1. Both Photographer and Client agree to abide by the full terms of this contract at all times.
2.Payment: Client agrees to pay Photographer the prescribed (non refundable within 72 hours of booking) package deposit/ or full fee at the time of booking and understands how many edited images are included in the package (if applicable). If deposit is paid, the remaining payment should be made 24 hours prior to the photography session or upon arrival to the session. Client acknowledges that additional photographs (digital or print) are available beyond the package inclusion and can be purchased at additional cost, this can be done directly from the secure online gallery.
3. Cancellation terms. Session cancellations: incur the non refundable deposit amount paid at the time of booking. If rescheduling a second non refundable deposit is required to secure the new booking date. Print/ download orders: Once an order has been placed through the gallery, it can not be cancelled, so please take great care prior to placing your order.
4. License: Images are provided to Client with a ‘personal use, royalty free, perpetual license’. You are free to print your photos and make copies of your images for personal use. You may also submit them to online or print publications once written consent is obtained. Photographer requires acknowledgement to Hayleigh Beach Photography as the photographer and request a credit and website link when using images in notices and media (ie. Magazines, Newspapers, Blogs, Websites, etc). Images may not be used commercially or for financial gain.
5. Client agrees that Photographer cannot guarantee certain poses during the photography session. Additionally, client agrees not to hold Photographer liable for compromised or poor quality images due to lack of cooperation by image subjects.
6. Client agrees to provide Photographer with access to all required personal data for the purpose of providing access to the secure gallery, this must include either the email or mobile number of each client, without this information, the gallery cannot be set up.
7. Photographer will provide watermarked proofs digitally online from the session for client to review and select for purchase. No printed proofs will be provided.
8. Photographer maintains full intellectual property rights to all images produced during the photography session. In addition, Photographer reserves the right to use the images captured for any purpose including, but not limited to marketing, promotion, advertising , social media content & print.
9. All final jpg images are retained by photographer. Raw/un processed images are not retained by the photographer, only final edited jpgs. Raw images or unedited images are never supplied to client under any circumstances.
10. Additional or replacement print copies of images from the shoot can be requested at any time following delivery of original agreement, an administration fee of $50 applies, plus the cost of the print(s), if digital download, $90 per image.
11. Photographer and client agree that Photographer is under no obligation to capture any specific moment or pose or person(s) during the sessions.
11(a) If Photographer is unable to perform the services in this contract due to any cause outside its control, Client agrees to indemnify photographer for any loss damage or liability.
11(b) Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.
11(c) Client agrees to hold Photographer harmless for any personal injury which may occur as the client poses or works with Photographer.
11(d) Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of client, acknowledging creative expression of the Photographer, producing the photographic artwork.
12. Where Photographer is attending Clients location, the client is responsible in providing a safe working environment for the photographer and to ensure the photographers safety at all times.
13. Personal Safety: In the event the photographer feels unsafe, threatened, disrespected, physically or verbally abused, the session will end immediately at the discretion of the photographer and the session either rescheduled or cancelled.
13. Refunds. Should your digital image be faulty, corrupt or otherwise unable to be opened/ viewed, your image file will be replaced free of charge(where possible or by selection of alternative file). Refunds are not offered on completed sessions, or simply due to Client not liking the aesthetics of the images, when the images are otherwise posed, exposed, focused or edited correctly to technical photographic standards. Refunds will be provided for pre-ordered daycare packages in the event a child is absent on the expected shoot day, if this cannot be rescheduled to a mutually beneficial date.
These Terms & Conditions apply at all times and are subject to change without notice.