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Clients Terms & Conditions

1. Photography consent. The client shall provide written consent for The Photo Studio Pty Limited (The Photo Studio) it’s photographers and staff to undertake photography of them and or their children as photographic subjects for the purpose of producing photographic prints and image files.
2. Model Portfolio. The client acknowledges that the Photo Studio Pty Ltd, provides a photographic service and is not a model agency, and does not provide any employment guarantee.
3. Booking Fee & Deposit. At the time of confirming a booking, The Client shall pay a Booking Fee to retain The Photo Studio Pty Limited to provide photographic services on a specific day and time. A booking will be regarded as confirmed at the time Booking Fee is received in full by The Photo Studio. Should a client elect not to purchase any photographs or products offered to them by the Photo Studio at the conclusion of their Photography Session, The Photo Studio undertakes to refund the Booking Fee in full without obligation.
4. Deposit. At such time as an order for prints, frames, mounts and image files is placed by the Client with The Photo Studio, the client shall pay a deposit equal to 50% of the total cost of the order. At that time, the booking fee shall be applied to the deposit. The Photo Studio may at its sole discretion vary the deposit required to be paid by the Client at the time of ordering. Once a deposit is processed it cannot be refunded.
5. Discounts. A Studio Representative may at their decreation offer the customer a discount in relation to a specific order under consideration by the customer on the day. Discounts only apply to orders confirmed at the conclusion of the ordering session. Should a customer require a change to a Confirmed Order, any discounts offered become void.
6. Print Orders, Mounts and Frames. Orders confirmed by the Client with The Photo Studio for Prints, Frames, Mounts and other products shall be binding and may not be cancelled, altered or otherwise changed without the express written agreement of The Photo Studio. In the event the Client wishes to vary the selection, size, mounting, framing, creative treatment, retouching requirements or other aspects of the order, additional charges shall apply. Any such additional charges shall be at the discretion of The Photo Studio based on the standard price list.
7. Part Payment. The Photo Studio may at its discretion agree to accept payment in instalments from the Client. The terms and conditions of such payment plan shall be subject to a separate agreement. The Photo Studio may withhold delivery of orders until full payment for the order is received. Should the Client fail to adhere to the schedule for payment of instalments or choose to vary the sum of money paid, the Client shall forfeit all monies paid to The Photo Studio and the Agreement shall become void. If the Client refuses delivery of the order or refuses to pay the balance of monies due within forty five (45) days of being notified the order is ready for collection, the Client shall forfeit the deposit.
8. Vouchers. A Voucher does not constitute a Booking Fee and cannot be used to off-set the Booking Fee either in part or whole. Vouchers are valid for two months from the date of issue. Vouchers cannot be used in conjunction with any other offer or voucher and are not redeemable for cash or any other goods and may only be used as described there on. Vouchers may not be used to purchase images from a previous session. Vouchers are not transferable.
9. Cancellation. If the Client shall cancel the booking and this Agreement more than three (3) calendar days before the session date, any booking fee paid to The Photo Studio shall be refunded in full. If Client shall cancel within three (3) days of the session date the Client shall forfeit the booking fee paid.
10. Postponement. If the Client shall alter or postpone the session date and or time less than three (3) calendar days before the session date, any deposit paid to The Photo Studio and any special offers or discounts to which the Client is entitled shall be unaffected. If Client shall cancels within three (3) days of the session date the Client shall forfeit the booking fee paid and The Photo Studio may alter or void any special offers or discounts to which the Client was entitled.
11. Photographic Materials. All photographic materials, including but not limited to digital image files, proofs and prints, shall be the exclusive property of The Photo Studio. The Photo Studio shall make proof prints and preview images available to the Client for the purpose of selecting photographs, but such proof prints and preview images shall remain the sole property of The Photo Studio. The Photo Studio may make the preview images available on a website or as an email attachment.
12. Copyright and Reproductions. The Photo Studio shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photo Studio shall only make reproductions for the Client or for The Photo Studio portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within the studio and elsewhere. The Photo Studio shall not make any commercial sale of the images without the written permission of the Client.
13. Client’s Usage. The Client is obtaining prints and or digital image files for personal use only, and shall not sell said prints or authorise any reproductions thereof by parties other than The Photo Studio. If the Client is obtaining a print for reproduction, The Photo Studio may authorise the Client to reproduce the print only as set forth under Special Usage Requirements on the front of this form. In such event, the Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication.
14. Photography of minors. For subjects under the age of 16 at least one Parent or Adult designated by the subject’s Parent shall be present at all times whilst the minor is on The Photo Studio premises. The Parent or designated Adult shall maintain in visual contact with minor at all times. Male photographers and staff shall not enter any room in which a subject is present unless a Parent or designated Adult is also present. designated Adult..
15. Direction. The photographer shall direct and advise subjects in the style and manner they consider appropriate. The Client may decline to accept the photographer’s advice or direction or may choose to place limitations on the performance, presentation, wardrobe or other photographic affects relating to themselves and their family. The Photo Studio shall not be responsible for the impact of such limitations on the outcome of the photography. The Photographer and staff may engage in a variety of games and activities with children whilst on the premises for the purpose of obtaining appropriate photographs and to assist in maintaining the children’s good humour. The Parent or designated Adult may request the manner or level of engagement with children be varied according to their personal preference.
16. Physical activity. Photo sessions involve physical activity. This is undertaken at the client’s own risk.
17. Failure to Perform. If The Photo Studio’s designated Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then The Photo Studio shall return the booking fee to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged, deleted, lost through computer, camera or digital recording device malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of The Photo Studio, it’s employees and agents. In the event the designated Photographer fails to perform for any other reason, The Photo Studio shall not be liable for any amount in excess of the retail value of the Client’s order.
18. Photographer. The Photo Studio shall at its discretion appoint a photographer of its choosing to undertake the photographic assignment to which this Agreement applies. The Photo Studio may substitute photographer other than one advertised or promoted to take the photographs. In the event of such substitution, The Photo Studio warrants that the photographer taking the photographs shall be a competent professional. In the event the Client was advised that a specific Photographer would be assigned to the project and cannot for any reason fulfil the obligation on the given day or time, the Client may at their discretion request an alternative booking time without incurring any financial penalty. The Photo Studio shall endeavour to make alternative arrangements to the satisfaction of both the Client and The Photo Studio. In the event the Client is unsatisfied with the alternatives offered to them by The Photo Studio, the booking fee shall be fully refunded to the Client and this Agreement terminated.
19. Inherent Qualities. The Client is aware that colour dyes and inks in photography may fade or discolour over time due to the inherent qualities of the materials employed, and Client releases The Photo Studio Pty from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
20. The Photo Studios Standard Price List. The charges in this Agreement are based on The Photo Studio’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
21. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to The Photo Studios for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an amount in excess of $10.00 per image.
22. Miscellany. 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. This Agreement shall be governed by the laws of the State of New South Wales.