TERMS AND CONDITIONS

TERMINOLOGY

a. Karen Jack, InTouch Photography, hence called the “Photographer”.

b. The “Client” is the person who has booked and paid for the service.

c. “Service” describes the photographic services by InTouch Photography and includes the consultation, discussion, advice given, capturing of images, processing of images and delivery of images.

 

 

TERMS AND CONDITIONS

Booking fee and Payment Schedule

Bookings for photography sessions must be made by persons aged of 18 or over. The Client shall make a booking fee payment ($50.00) to InTouch Photography to perform the professional services specified in the session specification. The $50.00 payment is deducted from the full sitting fee. The session date/s are not booked until the booking fee has been received. The full session payment is due before or during your session.

 

I/we have received, read and understand the Photographer’s session pricing, which has been confirmed for our assignment on payment of the booking fee.

 

The booking of and any additional costs incurred for booking venues, photography locations, additional props etc are the Client’s responsibility or may be invoiced unless paid for separately.

 

Should the Client’s photography session location be further than 25kms travel from Penrith, a travel fee of $50 will incur.

 

Bank Details

The $50 deposit can be directly transferred into Karen Jack’s account. When putting through the transaction use your full name as the description. The remaining amount can be paid on the day or anytime before the session. Once payment clears you will receive a receipt via email.

 

The bank details are as follows:

Name: Karen Jack

BSB: 062-005

Account Number: 10472469

 

The Studio

By booking your session at the Photographer’s studio, you understand that you as an adult are required to be double vaccinated and not attend the session with any COVID19 symptoms.  You must advise the Photographer if you cannot attend due to being unwell.

 

The studio is located at 74 Nepean Avenue, Penrith. As this is a home setting, the Client and any people attending with them, are to treat the home with the upmost respect. Any damage to the property or it’s items within will be respectfully charged to the Client for the cost or repairs or breakage.

 

Communication

All communications with the Photographer shall be made in English and in writing via email including but not limited to any date, time or location changes.

 

InTouch Photography is not liable for any claims for messages sent by mobile text messages or social network websites.

 

Indemnity

The Client releases the Photographer from all liabilities that may arise as a result from this session. The Client understands that any props used in the sessions, or locations used, or suggested pose/ideas are agreed to by the Photographer/Client and are only suggested in order to create a beautiful set of images. The Client has the right to refuse the ideas/poses/locations/props at any time if they feel unsafe. All care is taken but sometimes accidents do happen.

 

Limit of Liability

In the unlikely event that the Photographer is injured, becomes too ill, or has an emergency that prevents them from photographing the session/event, the Photographer will contact the Client/s as soon as possible, to arrange another suitable date and time. Please note if the Photographer must reschedule the session due to illness, weather, equipment malfunction, fire, personal circumstances, then the session will be rescheduled to a later date. We understand that this does not qualify for a refund. By agreeing to this contract, I/We agree that we can be flexible in changing the session date and time which suits both the Client and the Photographer. The Photographer is not liable for disruptions or costs for any third-party appointments which the Client has booked on or before the day of the session, including but not limited to hair, makeup and/or cakes.

 

Liability

All subjects aged 17 or under must be accompanied and supervised at all times by a parent or legal guardian.  It is the Client’s responsibility to take care of any children; InTouch Photography will not accept any responsibility due to any accident to children or damage to public or private properties during the photo session or consultation.

 

Coverage and Cooperation

Every effort will be made to capture as many moments from your session as humanly possible however it is not possible to capture absolutely everything. If you have suggestions or particular compositions, please email the Photographer a list of these suggestions and the Photographer will do their best to capture them.

 

The Client is to happily cooperate and communicate with the Photographer to achieve the best possible result within the understanding of the Terms and Conditions. The Client also understands that the Photographers style of working and experience are designed to achieve a great set of images.

 

InTouch Photography is not responsible if the Client and/or key individuals fail to appear or cooperate during portrait sessions.

It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the venue while InTouch Photography is working, and that any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer and loss of initial deposit by the client. 

Cancellation of session

If the Client cancels their session, the Booking Fee is refundable if advised in writing to InTouch Photography of the cancellation 48hours prior to the session. If cancellation is not given within the 48hours, the Booking Fee is non-refundable.

 

Should the Photographer not be available for any reason, the Photographer will notify the Client of the change as soon as it is known and will make every effort to reschedule to the earliest possible date.

 

Images

The Client understands that under no circumstances will the Photographer provide any unedited or RAW images to the Client as it does not represent the quality that the Photographer strives for. The Photographer takes pride in the edited images and images will not be delivered if they do not meet the Photographers quality standards.

 

The Photographer’s edited images do not include extensive retouching or photoshopping that goes above colour correction, colour enhancement, exposure correction, shadow and highlight recovery, lens correction, minor skin corrections, including but not limited to, pimples, cuts or bruises.

 

Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. Any extra edits requested by the client will incur additional cost if accepted by the Photographer. Extra image adjustments include: replace parts of the body from another image, change the colour of parts of the body, extra skin retouch, replace or swap background. It is also understood that the Photographer is not responsible to fix hair or skin, or makeup problems.

It is understood that Photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with the photographer in writing.

 

In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, the Photographer will reshoot at a 25% discount from the original session fee. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.

 

Creative License

Images are edited at the Photographers discretion. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer's artistic standards.

 

Failure to Perform 

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid 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 in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

InTouch Photography keeps Client files for up to 1 year after the photography session, and is not liable for any claims after this period. All Client files will be deleted and backups will be purged after this period.

Product Descriptions, Price and Currency

All session descriptions, products and packages prices can be found on the InTouch Photography website under the various sections (such as Families, Business, Portraits, etc). All prices displayed are in Australian Dollars.

Delivery Instructions
All customers will be given a detailed timeline after the photographic session, estimated delivery times of receiving their images via an online platform (eg. Dropbox).

Copyright

The copyright of photographs remains with the Photographer and may use the work for samples, contests, exhibitions, advertising and self-promotion. This includes but is not limited to InTouch Photography website, Facebook and Instagram accounts.

 

The Photographer grants the Client/s permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Client/s. Sale, Publication or any Commercial use of the photograph/s is not allowed without prior written permission from the Photographer. If approval is given, credit of the image/s is to be given to The Photographer. The Client/s also agree under these copyright terms and conditions that they will not alter, edit, manipulate in any way, shape or form any of the images resulting from the photo session, including but not limited to Instagram filters, etc.

 

Social Media and Online Usage

This clause applies to all social media, including Facebook and blogs. When published online it is required that citation of the Photographer be made. The Client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The Client agrees to be responsible for any business, company, family member or friend who posts the photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in colour, or edited in any way.

 

The Client Consent

By booking and utilising the services of The Photographer, you understand that you as The Client give your irrevocable consent to the Photographer and her direct or indirect licensees and assignees to publish, republish or otherwise transmit the images of the Client in any medium for all purposes throughout the world. The Client understands that the images may be altered or modified in any manner. The Client waives any right they may have to inspect and approve a finished product or the copy that may be used in connection with an image that the Photographer has taken of me/us, or the use to which it may be applied. The Client further releases the Photographer and her direct or indirect licensees and assignees, from any form of damage, foreseen or unforeseen, associated with the use of the images.

 

Should a minor (under 18years of age) be present and photographed, the Client acknowledges that they are responsible to advise any of the individuals present at the photo session of the Photographer’s Terms and Conditions. Should the Client, individual or business within the image not wish to have their image/s shown on social media, they are to send an email to The Photographer within 24hours after the photography session has taken place.