not handle Hawthorne Creative equipment; damage caused may incur charges.

11. ALTERATIONS AND CORRECTIONS

Video: One round of corrections (e.g., spelling errors or minor adjustments) is included within 14 days of delivery. Further revisions are considered new work and may incur charges. Photo: All images are professionally edited for tone, exposure, and colour. Retouching beyond minor blemish removal is not included.

12. STYLE AND COLOUR

By booking Hawthorne Creative, the Client acknowledges familiarity with and acceptance of our photographic and videographic style, described as classic and candid. Editing style will not be altered post-production.

13. LIVE STREAMING

Hawthorne Creative is not responsible for poor internet connectivity during live streaming. Packages include ceremony streaming only unless otherwise agreed for full-day coverage at additional cost.

14. TEAM ALLOCATION

While every effort is made to provide the maximum number of operators, team size is subject to availability. Sufficient staff will always be assigned to complete the required work.

15. PHOTOBOOTH

Hawthorne Creative is not responsible for photobooth malfunction due to battery failure or guest misuse. No refunds will be issued for photobooth unavailability. Rough treatment may result in early removal.

16. COVID-19 CANCELLATION POLICY

If a wedding is cancelled due to COVID-19 restrictions, Hawthorne Creative will make all reasonable efforts to reschedule. If a new date cannot be agreed upon, a full refund will be provided.

17. BREAKS AND MEALS

Team members are entitled to breaks as follows: 20 minutes for 5-hour shoots, 30 minutes for 6-hour shoots, and 45 minutes for 10-hour shoots. Clients must provide adequate food, drinks, and shade. Failure to provide vendor meals incurs a $300 fee.

18. COMPLETION OF PROJECTS

Photo projects require a minimum of 12 weeks for completion. Video projects typically take 4–6 months. During peak season (August–November), turnaround times may extend. Raw footage or unedited files are not provided.

19. ZERO BOOKING FEE

Clients using the zero booking fee option must commit to direct debit payments through EziPay. Payments are non-refundable, and the balance must be paid in full seven days prior to the wedding date.

20. CEREMONY AND SPEECHES – STATIC AND RAW EDIT DEFINITION

Ceremony and speech recordings are captured from a single camera angle with colour grading and audio. They do not include multiple angles or extensive editing. The highlight video includes more complex editing and varied shots.

21. DOCUMENTARY EDIT DEFINITION

A Documentary Edit is defined as a compilation of footage captured throughout the wedding day in chronological or near-chronological order. This footage is minimally edited and includes a minor colour grade only. Audio may not be included, except where incidentally captured and deemed necessary. The Documentary Edit excludes extended or repetitive footage such as guests milling around, eating, or otherwise engaging in informal or non-feature activities. The purpose of the Documentary Edit is to provide a continuous visual record of key moments from the day, not a fully produced or stylised video.

22. CONDUCT TOWARDS HAWTHORNE CREATIVE TEAM MEMBERS

All Hawthorne Creative team members must be treated with respect and professionalism at all times. Under no circumstances may any guest, member of the bridal party, or other individual physically touch, poke, push, barge, or otherwise make unwanted contact with any Hawthorne Creative staff member without explicit consent. Any such behaviour will be deemed a breach of contract and may result in immediate cessation of services without refund. Hawthorne Creative reserves the right to remove its team from the premises if the safety, comfort, or dignity of any staff member is compromised in any way.

23. UNAUTHORISED RECORDING AND SURVEILLANCE

The Client warrants that no Hawthorne Creative team member shall be knowingly or unknowingly recorded by any audio, video, or surveillance device, including but not limited to security cameras, hidden cameras, or similar equipment, in any area where there is a reasonable expectation of privacy. This includes, without limitation, bathrooms, toilets, dressing rooms, and private preparation areas.

Any such recording constitutes a breach of privacy and may contravene applicable state and federal laws, including relevant Surveillance Devices Acts and privacy legislation. Hawthorne Creative reserves the right to immediately cease services and vacate the premises if unauthorised recording is discovered or reasonably suspected. In such cases, no refund, partial or otherwise, shall be issued, and the Client may be held liable for any resulting losses, damages, or legal costs.

The Client is responsible for ensuring that any installed security or monitoring systems comply with privacy and surveillance laws and that Hawthorne Creative staff are notified of any active cameras within the premises prior to commencement of work.

24. REASONABLE BREAKS AND TEAM WELFARE

In addition to scheduled meal breaks, Hawthorne Creative team members are entitled to take short, reasonable breaks as required throughout the day to attend to basic personal needs, including but not limited to using the bathroom, hydrating, checking or maintaining equipment, or brief rest periods between activities. These short breaks will be taken at appropriate times so as not to interfere with the flow of the event or coverage of key moments.

The Client acknowledges that continuous filming or photography without any reasonable breaks is neither practical nor conducive to maintaining professional standards or equipment integrity. Hawthorne Creative will not be held liable for any missed footage or photographs that may occur during such reasonable breaks.

25. INSPIRATION IMAGES AND CLIENT EXPECTATIONS

The Client may provide Hawthorne Creative with inspiration material, such as Pinterest boards, sample galleries, or reference images, for the purpose of communicating style preferences. These materials are accepted as creative references only and not as a binding shot list or guarantee that specific images, poses, compositions, or lighting conditions will be replicated.

Hawthorne Creative will make reasonable efforts to capture imagery consistent with the Client’s preferred aesthetic; however, all photographs and video content are ultimately created at the discretion of the Photographer/Videographer based on professional judgment, venue conditions, lighting, weather, time constraints, and the cooperation of subjects and guests.

The Client acknowledges that facial expressions, body positioning, posing, and other aesthetic factors are subjective and that the Photographer/Videographer is not responsible for dissatisfaction arising from natural expressions, body language, or client appearance. While direction and posing guidance will be provided as appropriate, the final creative decisions remain at the sole discretion of Hawthorne Creative.