Terms and Conditions
Terms and conditions are as much about protecting your rights to a professional service as the photographer’s intellectual property. Although The Photographer retains copyrights to all the images taken, any digital photos purchased by you allows you unlimited non-commercial image reproduction. Which in short means you can make as many copies as you like to distribute between friends and family, but you cannot sell the images for commercial gain.
Once you confirm your booking you are agreeing to this contract, and you acknowledge acceptance of the terms and conditions detailed below, which also underlines our commitment to giving you a professional service.
All shoot dates and times are subject to availability and are allocated on a first-come first served basis. To secure an available shoot date and time, The Photographer will require a deposit of 25% at time of booking the shoot. Upon booking and/or paying a deposit, The Photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date.
The Client may cancel/reschedule their shoot once and have a refund of any fees paid, providing they give The Photographer a minimum of 2 days’ notice in writing. If the Client gives less than 2 days’ notice, all fees paid are non-refundable. All dates/times are subject to availability.
On instances where The Client arrives late or fails to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The rescheduling of such shoots will be subject to The Photographer’s standard fees.
Shoots purchased through a voucher or promotion are non-refundable.
Vouchers issued to The Client must be redeemed by the expiry date shown on the voucher, or it will no longer be valid. There is no cash alternative, refunds or change given. Vouchers cannot be used in conjunction with any other offer, voucher or existing shoot provided by The Photographer. It cannot be used for any other service other than what is described on the voucher.
Only one promotional voucher can be redeemed by The Client (or anyone in their household) in any calendar year.
Non-attendance at the agreed booking time will result in the voucher benefits being cancelled.
4. CREATIVE LICENCE
The Photographer shall be granted creative and artistic licence in relation to the choice of poses, lighting effects, artistic style, the number of photographs taken and the digital processing of the images. The Photographer shall endeavour to undertake any set-ups or poses requested by The Client, subject to time available and the willingness and cooperation of the subjects being photographed.
The Photographer has the absolute right to select the images that will be shown to The Client at the viewing. All photographs rejected by The Photographer during the selection process will be permanently deleted and will not be available for The Client to view. The choice and number of photographs shown to The Client will be deemed as correct.
5. CONDUCT AND COOPERATION
At all times, The Client will be responsible for the safety and conduct of all persons in their party whilst on The Photographer’s premises or on location. The Photographer reserves the right to terminate her activities without the refunding of any fees if she deems the conduct of any person to be unruly, inappropriate or likely to cause harm to persons or damage to property. The Client agrees to pay in full for all loss (including consequential loss) and damage caused by anyone in their party.
6. SELECTION PROCESS
The Photographer will provide to The Client their own online gallery to view images as part of the selection process.
The Photographer requires payment in full from The Client on all digital images selected based on the package ordered. The chosen images will only be made downloadable for The Client when payment has been made in full.
7. DIGITAL FILES, PRINTS & COPYRIGHTS
The photographs, digital negatives or prints produced by The Photographer are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without The Photographer’s explicit written permission. A selection of fully edited digital image files will be supplied to The Client in high-resolution JPEG format. This selection of image files will be comprised based on The Photographer’s professional assessment and experience. Under no circumstances will unprocessed RAW files be provided to The Client. Upon final payment by The Client, limited copyright ownership of the resulting images will be transferred to The Client under the following conditions:
• The digital images files are the property of The Client for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
• The Client must obtain written permission from The Photographer prior to an event where The Client, The Client’s friends or relatives publish or sell the photographs for profit or commercial use.
8. RETENTION OF PHOTOGRAPHS AND PRODUCTS
The Photographs shown to the Client are retained for a minimum of 6 months from the date of the shoot. After that time, The Photographer reserves the right to permanently delete the photographs without notice and without the refunding of any fees paid. If The Client does not view the photographs or make a purchase digital files within 6 weeks of their shoot, it will be assumed The Client has no requirement to view the photographs and The Photographer reserves the right to permanently delete the photographs without notice and without the refunding of any fees paid.
9. PUBLIC DISPLAY, MARKETING AND PROMOTION
The Photographer reserves the right to publicly display and use any of the photographs taken during The Client’s shoot for marketing, promotional, competitions, exhibitions, social media and editorial purposes. If The Client prefers not to have the photographs put on public display, they should inform The Photographer in writing.
10. CLIENT CONFIDENTIALITY
The Client must advise the photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the booking.
11. ERRORS, OMISSIONS, AND COMPLAINTS
Claims for damage, defects, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery. The Client’s statutory rights are not affected.
12. FORCE MAJEURE
Except for an obligation to pay money, neither the Client nor the Photographer shall be liable for any act, omission or failure to fulfil its obligations, or any loss or damage arising directly or indirectly due to an act of God, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather or any other cause outside the Photographer’s control. The Photographers liability will be limited to the refund of any shoot fees paid.
The Photographer shall not be liable for any economic loss, loss of profit, loss of business or any claims for consequential compensation however caused. In all cases The Photographers liability shall be limited to a refund of shoot fees paid.
14. METHOD OF REMUNERATION
Payment may be made in cash or deposited in The Photographers nominated bank account which will be provided at time of booking. Another payment option is via Mobile Eftpos which can also be discussed at time of booking.
15. RIGHT OF WITHDRAWAL
The Photographer’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should The Photographer initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided.
17. YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy please do not use this Site. Your continued use of this Site following the posting of changes to this policy will be deemed your acceptance of those changes.