FAMILY, PORTRAIT, NEWBORN
 PHOTOGRAPHY

TERMS AND CONDITIONS

Thank you for choosing FOR ABEL PHOTOGRAPHY (ABN 76 153 934 645) (hereafter “my”, “I”, “me”). This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to obtain the Goods and Services (‘the Terms’) supplied by me.

Please read these terms carefully before booking with me or before using my Goods and Services. The Terms enclosed are important because they set out the rights and obligations of you as the Client, when using my Goods and Services.

Your Booking is confirmed once you have accepted these terms electronically. However, in the event that you do not execute these terms via this method, but you pay the Booking Fee via a third party payment platform, you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you. 

  1. Scope of Goods and Services 

    1. I provide professional photographic Goods and Services that are outlined in the package inclusions page at www.forabelphotography.com (‘the Goods and Services’) which arise from a time, date and location as agreed between the parties (‘the Photo Shoot’).

  2. Expression of Interest

    1. You acknowledge that until your session fee is paid, your enquiry (whether by email or by telephone) is an expression of interest only and not a binding agreement for me to undertake the Photo Shoot.

    2. An expression of interest means that a proposed date for the Photo Shoot is “held” for a period of seven (7) days from the date of the formal expression of interest. After that period of seven (7) days, I cannot guarantee that the proposed Photo Shoot Date will be available.

  1. Payments

    1. You agree to make payment for the Goods and Services as outlined in the package inclusions page at www.forabelphotography.com and any other additional payments required in accordance with these terms. 

    2. I will provide you with a receipt for the Booking upon check out and which is paid in accordance with Clause 3. Any payments made to me must be made via EFT, Credit Card or Third-Party Payment Provider.  

    3. Where you receive or make payment of the service through the assistance of a Third-Party Payment Provider such as Square (‘TPPP’), you acknowledge that you have read over those TPPP terms and conditions thoroughly. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP. You agree to keep their information including their email address and payment details up to date so that the TPPP and we can process payment and contact you as needed in connection with the provision of the Order.

    4. Failure to pay monies due means that I have the right to suspend or withhold the provision or performance of Goods and Services until such payment is made. 

    5. I reserve the right to increase the price of the Goods and Services where there has been a change in scope of Services, extra Goods, additional hours or increase in labour. The additional charges are payable within thirty (30) days of invoice. 

    6. Where I am required to undertake substantial travel (being more than two hours from my business location), interstate and/or internationally, you are required to pay for accommodation, flights to the destination and car hire for me. 

  1. Cancellation of Booking 

    1. You may cancel this agreement at any time by notifying me in writing. The cancellation will be subject to the terms below.

    2. Where you give me proper notice, being two (2) weeks prior to the Photo Shoot Date (‘Notice’), any monies to me will be returned to you as soon as reasonably practicable. Upon providing Notice, you may also postpone your Photo Shoot Date to a date mutually agreed between us. If a date is agreed, your session fee may be transferred to that new Photo Shoot Date. Where reasonable attempts have been made to find a mutually acceptable new Photo Shoot Date and parties are unable to agree, I will refund all monies in accordance with these Terms.

    3. Where Notice is not, or cannot, be provided, your Booking is treated as cancelled. I will retain any monies paid, including the Booking Fee, unless otherwise agreed. Such decision will be made at my discretion and only in exceptional circumstances.

    4. Clause 5 does not apply to genuine force majeure circumstances, which are dealt with in Clause 12 of these Terms.

  2. Post-Production

    1. I pride myself on giving quality photos. Therefore, the postproduction of your images can take a minimum of six (6) weeks to edit and/or complete. 

    2. If relevant to the Goods and Services purchased by you (such as the purchase of items such as albums or framed photographs), the time to produce any products will depend on my selected supplier who created these products. I will endeavour to keep you updated on the progress of these products.

    3. After the completion of post-production, we will provide you with a gallery link. This gallery will contain all images of a professional standard that ensures my professional integrity is upheld. It remains at my discretion to which photos are deemed not useable.

  3. Intellectual Property 

    1. My photographs, digital negatives and prints are protected under all relevant Copyright Laws (with all rights reserved) and may not be reproduced, duplicated or altered in any manner without my explicit written permission.

    2. You must not edit, change, add to, take from, crop, alter or otherwise amend the photographs without my prior consent. You must also ensure that when making the photographs publicly accessible on social media, that no filter or editing mechanism is used to alter the photos.

    3. Upon final payment by you, limited copyright ownership of the resulting images will be transferred to you under the following conditions:

      1. Final images are the property of yours for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives;

      2. You must obtain written permission from, and compensate me where you, your friends or relatives publish or sell any photographs by me for profit or attribution;

      3. You are unable to use any of the images for commercial or editorial purposes, or enter any images into competitions without my express written permission; and

      4. Any uploading of images to social media should be accompanied by a link to my website and/or Facebook business page or Instagram page.

  4. Model Release

    1. You hereby assign and grant me an irrevocable and unrestricted right to (i) use and publish photographs of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.

    2. You acknowledge that it is your responsibility to obtain the necessary assignment of rights to me from those persons who are to be featured in the Photo Shoot so that I can freely use and publish the photographs of those persons.

    3. You hereby release me from all claims and liability relating to the use of my Goods and Services. It is agreed that I am allowed to display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by me.

  5. Cooperation

    1. The parties agree to positive cooperation and communication for the best possible provision of Goods and Services. I am not responsible for key individuals’ failure to be present or to cooperate during the Photo Shoot, neither for missed images due to details not revealed to me. 

    2. You acknowledge that it is not my responsibility in circumstances where I am unable to take certain photographs because of limitations such as weather or space. 

    3. It is your responsibility to ensure that the location that you have selected for your Photo Shoot is safe, easily accessible and with sufficient light. You are also responsible for obtaining the necessarily permits required in order for your Photo Shoot to be held at that specific location.

    4. You acknowledge that in order to avoid low quality photographs, I may need to use lighting and other related equipment. Where footage may be impacted by poor lighting, I may also direct you, or others who are being photographed, to relocate to a place where there is better lighting. Where you, or another person, refuse to allow lighting at the reception, or refuse to move to another location, I cannot be held responsible for the quality of the photographs.

    5. You acknowledge that the photographs may be different from photographs done by me in the past. In creating your photographs, I shall use my own creative artistic judgment to create photographs consistent with my personal judgment and consistent with my vision and style, which may differ from that you have. Accordingly, you acknowledge that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria. 

  6. Subcontracting of Services 

In the unlikely event of a severe medical, natural, or other emergency, I will make every effort to secure a replacement photographer. If a suitable replacement cannot be found, responsibility and liability is limited to the return of all payments received for the Goods and Services.

  1. Warranty, Liability and Indemnity

    1. To the extent that the Australian Consumer Law allows, I provide the Goods and Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Goods and Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.

    2. While I take the upmost care with respect to exposure, storage and processing of photography files, it cannot and does not, guarantee that photography of your Photo Shoot Date will not be lost, stolen, or destroyed for reasons within or beyond its control. Where this has occurred, and it is deemed my fault, I will provide a full refund. 

    3. To the fullest extent permitted by law you agree that I will not be liable to you or any person for any claim resulting from or arising out of your use (or inability to use) the Goods and Services. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

    4. To the fullest extent permitted by law, you agree to indemnify me for and against all claims of loss and damage, including reasonable legal costs, resulting from any breach of the Terms, the provision of the Goods and Services, or any activity related to your use of the Services (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.

  2. Force Majeure

    1. I will not be liable or responsible for any failure to perform, or the delay in performance of, any of my obligations under the Agreement that is caused by any act or event beyond my control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘genuine force majeure circumstances’). 

    2. In genuine force majeure circumstances, I will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. A postponed Photo Shoot Date must be within twelve (12) months from the original Photo Shoot Date. Where you postpone and you wish to book a date beyond twelve (12) months from your original Photo Shoot Date, you will be subject to these Terms once more, and you may be required to pay a further amount if the price of the Goods and Services increase.

    3. The parties must use all reasonable endeavours to mutually agree on this new date, but if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies, excluding the Booking Fee, will be returned to you. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure circumstance, I will credit any amount paid already for a date that can be mutually agreed. 

  3. Jurisdiction

These Terms are governed exclusively by the laws of South Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in South Australia.

  1. Severability and Waiver

If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Agreement. Any failure by me exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to the you in writing.