Terms of Service
COPYRIGHTS All photographic materials, digital or otherwise, including but not limited to negatives, transparencies, proofs, previews, and electronic image files shall be the exclusive property of the “Photographer”. The photographs produced by the “Photographer” are protected by Federal Copyright Laws (all rights reserved) and may not be reproduced in any manner without the “Photographer’s” written permission. The “Photographer” retains all legal rights, including copyright to the images taken in the Photography Session. “Client” waives any and all legal rights of the images taken during the Photography Session. The “Photographer” shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the “Photographer’s” website, marketing emails, Facebook page, group or Instagram, on social media and/or studio when a Model Release is signed stating the release of “Client’s” images. If “Client” declines the Model Release, no use of the images will be public and the images stay private and are only seen by the staff of the “Photographer” and “Client”. If the “Photographer” desires to make other uses of the images outside of the uses stated in the Model Release, the “Photographer” shall not do so without first obtaining the written permission of the “Client”.
CLIENT USAGE Limited copyright ownership of the resulting images will be transferred to “Client” under the following conditions:
The digital images (USB or emailed versions) are the property of the “Client” for personal use and for the purposes of reproduction and giving of photographs to friends and relatives. Once the USB or digital files have been received, any refunds or exchanges relating to the USB and its packages will be void. “Client” understands and agrees that any reproduction, duplication of any image not purchased or alteration of any images owned or produced by the Photographer, including but not limited to Photographic Images and images made public by the “Photographer” online, by anyone other than the “Photographer” is strictly prohibited and is a breach of this Agreement and a violation of the legal rights of the “Photographer”.
“Client” understands it is illegal to copy, scan, download (unless a digital gallery was purchased), screenshot, print, modify, reproduce, re-edit, add any filters, convert to black and white or otherwise steal any image created by the “Photographer”. This applies to images posted in a private online gallery, blog, Facebook, Instagram or hard copy images. “Client” may however share web/blog post links and social media albums through the use of the share functions and dissemination of direct links. If “Client” steals images via any method above or any other method, “Client” will be charged legal fines and invoiced for the cost of each digital image stolen, at the “Photographer’s” current price per image.
“Client” must obtain written permission from and compensate the “Photographer” prior to “Client” or its friends and relatives publishing or selling the photographs for profit or marketing purposes.
RECORDING DEVICE USE DURING PHOTOGRAPHY SESSION The “Photographer” prohibits the use of recording devices of any kind during the Photography Session, including but not limited to video cameras, still photography cameras, mobile phone cameras, and sound recorders by anyone not employed or hired by the “Photographer”, without prior permission. Any recordings made during the Photography Session by “Client” or any party associated with “Client” must be immediately and permanently destroyed and deleted. Any violation of this provision will result in cancellation of the Photography Session and forfeiture of all fees paid.
RESCHEDULING “Client” may reschedule the Photography Session once without forfeiting any fees paid, provided that: (1) “Client” provides notice of the desire to reschedule no less than 30 days before the Session Date; and (2) the Photography Session is rescheduled to a date no later than 30 days after the Session Date dependent on availability. If “Client” provides less than 30 days’ notice, “Client” forfeits fees paid. “Client” will be charged $225 upon rescheduling. If reschedule date is more than 30 days from the original session date or more than one reschedule is made, all monies paid are forfeited and a new session/booking fee is required.
The “Photographer” maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. at no additional cost to the “Client”
LATE ARRIVALS If the “Client” arrives late to the Photography Session, the Photography Session will end at the scheduled time. If the “Client” is more than 30 minutes late for the Photography Session, the Photography Session will be considered cancelled and all fees will be retained by the “Photographer”. Any excessive “changing wardrobe” time is also taken out of the session time.
COOPERATION/NO SHOWS The “Photographer” is not responsible if the “Client” and/or key individuals fail to appear or cooperate during Photography Sessions, Viewing & Ordering appointment, or for missed images due to details not revealed to the “Photographer”. If “Client” and/or key individuals fail to attend the scheduled sessions the session/booking fee is non-refundable. Your session is an allotted time. If “Client” is a no show for their session or their Viewing & Ordering appointment, all monies paid are forfeited and there will be no available options to reschedule (unless the reason for no show, no call was an emergency)
CANCELLATION The “Photographer” agrees to reserve and not make any other reservations or accept any other clients for the date, time, and duration listed above for the performance of the services listed above. For this reason, in the event that “Client” breaches, repudiates or cancels the contract for any reason, all monies paid shall be retained by the “Photographer” in order to offset its loss of business. In all circumstances, all sales are final and all payments are non-refundable.
CREATIVE CONTROL The “Photographer” retains creative control of the Photography Session in its entirety, including but not limited to, the adjustment of hair, makeup, jewellery, clothing, props, and sets. The “Photographer” does not provide additional photography sessions in the event the “Client” is dissatisfied with their appearance in the final images. The “Client” agrees to notify the “Photographer” of any dissatisfaction with their appearance, including but not limited to wardrobe, hair, and makeup, prior to photographs being taken.
PAYMENT INFORMATION “Client” understands that the session/booking/retainer fee is payable at the end of the consultation in order to reserve the date and time for the Photography session. It is non-refundable and does not include any images. The Investment pricing details are available upon request. The “Photographer” offers Take-Home Layby payment options, supplied through PayRight by Devizo Zero, Afterpay, and Ezidebit Pty Ltd. Fees, charges and conditions apply. To approved applicants only. No products including digital images will be delivered until the entire amount is paid in full or the PayRight/ Afterpay deposit is paid. A minimum of 10% deposit is required. Credit cards, cash and direct deposits into our bank account are available. Failure to timely pay the full payment for the Photography Session or Photographic Images does not absolve “Client” of any obligation under this Agreement, including the obligation to pay the full amount due for the Photography Session or Photographic Images. Boudie Bank Account: “Client” agrees to make regular deposits directly into the “Photographer’s account or Ezidebit: “Client” agrees to allow automatic credit/debit card payments to be processed by Ezidebit Pty Ltd and complete a Direct Debit Agreement. “Client” acknowledges that it is their responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. An additional Archival and Late Payment Fee may be payable if the “Client’s” payment plan defaults and no alternative arrangements are made. “Client” acknowledges there is a cost to use this service and that all payments are non-refundable. All payments will be credited towards product or Investment purchase at the viewing & ordering appointment in the studio. “Client” may adjust or cancel their Boudie Bank Account at any time, but any amounts already paid are non-refundable.
PHOTOGRAPHIC PROOFS The “Photographer” will make Photographic Proofs of selected images taken during the Photography session available for viewing by the “Client” for the sole purpose of selecting images from the Photography Session to be purchased by the “Client” from the “Photographer”. Photograph processing and the creation of the digital proofs take approximately two to four weeks. Every effort will be made to ensure that the finished product is available prior to the time; however, where circumstances beyond the “Photographer’s” control prevent early availability or cause a delay past four weeks the photographer will not be held accountable. The raw (unedited) images are not distributed to “Client”. “Client” only receives the final edited images as selected by the “Photographer”. By signing this agreement, the “Client” understands that they are required to place their order during the ordering appointment. Orders including but not limited to Digital Images, Prints, Canvas, Acrylic or Metal Prints, Acrylic Tiles, Frames or Photo Albums are considered final when placed and cannot be refunded, or cancelled or exchanged for any reason. Once the images are chosen and any payment made the order is considered in production. Due to the custom nature of orders, an order cannot be changed or cancelled once it is in production.
COST OF COLLECTION Payments are non-refundable. If funds do not clear or are cancelled by the “Client”, the “Photographer” reserves the right to claim costs of recovery on any unpaid monies that exceed our normal trading terms. This could include debt collection and the cost of solicitors on a party to party basis. Nothing in this provision is to be construed as our consent to late payment of the previously agreed price.
THIRD PARTIES The “Photographer will not discuss any information containing to “Client” or “Client’s” session, payments or personal information with a Third Party unless “Client” goes into default on payments and goes to a collection agency.
HAIR AND MAKEUP “Client” agrees to release and hold harmless the “Photographer” for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractors during the Photography Session. This includes, but is not limited to, allergic reactions or injuries resulting from the techniques or products used. “Client” agrees to notify the “Photographer” along with any stylist, hair and makeup artist, or other independent contractor used during the Photography Session of any and all allergies prior to the Photography Session. If “Client” is not happy with the look of either hair or makeup, they are to notify the stylist BEFORE the stylist leaves the studio, so it can be adjusted to suit.
LIMIT OF LIABILITY In the unlikely event that the “Photographer” is injured or becomes too ill to photograph the session, the “Photographer” will make every effort to secure a replacement photographer. If this situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the session/booking fee. The “Photographer” takes the utmost care with respect to exposure, transportation, and processing of the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the “Photographer’s” control, the “Photographer’s” liability is limited to the return of all payments received for the session booking fee or Collections. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of a total number of originals. The return of monies paid under these circumstances may be made as instalments when the “Photographer” is unable to repay the entire amount as a lump sum. “Clients” using the services of the “Photographer” do so at their own risk. The “Photographer” shall not be liable for injury or damage to any customer or their property no matter how caused, including whether or not as the result of the negligent act or omission of the “Photographer”, its servants or agents. Whilst we endeavour to ensure the safety and well being of all our clients, we require each parent or accompanying adult to be aware that they accept full and total responsibility for their child at all times if at the studio.
ENTIRE AGREEMENT/WAIVER This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
GOVERNING LAW & JURISDICTION This Agreement shall be governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of that State and Australia in respect of all matters arising out of or relating to this agreement, its performance or subject matter. “Client” irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non-conveniences. Service of process, summons, notice or other documents by mail to such Party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
SEVERABILITY If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.