TERMS AND CONDITIONS

Please read this legal agreement before using our services.

By commissioning Floragraphica you agree to the following terms and conditions.

Note: Floragraphica is the business name of the artist, Elise Catterall and all terms refer to both the business operations and the artist. The name ‘Floragraphica’ and the term ‘the Artist’ are used interchangeably.

PROJECT INFORMATION

Artwork will be created based on photography of the supplied floral arrangement. All artwork will be created using a combination of digital photography and processing with Adobe Photoshop. The final artwork will be output as a fine art giclée print on archival quality 300+gsm 100% cotton rag paper at the agreed size dimensions. Framing can be arranged at an additional cost as per client specifications (based on frame material, size and choice of border).

After photography and editing, the client will be presented with a proof set consisting of approximately 8 images. The client will choose the image to be committed to print from this selection, along with the required size/dimensions.

The artist shall commence work upon the date of receiving the flowers (ideally the day after the wedding/event) and shall complete work, including all phases under this agreement within 10 weeks of the commencement date, if not before. Such time for completion may be extended by the joint agreement of the client and the artist.

FLOWER QUALITY

If there is any client-related delay in Floragraphica receiving the flowers, the artist will not be held liable for the condition the flowers are in when photographed. Further, if the flowers have perished in anyway, resulting in fewer quality images captured, the artist will not be held liable. The artist will do the best they can with the flowers they receive.

PROJECT PRICE AND PAYMENT TERMS

The project price is based upon an agreed price for the entire project and will depend on the size of the completed artwork and any framing requirements.

Payment schedule is as follows:

Instalment/Payment 1 - on booking - $249

Instalment/Payment 2 - around 3-4 weeks after collection, for access to password protected proof gallery - $249

Instalment Payment 3) - prior to delivery/collection of artwork- balance remaining, depending on size.

Invoices will be raised for payment at each stage. Otherwise, payments can be made by direct debit to:

National Australia Bank

Account name: Elise Catterall

BSB: 082 080

Account number: 77 247 2876

A receipt will be issued on confirmation of deposited funds.

REVISIONS

Certain revisions (e.g. choice of image from proofs or relating to dimension/crop or orientation) are allowed prior to the image being committed to print. Once the image is committed to print, no changes can be made.

OWNERSHIP OF ARTWORK/FILES

Until final and full payment has been made, Floragraphica retains ownership of all original artwork, whether preliminary or final. Upon final and full payment, the client shall obtain ownership, to use as they see fit, of the selected final artwork(s). Floragraphica retains the right to use representations of the completed primary artwork(s) and any preliminary versions for competitions, educational purposes, marketing materials and/or portfolio. In this instance, and where applicable, the client will be given any necessary credit for usage of the project elements. All digital negatives (original file) remain the property of Floragraphica. To ensure the exclusivity of any client selected artworks, Floragraphica will not reproduce any client selected artworks, at size (A3 or above) except for the client’s project or subsequent reprints, or with the client’s permission. This ensures all client selected artwork is truly unique.

Any other images from the proofs or project - other than the printed artwork/s - remain the property of Floragraphica and may be used at the discretion of the artist, including (but not limited to) commercial, retail or collaborative use. If any additional artworks are selected at a later time, Floragraphica will not reproduce that work greater than A3 in size, or without client permission.

Under no circumstances are the proof photographs (or the completed artwork) to be copied, reproduced, resold or published in any media without permission, including providing them for download over the internet. Should you share images of your artwork on social media, please credit Floragraphica as appropriate.

DISTRIBUTION TO OTHER INVESTED PARTIES

The artist may provide digital imagery and/or a single printed image from the proof gallery to other invested parties, for example (and most commonly) the client’s florist for use in their portfolio. Approval will be sought from the client prior to doing so. Distribution to other invested parties will take place only after the client has received finished work.

PRODUCTION SCHEDULE/DELIVERY OF PROJECT

The artwork fee includes collection of the floral arrangement and delivery of the final artwork within the Sydney metro area. Outside of the Sydney metro area, collection can be arranged by courier with fees payable by the client. A price estimate will be provided for approval.

An approximate production schedule is as follows:

We take receipt of the flowers as soon as possible after the wedding
After receiving the flowers, depending on their condition, they are photographed for 3-5 days
The images are edited over the next two weeks
At approximately the 3-4 week mark, a proof gallery is ready for viewing
Once the image to be printed is chosen and a size confirmed, it is sent to be printed, which can take up to 10 days
If framing is being arranged, this step can add on another 10 days
As soon as the artworks (framed or unframed) are completed, delivery will be arranged at the earliest possible opportunity

The artist shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the artist. If such event(s) occur, the artist shall notify the client of such delay where possible, and the artist will be entitled to extend the completion/delivery date, by the time equivalent to the period of such delay.

Outside of the Sydney metro area, delivery can be arranged and a price estimate will be provided for approval before delivery.

PROOFS AND SELECTION OF FINAL IMAGE

The artistic execution of the photography and post production and the determination of images delivered to you as proofs are at the discretion of Floragraphica. The provided images shall be of a style and quality generally similar to photographs visible on the Floragraphica website, subject to the condition of the flowers upon receipt by the artist.

It is agreed that it is the client’s responsibility to ensure that they are satisfied with the final image selection prior to the artwork going to print. It is agreed that the artist is not responsible or held liable for any change in mind regarding the final artwork after it has been committed to print.

CANCELLATION

In the event of cancellation of the project by the client, or in the event of default of progress payments, ownership of all copyrights and the original artwork shall be retained by Floragraphica, and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.

Orders cancelled prior to the collection date – booking fee is retained but no further penalty

Orders cancelled between collection date and delivery of proofs will incur the loss of the deposit ($249)

After an image has been selected from the proofs, the order cannot be cancelled and full payment is required.

Due to the personalised nature of the artworks, all sales are final and cannot be returned.

CONFIDENTIALITY

All verbal and written agreements, and all correspondence and documentation provided will be treated as confidential between the client and the artist, unless consent has been granted by both parties involved. We will not share your details with a third party without consent and we will also only reference you on social media with your consent.

WARRANTY

The artist warrants that the completed artwork will be fit and suitable for use in the manner for which it is to be created, but this warranty is conditioned upon the client’s compliance with provisions relating to the installation and maintenance, including due care in handling, framing and hanging.

PROMOTIONS

Promotional discounts are non-cumulative, e.g., the 10% mailing list discount will not be added to an expo special. If the client participates in more than one promotional activity, Floragraphica will apply the greatest single discount to the order. Discounts will be applied to the total fee, and reflected in the third and final payment (completion fee).

Any promotional discounts will be issued and honoured at the sole discretion of Floragraphica.

CLAIMS PERIOD

It is the client’s responsibility the check to the artwork carefully for any damage that might have been caused during transport and lodge any claims to Floragraphica or with the transport company if delivered by a 3rd party immediately. Failure to lodge a claim within the five (5) days shall constitute irrevocable acceptance of the product as received.

DISCLAIMER

Flowers are natural products and are perishable. For this reason and as we deconstruct the bouquet as part of the photographic process, we do not return the bouquet or elements of it. Further, some slight imperfections may be present in the depictions of the flower/s, eg, age spots, blemishes, colour variation.

The cotton rag paper we use is archival quality and rated to last upwards of 75 years if kept in optimal conditions. To ensure this, avoid excessive U.V light and humid/damp areas when considering a place to hang your artwork and hang only on an internal wall.

PRIVACY POLICY

We are committed to respecting your privacy and protecting your personal information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This privacy policy explains how we deal with your personal information and how to contact us if you have queries about our management of your personal information.

By providing us with your personal information, you consent to the collection, use, and storage of that personal information as set out in this Privacy Policy.

‘Personal information’ is information about an identified individual and the personal information we collect and hold about you will depend on the circumstances of collection, including whether we collect the information from you as a customer, supplier, or in some other capacity.

Your privacy is respected, and we do not sell, rent or trade your personal information. We collect, hold, use and disclose personal information for a variety of purposes to effectively conduct our business, including to:

supply our customers with products and services,
to administer and manage the supply of products and services
provide our customers and prospective customers with information about us, and our products and services,
to verify our customers’ and prospective customers’ identity and personal information and help ensure our customer records are current and accurate •
conduct research and development (including surveys) to improve our products and offerings

We may store your information in hardcopy and/or in electronic form on the Floragraphica computer server located in Australia

We take steps to protect the personal information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. While we strive to protect your personal information, it is not possible to guarantee or warrant the security of information sent over the internet. Once we receive your information, we endeavour to ensure its security on our system.

BOUQUET PHOTOGRAPHY TERMS AND CONDITIONS