Thank you for choosing ELB Photography to work with you and your family!

These Terms and Conditions (Terms) apply to all services provided by me to you and records the entire understanding between us in relation to the matters dealt with within it. By paying the deposit and engaging me to photograph you after receiving these Terms, you are agreeing to these Terms. Please let me know if you do not agree with any part of them.

1. SCOPE

a. The details of your booking are set out in your scope of work or invoice (Details)

b. I will carry out the photography services set out in the Details with reasonable care and skill to the standards customary in the industry.

c. Any additions to the photography services or any changes to the information set out in the Details, may come at an additional cost to you. I will provide you with the costs for any additional services or variations prior to the services commencing where practicable. Any additional services will also be subject to these Terms.

2. TIMING

a. Images will be provided for viewing and selection within 4 weeks of the session.

b. Photo shoots generally last between 60-90 minutes and will not exceed 2 hours.

3. POST-PRODUCTION

a. Every photography session is unique. My website and social media accounts give examples of my work and you understand that your gallery and images will be in line with this aesthetic, but that specific shots cannot be guaranteed.

b. The final post-production and editing styles and overall look of the images are left to my sole discretion.

c. All photographs are put through a post-production process and may be supplied in black and white where I consider that to be of superior quality. If you would prefer all edits in colour, this must be notified to me prior to the session.

d. I will carefully select all best images from your session for edit and delivery. Not all images taken will be delivered, and I won’t deliver any RAW (unedited) files to you.

4. FEES

a. A non-refundable session fee is required to secure your booking.

b. All invoices must be paid by the due dates as set out in the invoice. Unless stated otherwise, payment must be received in full before the session.

c. All fees are inclusive of GST unless otherwise agreed.

d. I reserve the right to refuse to carry out the photography services if I have not received payment by the dates specified in the invoices.

5. YOUR RESPONSIBILITIES

You agree that you will:

a. carefully review the information in the Details and ensure that it is correct;

b. advise me as soon as possible if you become aware of any changes to your booking including postponement or cancellation. In these circumstances, we will do our best to vary our photography services, but an additional cost may apply if the scope changes in a material way;

c. if applicable, advise all third parties involved in the shoot including hairdressers, models and make-up artists of all the relevant times, details and locations for photography as set out in the Details and co-ordinate with these third parties. You acknowledge and agree that I am not liable for any cancellation charges incurred by you in relation to any third parties;

d. be responsible for any damage to my equipment which is caused by you or any of your invited attendees at the shoot.

6. CANCELLATION AND CHANGES

a. If you wish to cancel, or reschedule my services, you may do so without charge if you give me at least 7 days notice.

b. There will be no additional charge to reschedule if 7 days notice is provided. However, prices and packages may be subject to change from time to time. Your package price will be honoured if your shoot is rescheduled within <3 months> of the original shoot date. Please be aware that rescheduling is subject to my availability and you may need to move your shoot to a weekday.

c. If you cancel or reschedule within 7 days I may, in my reasonable discretion retain your non-refundable session fee. You understand that this is not a penalty but rather reflects some of the loss that I will incur of not being able to find a replacement to fill the place that I have reserved for you and your family at short notice.

d. While it is unlikely to occur, there may be occasions where I will need to postpone or reschedule the photoshoot e.g. power outage, illness, or family emergency. I will do my best to give you 12 hours’ notice where possible. Where I need to reschedule the photography services and we cannot find a mutually agreeable time to reschedule, I will refund the non-refundable dsession fee and any fees paid.

7. NEGATIVES AND DIGITAL FILES

a. It is your responsibility to back up the files and photographs once you receive them. An administrative fee of $100 may apply to re-upload images.

b. You are responsible for protecting against loss or corruption of the images. I recommend at least two local copies of the images are retained, in addition to one cloud back up. Hard drives do fail, and do get lost.

c. Any negatives and media containing digital files remain our property and will be kept on file for a period of 3 months

8. OWNERSHIP AND USE

a. You agree that the copyright in all photographs is owned by me.

b. The photographs are only to be used for personal use and may not be altered, modified, copied or reproduced (including by applying Instagram filters) unless written approval has been granted by me. You must give photographic credit for all images posted online and my moral rights (under the Copyright Act 1968 (Cth)) are reserved.

c. You give me express permission to use any image (including those images of children and of others) for reasonable general promotional advertising including posting to my social media and website as well as participating in industry competitions. You also warrant that you have the authority to give this permission on behalf of any others who appear in the images. I will obtain your consent if I wish to use the images for any other reason. If you are not comfortable with this, please inform me in writing in advance of the session.

d. You release me from all claims, actions and liability related to the use of the images in the manner described above.

e. Under no circumstances can you use, copy, screen shot, share or reproduce any photographs which you have not purchased including those containing a watermark. These images are shared with you in good faith to allow you to select your final images. If I discover that you have breached this clause, I reserve the right to charge you a rate of $200> per image shared.

9. FACTORS OUTSIDE OF MY CONTROL

Factors beyond my control include but are not limited to faulty material, equipment failure, damaged and exposed film, loss of film, photographs, negatives or digital files either in transit or during processing, weather conditions, unavailability or sickness of photographers, and acts of God. Any factor beyond my control may mean that I am unable to complete in whole or in part the photography services. You agree that my liability in these circumstances is, in my discretion, limited to the refund of any money which you have paid to me or the resupply of the photography services where that can be reasonably arranged.

10. PRIVACY

You acknowledge and agree that I may collect and use your personal information, including your name and contact details, for the purposes of managing and delivering images, and keeping you up to date with offers, pricing and other relevant information. If you do not wish to receive marketing information, please let me know at any time. I will not provide your details to any third party other than as required by law or to my employees, contractors and advisers.

11. SUB-CONTRACTORS

You acknowledge and agree that I may engage independent contractors to perform work and will notify you in advance of any such arrangement.

12. COMPLAINTS

If I have not met your expectations, please let me know promptly and I will work with you to mutually resolve the issues. This may include rectifying the work to the agreed standard.

13. LIABILITY

a. Certain laws such as the Australian Consumer Law contain warranties that protect the purchasers of goods and services in certain circumstances (“non excludable consumer warranties”). Nothing in these Terms alters any protection available to you under the Australian Consumer Law.

b. My liability to you under or in connection with these Terms, or a breach of any non-excludable consumer warranties is limited, at my option, to resupplying the goods or re-performing the services or the cost of resupplying the goods or performing the affected

part of the services again. Where the Australian Consumer Law applies and there is a major failure in the goods or services, I will provide you with another remedy as required by the Australian Consumer Law. To the extent permitted by law, I will not be responsible for any consequential or indirect loss suffered by you in connection with the receipt of the goods or services.

14. OTHER

This Agreement is governed by the laws of NSW and any dispute will be heard in the courts of that place.

A term or part of a term of this Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the terms under the Agreement continue in force.

Terms and Conditions