Terms and Conditions
The Client shall be required to Sign the Client Services Agreement including Standard Terms and Conditions contained herein to undertake services with Bronwyn Parsons Photography.
Service Agreement
The purpose of this contract is to record the terms agreed for a photographic assignment. All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of his Clients.
Background
The terms of this agreement are:
- Definitions
"Assignment" means a piece of work to be undertaken by the Photographer under the terms of this agreement which is fully described as to terms and scope in the Instruction.
“Confidential Information” means all information about the parties, including: information created or arising from this agreement; information, comment or implication published on any internet social medium.
“Event” means the type of photography to be undertaken by the Photographer.
“Fee” means all money payable by the Client to the Photographer, however described, for work on the Assignment.
“Images” means digital photographic images recorded by the Photographer in any medium.
“Instruction” means a written instruction for a specific Shoot, as set out in the Schedule.
“Model Right” means any right of a person to the privacy of his personal image or other feature by which he could be identified. It also means a similar right in respect of any building or thing owned by any person.
“Shoot” means the occasion when the Photographer acts on the Instruction.
“Cancellation” means termination of the
"Reschedule" means the shoot will not take place on its originally scheduled date and time but will be scheduled by the Photographer for a new date and time
2. Entire Agreement
2.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
2.3. Nothing in this agreement shall create a partnership, agency or other relationship between the parties, other than the contractual relationship expressly provided for in this agreement.
2.4. Neither party shall have, nor represent that he has, any authority to make any commitment on another party's behalf, except as provided in this agreement.
- Warranties for authority
3.1. Each of the parties warrants that he has power to enter into this agreement and has obtained all necessary approvals to do so.
3.2. The Photographer warrants and undertakes that she is not aware of anything within her reasonable control which might or will adversely affect ability to fulfill obligations under this agreement.
- The contract
4.1. The Photographer agrees to provide the services to complete the Assignment for the Fees set out in the Instruction.
4.2. The Photographer is alone responsible for all taxes arising on money received from the Client and indemnifies the Client against any demand or obligation in respect of such tax.
4.3. The Photographer is not registered for GST
4.4. This is an umbrella agreement which regulates each Instruction separately.
4.5. A contract to undertake each Assignment is made when the Client makes payment of the retainer specified in the Instruction.
4.6. The Client agrees to provide clear, accurate, timely and complete information and fully cooperate with the Photographer to enable her to perform her part of this contract.
4.7. With effect from today the Client shall nominate a key person to give instructions to the Photographer and shall fully coordinate with the Photographer at the Shoot. The Photographer agrees that she will fully cooperate with the authorised representative to perform her part of this contract.
4.8. If the Client makes a significant change to the date, time or activities then the Photographer will try to perform his obligations under same terms as set out in this agreement. However, if it does happen then the Photographer will not be bound and may refuse to provide his services under changed circumstances.
4.9. Nothing in this contract shall prevent the Photographer from entering into a similar contract with any other person provided that the date/time of providing services on any other contract does not overlap with the agreed time and date of the Client.
- The Assignment
5.1. The work under each Assignment shall be set out in the Schedule Instruction. The Schedule Instruction will describe, among other data:
5.1.1 The Event
5.1.2 Date
5.1.3 Services and Inclusions
5.1.4 Location
5.1.5 Fee and payment
5.1.6 Standard terms and conditions
- Fee and payment
6.1. The Client agrees to pay the Fees set out in the Instruction.
6.2. The Client shall pay a non-refundable retainer (the “Retainer”) of ($150 for Newborn Photography | $100 for Family and Maternity Photography | $180 for Rustic Outdoor Cake Smash Photography) at the time of entering into this agreement. The Client shall pay the remaining balance of the package on the shoot date
6.3. The retainer is payment for work that occurs before the shoot and is not refundable in the event of cancellation or rescheduling outside the terms of this agreement
6.4. Payment shall be made by bank transfer or PayPal.
6.5. The Photographer reserves the right to charge the Client interest in respect of the late payment of any money due under this agreement at the rate of 3% per cent above the cash rate from time to time of the Reserve Bank of Australia from the due date until receipt of payment.
- Project management procedure
7.1. The Photographer will communicate with the Client to make detailed arrangements for the Assignment following payment of the Retainer the Photographer
7.2. The Client is responsible for providing clear, accurate, timely and complete information in the design questionnaire to enable the Photographer to perform her part of this contract. The design questionnaire will be forwarded at the time of booking. The Photographer will do her best to include those within the Assignment subject to having specific props in her collection, willingness of people being photographed, safety of people being photographed, time available in the shoot and subject to special requests being consistent with the Photographers online portfolio.
7.3. The Client will be responsible for informing people that photographs will be taken at the Event, and will indemnify the Photographer for all costs which might flow from a complaint by any person that the Photographer did not have permission to photograph that person.
7.4. Proofing images will be made available to the Client to finalize selections in a private online viewing gallery.
7.5. Delivery of the viewing gallery is 20 business days (excluding weekends and public holidays) after the shoot date for on time payments.
7.6. Delivery of the viewing gallery is 20 business days (excluding weekends and public holidays) after the payment processing date for late payments.
7.7. The Client agrees to finalize selections and inform the Photographer within 7 days of having received the proof copies.
7.8. The Photographer shall deliver digital images as ordered within 7 days of the Client having made the choices. The Photographer shall deliver printed photographs as ordered within 28 days or otherwise provide an update on out of stock or discontinued printed products, lab production delays or shipping delays.
7.8. Payment of the Client package is due in full on the day of the shoot. Payment for any add-on digital Images, add-on printed products, non-standard editing services or other add-on services not included in the Instruction is due on invoice in full prior to orders being placed. All orders become final once placed.
8. Cancellation | rescheduling
8.1. If the Client cancels this contract at least 14 days before the Shoot, the Photographer may retain the Retainer, but no further sum will be due.
8.2. If the Client cancels this contract less than 14 days of the Shoot the full amount will be due, less a discretionary allowance for post editing work not done. The retainer is not refundable.
8.3. If the Client cancels this contract by no show within 30 minutes of the scheduled start time the full amount will be due, less a discretionary allowance for post editing work not done. The retainer is not refundable.
8.3. The retainer will be credited towards one single future booking under the following circumstances:
- Genuine illness (24 hours written notice required)
- Complications at birth requiring extended hospital stay overlapping with a booked newborn photography date/time (24 hours written notice required)
- Acts, decrees, legislation, regulations or restrictions of any government preventing commercial family photography on the scheduled date/time
8.4. No refunds apply to cancelled sessions or no shows
8.5 The Shoot commences and ends at the specified time. No extensions shall be granted in the event of lateness or unwillingness to participate.
8.6. The photographer reserves the right to terminate service if the Client or Client's participants attend ill, do not comply with COVID Safe Policy, attends disorderly, disrespects the Photographer, disrespects individuals participating in the shoot or disrespects photography equipment. No refunds apply. The full amount will be due, less a discretionary allowance for post Event work if that post event work detailed in the schedule not done
8.10 The photographer reserves the right to immediately terminate service if the Client or Client's participates bully, harass, threaten, abuse, use violence, discriminate or makes offensive remarks towards the photographer or photographers brand.
8.11 In the event of rain (applicable to outdoor photography) the client may opt to reschedule the date or proceed at an alternative sheltered location outdoors. The cost of an additional cake for outdoor rustic cake smash sessions shall apply should the Client opt to reschedule.
9. The licence of Images to Client
9.1. The Client acknowledges that the Photographer owns all right, title and interest in and to the Images and that the Client has no right to use any of them outside the express terms of this agreement.
9.2. Money paid to the Photographer includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the Client has paid the Photographer the money due under this agreement and after the Clients chosen selections have been delivered.
9.3. The licence is personal, irrevocable, non-transferable and non-sub-licensable.
9.4. The licence is restricted so that unless the Photographer gives written authorisation the Client may not alter any Image created by the photographer, nor permit any other person to do so, without her permission in writing.
9.5. The licence is restricted so that unless the Photographer gives written authorisation the Client may not publish any Image created by the photographer, nor permit any other person to do so, without her permission in writing
9.6. The licence grants the Client authorisation to make unlimited print reproductions of purchased digital images for personal non-commercial use.
9.7. So far as any goodwill is generated by the Client's use of the Images it shall accrue to the benefit of the Photographer.
9.8. The Photographer reserves the right to publication of Images created during assignments for marketing, promotional, competition, professional awards and editorial purposes.
- Licence of “Model Rights” to Photographer
10.1. The Client grants all his Model Rights to the Photographer to enable him to carry out the Assignment.
10.2. The Client agrees that the Photographer may use her personal Model Rights in the form of Images taken in this Assignment, only:
10.2.1 to market her business as a photographer including print, social media and online publication;
10.2.2 to promote her business as a photographer including print, social media and online publication,
10.2.3 for submission to industry professional awards and competitions including print, social media and online publication
10.2.4 for editorial purposes
- Photographer's obligations
11.1. In working on the Assignment and in provision or delivery of any outcome, the Photographer will comply with:
11.1.1 the schedule Instruction.
- Confidentiality
12.1. The parties are aware that in the course of the performance of the Assignment they will each have access to and be entrusted with Confidential Information of the other. Accordingly, they undertake in respect of Confidential Information of the other of them, that both during and after completion of the Assignment, they will:
12.1.1 except as provided in this agreement, not divulge to any person whatever, or otherwise make use of (and will use his best endeavors to prevent the publication or disclosure of) any Confidential Information;
12.1.2 not use the Confidential Information in any way for himself or any other person, except in a way that is authorised by this agreement or by the proper authority of the other of them;
12.1.3 not publish Confidential Information on any social medium.
- Limitation of liability
13.1. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.2. The Photographer shall not be liable to the Client for any loss or expense which is:
13.2.1 indirect or consequential loss; or
13.2.2 economic loss or other loss of turnover, profits, business or goodwill; or
13.2.3 loss of amenity represented by the Client having no visual record of an Event.
13.2.4 loss or damage suffered by the Client as a result of an action brought by a third party.
The above provisions apply even if such loss was reasonably foreseeable or the Photographer had been advised of the possibility of the Client incurring it.
- Duration and termination
14.1. Work on the Assignment shall continue until terminated:
14.1.1 by completion of the Assignment and payment to the Photographer;
14.1.3 Harassment, bullying, discrimination, extortion tactics to gain additional services or products, offensive, aggressive or abusive behavior is cause for a cease and desist warning. One warning will be issued before the Photographer immediately terminates her services.
14.1.4 immediately by the Photographer if the Client fails to pay any sum due within 7 days of the date of submission of an invoice;
14.2. Without regard to the reason why this agreement ends, the Client will pay the Photographer for all work done to the time the notice of termination is received by the Photographer, calculated to the nearest one hour.
- Uncontrollable events
15.1. The Photographer is not liable or responsible for any failure to perform, or delay in performance of this agreement which is caused by circumstances beyond reasonable control (Force Majeure Event).
15.1. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond reasonable control and includes in particular without limitation 1. fire, storm, flood, earthquake, subsidence, epidemic or natural disaster. 2. Acts, decrees, legislation, regulations or restrictions of any government 3. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport 4. Impossibility of the use of public or private telecommunications networks 5. Riot, invasion, terrorist attack, threat of terrorist attack, bomb threat, threat or preparation for war, war (declared or not).
15.2. The performance of the Photographer is deemed suspended for the period of the Force Majeure Event with extension of time for performance for the duration of that period.
15.2. If any uncontrollable event delays or prevents the performance of the obligations of the Photographer for a continuous period of more than 6 months, the other party may give notice to terminate this agreement. The notice must specify a date at least seven days ahead, when the termination will take effect.
15.3. A termination notice is irrevocable unless both parties agree to re-instate this agreement.
15.4. If the agreement is terminated, all money due from one party to the other becomes due immediately.
15.5. The Photographer will take all reasonable steps to fulfill obligations under this agreement despite the uncontrollable event.
- Miscellaneous matters
16.1. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
16.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
16.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
16.5. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
16.6. In the event of a dispute between the parties to this agreement, both parties agree to engage in respectful mediation before commencing arbitration or litigation.
16.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
16.8. Any communication to be served on either of the parties by the other shall be delivered by hand, sent by express post or sent by email
| It shall be deemed to have been delivered: |
| if delivered by hand: on the day of delivery; |
| if sent by post to the correct address: within 7 days of posting; |
| If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. |
16.9. The validity, construction and performance of this agreement shall be governed by the laws of State of A.C.T and the parties agree that any dispute arising from it shall be litigated only in that State.
- STANDARD TERMS AND CONDITIONS
The Photographer and Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.
Fee and Payment
- Payment of a non-refundable retainer ($100 for family, maternity and sitter sessions | $150 for newborn sessions and $180 for outdoor cake smash sessions) is due on invoice issued at the time of booking to secure a date.
- Payment of the remaining package balance is due on the shoot date.
- Payment for add-on digital images, add-on print reproductions, add-on editing services, replacement consumables for rescheduled cake smash sessions or any other additional service not included in the instruction/schedule is due on invoice prior to orders being placed, work commencing and digital images being released for download.
Return and Refund Policy
Digital photographs once ordered and sent to the Photographers private online gallery for Client access cannot be returned, refunded or exchanged. The Photographer is not liable to provide a refund if the issue is outside the control of the Photographer including but not limited to not liking a photograph, willingness to participate or willingness/ability of individuals participating in the Shoot to produce specific images in a manner desired by the Client. The Photographer is not required to provide a refund for change of mind, for insisting on having services provided in a particular way against the Photographers advice or for failing to clearly explain your needs in advance of the Shoot.
Custom printed products cannot be returned or exchanged. The Photographer is not required to provide a refund for change of mind. The Photographer provides no warranties for printed images only those of the manufacturer of printed products apply. All print orders are final on being placed and cannot be exchanged or amended once ordered with the exception of discontinued or out of stock items. The Photographer quality checks all products prior to delivery. Should your product be defective in materials or workmanship you must return the product to the Photographer for assessment by the manufacturer within 48 hours. Should your product be damaged from transit, you must return the product to the Photographer for assessment by the manufacturer within 48 hours. This does not apply to damaged caused by your own misuse or your own accidental damage or include incidental or consequential damage for materials placed into, affixed to or stored within the products. The manufacturer will replace any goods deemed through their assessment to be defective. The manufacturer will replace any goods deemed through their assessment to be damaged in transit.
Warranties
The Photographer provides no warranties for digital or printed images only those of the manufacturer of printed products apply. The Photographer makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose. The Photographer is not liable for any third party claims or incidental, consequential or other damages arising out of the Client's License or the Clients use of digital photographs or printed photographs. The Photographer is irrevocably released from any damage or loss that may occur to digital photographs or printed photographs as a result of the Clients misuse or storage of them.
Guarantees
The Photographer makes no guarantee with respect to any issue of quality, type, style, number of photographs, visual or artistic appearance of the final product. Every effort will be made to ensure that the Client receives the highest possible quality product. Many factors outside of the Photographers control contribute to the outcome of a session, variety of images captured, number of images presented and the subsequent visual and artistic appearance of photographs. Factors outside of the photographers control include but are not limited to:
- Willingness and ability of photographic subjects
- Newborn safety and temperament of photographic subjects
- Natural features, expressions, positioning produced by photographic subjects
- Time remaining in the event of lateness or non willingness to participate in a desired manner
- Equipment and props available in the photographers existing collection
- Time required to achieve specific images
- Change of mind
- Insisting on having services provided in a specific way against the photographers recommendation
- Lab processing delays, shipping delays, printed product unavailability
- Natural outdoor light and environmental conditions
- Failure to read session information, seek clarification, provide clear, accurate, timely and complete information and fully cooperate with the Photographer to enable her to perform her part of this contract
Photographic materials, goodwill and copyright
Goodwill and photographic materials such as original negatives, slides, video and edited works are the exclusive property of the Photographer. The Photographer reserves moral rights to all work resulting from services with the Client and shall have a perpetual royalty free license to use such works for as samples online, samples in print, contests, awards, exhibition, advertising and self-promotion. The Photographer is irrevocably released and discharged claims or demands arising out of or in connection with the use of photographic images including defamation, copyright, privacy or right to publicity. The Client affirms legal guardianship of children under the age of 18 and consents to them appearing in photographs. In undertaking Services with the Photographer the same release applies to any other person who appears in the photographs.
Client Licence and Usage
The Client acknowledges that the Photographer owns all right, title and interest in and to the Images and that the Client has no right to use any of them outside the express terms of this agreement. By using Photographs for any other purpose other than stated in this agreement, copyright material is being used without permission in one of the ways exclusively reserved to the Photographer. Money paid to the Photographer includes a fee for the grant of a personal licence, the licence arises only after the Client has paid the Photographer and only after the Photographer has delivered the Clients selected images.
Client Licencing Permissions
- publication of low resolution cited (watermarked) images on personal social media pages
- unlimited print reproduction for personal use
Client Licencing Restrictions:
- the Client may not publish non-cited (non-watermarked) high resolution images, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not resell, re-license, sub-license, redistribute images, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not incorporate logos, trademarks or service marks, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not modify, edit, alter, apply filters or overlays, overlay text or graphics; nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not submit images to competitions or awards, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not submit use photographs in a pornographic, obscene, illegal, immoral, libelous, racist or defamatory manner, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not screen capture, download or photograph images from the Photographers website, proofing gallery or social media sites, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not download, screen capture or photograph images from the Photographers proofing gallery, nor permit any other person to do so, without the Photographers permission in writing.
Gifted Sessions.
- The recipient must contact us after receiving the voucher to book a date.
- A signed contract, completion of a design questionnaire and payment of a non refundable retainer ($150 for newborn photography, $100 for family and maternity photography, $180 for outdoor rustic cake smash photography) is required on booking
- The retainer is not an additional payment and is deducted from the voucher on booking.
- The retainer is not refundable. The retainer is payment for work that occurs before the shoot and compensates the photographer in foregoing income by not booking any other client on the agreed date/time in the event of cancelling or rescheduling a booked date outside the terms of the contract.
- Will be voiced if the booked date results in a no show or cancellation outside the terms of the contract. Any unspent balance will be deemed void.
- Preferred dates are subject to to the photographers availability, Time sensitive newborn sessions typically book out 2 - 3 months ahead.
- Is valid for 12 months from the date of issue
- Is for the recipient and their immediate household only. It can be used for a family session, a maternity session, a newborn session, an older newborn session, a sitter session or an outdoor cake smash session
- May not be used in conjunction with any other offer, voucher, credit or promotion
- Is valid for one use/booking only
- Is not redeemable for cash, is not transferable to another individual and any unspent balance will be deemed void
- Will not be accepted if the expiry date has passed
- Cannot be split between multiple sessions. The entire amount must be applied towards one session
- Are subject to terms and conditions set out in the Services Agreement including Standard Terms and Conditions contained herein
Security and CCTV:
CCTV camera's monitor premises and may be used for quality and coaching purposes. Recorded sessions may also be provided to a third party if required by law or to protect copyright, trademarks, safety and other legal rights of the Photographer.
Photography and Video
It is understood that no other photography, amateur or professional, shall be allowed to photograph or video during the shoot, and that any breach of this agreement will constitute a reason for termination of the agreement. If the agreement is terminated, all money due from one party to the other becomes due immediately with no liability to the Photographer.
Storage
The Photographer keeps deliverable images for 12 months. The Client files shall be deleted from the Photographers local storage and local backups will be purged after 12 months. It is understood that the Photographer may provide copies within this period to the Clients spouse or partner in the event of relationship breakdown. A re-delivery fee of $35 applies.
Liability
The Client shall be responsible to supervise children at all times. The Photographer will not accept any responsibility due to any accident to children or damage to public or private properties during a shoot.
Fee's for additional editing
All deliverable images as per contract will have standard image editing (natural skin retouching and background retouching) as detailed under the services and inclusions to be provided. Any extra edits requested by the client will cost the client $45 per image if accepted by the Photographer. Editing additional images for presentation will cost the client $45 per image if accepted by the Photographer. It is also understood that unless hair, makeup and wardrobe styling is included in the contract, the Photographer is not responsible to fix hair, make-up, nails, wardrobe imperfections, corrections to visible undergarments or personal accessories (including watches and hair bands left on the wrist). The Client is responsible for ensuring that the personal presentation of participants is to personal taste prior to being photographed. The Photographer cannot replicate the editing style of another artist. The photographer does not undertake glamour editing, body sculpting, head swapping, dental correction, remove smile lines or signs of natural aging, lighten skin pigment or provide any modification to alter a person’s natural features, presentation or expressions. Digital backdrops for newborn sessions require advanced planning of lighting and prop layering textures. Editing newborns into digital backdrops chosen after the images have already been captured will not be accepted by the photographer.
Willingness to participate
No complimentary re-shoots apply if the Photographer is unable to pose a newborn into the positions desired by the Client, if Children are not willing to cooperate or if participants are unable to produce specific images, smiles, expressions, eye contact, or poses desired by the Client.
Maternity gowns (Maternity Sessions)
Gown viewing/fitting is held by appointment on weekdays after 5pm. A change tent and the Clients chosen gown will be made available on the day of the shoot and must be returned in the sealable bag provided
Illness
Persons with symptoms of illness or in close contact with someone who is within 14 days of the shoot date must contact the photographer with a minimum of 24 hours’ notice and reschedule. Even if you regard those symptoms as minor (i.e. an unexplained rash or runny nose but otherwise feel fine) you must contact the Photographer to reschedule. Failure to disclose illness and attend the shoot anyway will result in our services being terminated. If the Photographer is ill, the Photographer will contact the Client to postpone and reschedule the shoot with no financial loss. Preferred rescheduled dates are subject to availability with the Photographers services typically booking 2 – 3 months in advance.
COVID Safe policy
The Photographers COVID Safe Policy is mandatory for all staff and clients and is published on our website at: https://www.bronwynparsonsphotography.com.au/canberra-newborn-and-family-photography/covid-safe-plan . Compliance is mandatory and a condition of the photographer providing services to the client
Newborn Safety
The Photographer adheres to best industry practice for newborn safety. The Photographer is trained and experienced in all aspects of newborn safety and posing. Posed newborn photography is subject to safety, age and individual temperament. Wrapped positions are practiced for highly sensitive newborns, unsettled newborns, highly alert newborns and infants between 3 - 6 weeks. The session is baby led and the Photographer cannot guarantee specific images or poses.
Sibling attendance (Newborn photography sessions)
Sibling attendance is subject to maximum capacity studio limits in affect at the time and conditional on adhering to COVID safety requirements Under normal circumstances 2 siblings may attend in the last 15 minutes of newborn photography sessions for short and sweet less posed lifestyle family portraits not exceeding 15 minutes. Between the 29/10/2021 - 1/12/2021 a 1 person per 4 square meter rule applies and attendance is limited to 3 persons of the same household. It is understood that if one person in the household is symptomatic of illness within 14 days of the shoot date that all household members are excluded from entering our studio. You must contact the photographer to reschedule and provide at least 24 hours notice.
Commencement of services
The booking is secured and the Photographers services with the Client commence when
- The contract is electronically signed and submitted by the Client
- The Client has paid the Retainer to the Photographer
- The Client has electronically submitted a design questionnaire
Delivery time-frames for on time payments
20 business days from the date of the session. Business days are Monday to Friday and exclude weekends, public holidays and any holiday closure periods advised by the Photographer
Mode of delivery
The Clients chosen digital images are delivered for self-download in a private online gallery hosted online for 14 days.
Services and Inclusions to be provided
- Package inclusions as detailed on the Photographers website
Standard Editing Inclusions
- Natural skin retouching for newborns inclusive of the removal of non-permanent blemishes (with the exception of birth or stalk marks), reduction of newborn acne, reduction of newborn skin flakes, reduction of red skin pigment, reduction of purple skin pigment, jaundice reduction, eye lash sharpening, natural lip colour enhancement and evening out (not altering) natural skin tones.
- Natural skin retouching for adults and children over 12 months inclusive of blemish removal, eye brightening, sharpening lashes, enhancing natural lip colour.
- Retouching physical backdrops inclusive of smoothing out wrinkles and minor artistic adjustments to colour, contrast and exposure.
Session Design
The Client accepts responsibility for viewing the portfolio of the Photographer and ensuring the Photographers style of photography is to personal taste prior to booking. The Photographer does not undertake all forms of photography and cannot replicate examples from the internet or the editing style of any other photographer nor can the Photographer produce identical images. The Photographer cannot guarantee specific images or posing. The Photographer determines the creative design and direction of the session using props and accessories from the photographers existing collection. All images are photographed and presented fully edited based on the experience and artistic view of the Photographer.
The Client is responsible for clearly detailing any specific requests in the Client Design Questionnaire prior to the scheduled phone consultation date. Requests made after this time must be made in writing by email with a minimum of 7 days’ notice and further discussion required. The Photographer must be given the opportunity to discuss any special requests prior to the shoot and will not accept requests made with limited to no notice without prior discussion. The Photographer makes no guarantee Client preferences can be met within the photographers existing collection of props. The Photographer makes no guarantee of specific images or poses nor can the Photographer guarantee individuals participating in the shoot will be willing or able to participate or produce results in a manner desired by the Client..
Session guide
The Photographers session guide details how to prepare, what to wear, what to bring and what to expect. The session guide is forwarded by the Photographer to the Client on the commencement of services.
Client consultation
The Photographer provides the Client a 30-minute phone consultation prior to the session date. The purpose of the consultation is to provide advice and recommendations to responses provided in the design questionnaire and to answer any questions not covered in the session guide, pre-session information or contract. The Client is responsible for seeking clarification on information provided in the session guide, pre-session communication and contract during the phone consultation or by email in advance of the shoot if anything is unclear.
Communication
All other communication with the exception of the client consultation must be made in writing by email. The Photographer is not liable for any claims for messages sent by mobile text or social network websites. The Client is responsible for detailing any concerns or issues directly to the photographer at the time they arise and prior to delivery of digital images.
Fee's for non-standard editing
Unless hair, makeup and wardrobe styling is included in the contract, the Photographer is not responsible to fix hair, make-up, nails, wardrobe imperfections, make corrections to visible undergarments or personal accessories (including watches and hair bands left on the wrist). The Client is responsible for ensuring that the presentation and posing of participating family is to personal taste prior to being photographed. A mirror can be provided on request. The Photographer does not undertake glamour editing, body sculpting, head swapping, dental correction, remove smile lines, hair replacement, correct signs of natural aging, lighten skin pigment or provide cosmetic editing services to alter a person’s natural features, expressions, ability or presentation. Additional non-standard editing is charged at $45 per image if accepted by the photographer. This fee is not inclusive of the purchase cost for additional digital or printed images.
Fee's for additional coverage
A minimum 30 minute charge of $50 per 30 minutes for additional coverage beyond the allotted timeframe.
Re-delivery fee for expired online galleries
An administration fee of $35 applies. This fee is inclusive of the photographers time and the cost incurred by the photographer in paying a service provider to re-host the gallery for a further 14 days.