Terms and Conditions
The Client shall be required to Sign the Client Services Agreement including Standard Terms and Conditions contained herein to undertake services with Bronwyn Parsons Photography. This is an electronic process sent to the Client on booking. Dates are open to the public for booking until secured by the Client with payment of the session fee and a signed Services Agreement, Standard Terms and Conditions has been submitted by the Client. The Photographer shall not undertake any pre-services or photographic work without payment of a session fee and a signed Services Agreement and Standard Terms and Conditions.
This agreement is dated %job_date%
It is made between Bronwyn Parsons Photography
And: %client_name% %client_surname%
The purpose of this contract is to record the terms agreed for a photographic assignment. All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of his Clients.
The terms of this agreement are:
means a piece of work to be undertaken by the Photographer under the terms of this agreement which is fully described as to terms and scope in the Instruction.
means all information about the parties, including:
· information created or arising from this agreement;
· information, comment or implication published on any internet social medium.
means the type of photography to be undertaken by the Photographer.
means all money payable by the Client to the Photographer, however described, for work on the Assignment.
Means digital photographic images recorded by the Photographer in any medium.
means a written instruction for a specific Shoot, as set out in the Schedule.
means any right of a person to the privacy of his personal image or other feature by which he could be identified. It also means a similar right in respect of any building or thing owned by any person.
means the occasion when the Photographer acts on the Instruction.
- Entire agreement
2.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
2.3. Nothing in this agreement shall create a partnership, agency or other relationship between the parties, other than the contractual relationship expressly provided for in this agreement.
2.4. Neither party shall have, nor represent that he has, any authority to make any commitment on another party's behalf, except as provided in this agreement.
- Warranties for authority
3.1. Each of the parties warrants that he has power to enter into this agreement and has obtained all necessary approvals to do so.
3.2. The Photographer warrants and undertakes that she is not aware of anything within her reasonable control which might or will adversely affect ability to fulfill obligations under this agreement.
- The contract
4.1. The Photographer agrees to provide the services to complete the Assignment for the Fees set out in the Instruction.
4.2. The Photographer is alone responsible for all taxes arising on money received from the Client and indemnifies the Client against any demand or obligation in respect of such tax.
4.3. The Photographer is not registered for GST
4.4. This is an umbrella agreement which regulates each Instruction separately.
4.5. A contract to undertake each Assignment is made when the Client makes payment of the retainer specified in the Instruction.
4.6. The Client agrees to provide clear, accurate, timely and complete information and fully cooperate with the Photographer to enable her to perform her part of this contract.
4.7. With effect from today the Client shall nominate a key person to give instructions to the Photographer and shall fully coordinate with the Photographer at the Shoot. The Photographer agrees that she will fully cooperate with the authorised representative to perform her part of this contract.
4.8. If the Client makes a significant change to the date, time or activities then the Photographer will try to perform his obligations under same terms as set out in this agreement. However, if it does happen then the Photographer will not be bound and may refuse to provide his services under changed circumstances.
4.9. Nothing in this contract shall prevent the Photographer from entering into a similar contract with any other person provided that the date/time of providing services on any other contract does not overlap with the agreed time and date of the Client.
- The Assignment
5.1. The work under each Assignment shall be set out in the Schedule Instruction. The Schedule Instruction will describe, among other data:
5.1.1 The Event
5.1.3 Services and Inclusions
5.1.5 Fee and payment
5.1.6 Standard terms and conditions
- Fee and payment
6.1. The Client agrees to pay the Fees set out in the Instruction.
6.2. The Client shall pay a non-refundable retainer (the “Retainer”) of ($150 Newborn Photography | $100 Family and Maternity Photography | $180 Cake Smash Photography) at the time of entering into this agreement. The balance of the package is due in full on the shoot date
6.3. The Retainer is payment for services that occur before the Shoot and compensates the photographer for time worked and partial loss of income in not booking any other client on the agreed date/time in the event of cancellation.
6.4. Payment shall be made by bank transfer or PayPal.
6.5. The Photographer reserves the right to charge the Client interest in respect of the late payment of any money due under this agreement at the rate of 3% per cent above the cash rate from time to time of the Reserve Bank of Australia from the due date until receipt of payment.
- Project management procedure
7.1. The Photographer will communicate with the Client to make detailed arrangements for the Assignment following payment of the Retainer the Photographer
7.2. The Client is responsible for providing clear, accurate, timely and complete information in the design questionnaire to enable the Photographer to perform her part of this contract. The design questionnaire will be forwarded at the time of booking. The Photographer will do her best to include those within the Assignment subject to having specific props in her collection, willingness of people being photographed, safety of people being photographed, time available in the shoot and subject to special requests being consistent with the Photographers online portfolio.
7.3. The Client will be responsible for informing people that photographs will be taken at the Event, and will indemnify the Photographer for all costs which might flow from a complaint by any person that the Photographer did not have permission to photograph that person.
7.4. Proofing images will be made available to the Client to finalize selections in a private online viewing gallery.
7.5. Delivery of the viewing gallery is 20 business days (excluding weekends and public holidays) after the shoot date for on time payments.
7.6. Delivery of the viewing gallery is 20 business days (excluding weekends and public holidays) after the payment processing date for late payments.
7.7. The Client agrees to finalize selections and inform the Photographer within 7 days of having received the proof copies.
7.8. The Photographer shall deliver digital images as ordered within 7 days of the Client having made the choices. The Photographer shall deliver printed photographs as ordered within 28 days or otherwise provide an update on out of stock or discontinued printed products, lab production delays or shipping delays. Longer print production and shipping timeframes may apply leading up to peak holiday periods.
7.8. Payment of the Client package is due in full on the day of the shoot. Payment for any add-on digital Images, add-on printed products, add-on non-standard editing services or other add-on services not included in the Instruction is due on invoice in full prior to orders being placed. All orders become final once placed.
- Cancellation of agreement and rescheduling
8.1. If the Client cancels this contract at least 14 days before the Shoot, the Photographer may retain the Retainer, but no further sum will be due.
8.2. If the Client cancels this contract with less than 24 hours of the Shoot, the full amount will be due, less a discretionary allowance for post Event work not done.
8.3. The Retainer is transferable to one single rescheduled date in the event of late delivery or extended hospital stay overlapping with the scheduled shoot date. Preferred rescheduled dates are subject to availability.
8.4. The Retainer is transferable to one single rescheduled date in the event of genuine illness with a minimum of 24 hours written notice required. Preferred rescheduled dates are subject to availability and may not be conducive to time sensitive photography. The Client forfeits the retainer for any subsequent rescheduled dates.
8.5. The Retainer is transferable to one single rescheduled date in the event of rain or in the event the photographer is unable to perform her duties due to illness or unavoidable circumstances beyond reasonable control.
8.6 The Client forfeits the retainer and the session deemed a no show if the Client fails to show within 30 minutes of the Shoot start time.
8.7 The Shoot commences and ends at the specified time.
8.8. Replacement consumables and the Photographers out of pocket expenses for rescheduled cake smash sessions are invoiced to the Client. Payment for replacement consumables is due on invoice. The Client may opt to proceed with a rained out Shoot in an outdoor under cover location or otherwise accepts the cost of replacement consumables to reschedule the date.
- The licence of Images to Client
9.1. The Client acknowledges that the Photographer owns all right, title and interest in and to the Images and that the Client has no right to use any of them outside the express terms of this agreement.
9.2. Money paid to the Photographer includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the Client has paid the Photographer the money due under this agreement and after the Clients chosen selections have been delivered.
9.3. The licence is personal, irrevocable, non-transferable and non-sub-licensable.
9.4. The licence is restricted so that unless the Photographer gives written authorisation the Client may not alter any Image created by the photographer, nor permit any other person to do so, without her permission in writing.
9.5. The licence is restricted so that unless the Photographer gives written authorisation the Client may not publish any Image created by the photographer, nor permit any other person to do so, without her permission in writing
9.6. The licence grants the Client authorisation to make unlimited print reproductions of purchased digital images for personal non-commercial use.
9.7. So far as any goodwill is generated by the Client's use of the Images it shall accrue to the benefit of the Photographer.
9.8. The Photographer reserves the right to publication of Images created during assignments for marketing, promotional, competition, professional awards and editorial purposes.
- Licence of “Model Rights” to Photographer
10.1. The Client grants all his Model Rights to the Photographer to enable him to carry out the Assignment.
10.2. The Client agrees that the Photographer may use her personal Model Rights in the form of Images taken in this Assignment, only:
10.2.1 to market her business as a photographer including print, social media and online publication;
10.2.2 to promote her business as a photographer including print, social media and online publication,
10.2.3 for submission to industry professional awards and competitions including print, social media and online publication
10.2.4 for editorial purposes
- Photographer's obligations
11.1. In working on the Assignment and in provision or delivery of any outcome, the Photographer will comply with:
11.1.1 the schedule Instruction.
12.1. The parties are aware that in the course of the performance of the Assignment they will each have access to and be entrusted with Confidential Information of the other. Accordingly, they undertake in respect of Confidential Information of the other of them, that both during and after completion of the Assignment, they will:
12.1.1 except as provided in this agreement, not divulge to any person whatever, or otherwise make use of (and will use his best endeavors to prevent the publication or disclosure of) any Confidential Information;
12.1.2 not use the Confidential Information in any way for himself or any other person, except in a way that is authorised by this agreement or by the proper authority of the other of them;
12.1.3 not publish Confidential Information on any social medium.
- Limitation of liability
13.1. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.2. The Photographer shall not be liable to the Client for any loss or expense which is:
13.2.1 indirect or consequential loss; or
13.2.2 economic loss or other loss of turnover, profits, business or goodwill; or
13.2.3 loss of amenity represented by the Client having no visual record of an Event.
13.2.4 loss or damage suffered by the Client as a result of an action brought by a third party.
The above provisions apply even if such loss was reasonably foreseeable or the Photographer had been advised of the possibility of the Client incurring it.
- Duration and termination
14.1. Work on the Assignment shall continue until terminated:
14.1.1 by completion of the Assignment and payment to the Photographer;
14.1.3 Harassment, bullying, discrimination, extortion tactics to gain additional services or products, offensive, aggressive or abusive behavior is cause for a cease and desist warning. One warning will be issued before the Photographer immediately terminates her services.
14.1.4 immediately by the Photographer if the Client fails to pay any sum due within 7 days of the date of submission of an invoice;
14.2. Without regard to the reason why this agreement ends, the Client will pay the Photographer for all work done to the time the notice of termination is received by the Photographer, calculated to the nearest one hour.
- Uncontrollable events
15.1. The Photographer is not liable or responsible for any failure to perform, or delay in performance of this agreement which is caused by circumstances beyond reasonable control (Force Majeure Event).
15.1. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond reasonable control and includes in particular without limitation 1. fire, storm, flood, earthquake, subsidence, epidemic or natural disaster. 2. Acts, decrees, legislation, regulations or restrictions of any government 3. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport 4. Impossibility of the use of public or private telecommunications networks 5. Riot, invasion, terrorist attack, threat of terrorist attack, bomb threat, threat or preparation for war, war (declared or not).
15.2. The performance of the Photographer is deemed suspended for the period of the Force Majeure Event with extension of time for performance for the duration of that period.
15.2. If any uncontrollable event delays or prevents the performance of the obligations of the Photographer for a continuous period of more than 6 months, the other party may give notice to terminate this agreement. The notice must specify a date at least seven days ahead, when the termination will take effect.
15.3. A termination notice is irrevocable unless both parties agree to re-instate this agreement.
15.4. If the agreement is terminated, all money due from one party to the other becomes due immediately.
15.5. The Photographer will take all reasonable steps to fulfill obligations under this agreement despite the uncontrollable event.
- Miscellaneous matters
16.1. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
16.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
16.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
16.5. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
16.6. In the event of a dispute between the parties to this agreement, both parties agree to engage in respectful mediation before commencing arbitration or litigation.
16.7. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
16.8. Any communication to be served on either of the parties by the other shall be delivered by hand, sent by express post or sent by email
|It shall be deemed to have been delivered:|
|if delivered by hand: on the day of delivery;|
|if sent by post to the correct address: within 7 days of posting;|
|If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.|
16.9. The validity, construction and performance of this agreement shall be governed by the laws of State of A.C.T and the parties agree that any dispute arising from it shall be litigated only in that State.
- STANDARD TERMS AND CONDITIONS
The Photographer and Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.
Fee and Payment
- Payment of a non-refundable retainer ($100 for family, maternity and sitter sessions | $150 for newborn sessions and $180 for outdoor cake smash sessions) is due on invoice issued at the time of booking to secure a date.
- Payment of the remaining package balance is due on the shoot date.
- Payment for add-on digital images, add-on print reproductions, add-on editing services, replacement consumables for rescheduled cake smash sessions or any other additional service not included in the instruction/schedule is due on invoice prior to orders being placed, work commencing and digital images being released for download.
Cancellation | Rescheduling
- The Retainer is not refundable. If the Client cancels this contract at least 14 days before the Shoot, the Photographer may retain the Retainer, but no further sum will be due.
- If the Client cancels this contract with less than 24 hours of the Shoot, the full amount will be due, less a discretionary allowance for post Event work not done.
- The Client forfeits the retainer and the session is deemed a cancellation if after 30 minutes from the Shoot start time the Client fails to show.
- The Retainer is transferable to one single rescheduled date under the following circumstances 1. late child birth or extended hospital stay (for child or mother) overlapping with the shoot date 2. Genuine illness with a minimum of 24 hours written notice required. Preferred rescheduled dates are subject to the Photographers nearest availability with the Photographers services typically booking out 2 – 3 months ahead. The retainer shall be forfeited by the Client for subsequent requests to reschedule.
- In the event of heavy or persistent rain (applicable to outdoor photography) the Photographer will provide the client with the option of proceeding undercover outdoors or rescheduling to the Photographers nearest availability. Preferred rescheduled dates are subject to availability with the Photographers services typically booking out 2 – 3 months ahead. No further allowances apply.
- In the event the Photographer is ill, the Photographer will postpone the Shoot and provide notice to the Client. The Photographer will reschedule the Client to the nearest available date without financial penalty to the Client.
- Cake smash photography: The Client is liable for any cost incurred by the photographer to replace consumables/materials (i.e. materials/consumables that can only be used once for an intended purpose) should the Client reschedule due to illness or rain. Payment is due on invoice prior to additional consumables and services commencing.
Return and Refund Policy
Digital photographs once ordered and sent to the Photographers private online gallery for Client access cannot be returned, refunded or exchanged. The Photographer is not liable to provide a refund if the issue is outside the control of the Photographer including but not limited to not liking a photograph, willingness to participate or willingness/ability of individuals participating in the Shoot to produce specific images in a manner desired by the Client. The Photographer is not required to provide a refund for change of mind, for insisting on having services provided in a particular way against the Photographers advice or for failing to clearly explain your needs in advance of the Shoot.
Custom printed products cannot be returned or exchanged. The Photographer is not required to provide a refund for change of mind. The Photographer provides no warranties for printed images only those of the manufacturer of printed products apply. All print orders are final on being placed and cannot be exchanged or amended once ordered with the exception of discontinued or out of stock items. The Photographer quality checks all products prior to delivery. Should your product be defective in materials or workmanship you must return the product to the Photographer for assessment by the manufacturer within 48 hours. Should your product be damaged from transit, you must return the product to the Photographer for assessment by the manufacturer within 48 hours. This does not apply to damaged caused by your own misuse or your own accidental damage or include incidental or consequential damage for materials placed into, affixed to or stored within the products. The manufacturer will replace any goods deemed through their assessment to be defective. The manufacturer will replace any goods deemed through their assessment to be damaged in transit.
The Photographer provides no warranties for digital or printed images only those of the manufacturer of printed products apply. The Photographer makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose. The Photographer is not liable for any third party claims or incidental, consequential or other damages arising out of the Client's License or the Clients use of digital photographs or printed photographs. The Photographer is irrevocably released from any damage or loss that may occur to digital photographs or printed photographs as a result of the Clients misuse or storage of them.
The Photographer makes no guarantee with respect to any issue of quality, type, style, number of photographs, visual or artistic appearance of the final product. Every effort will be made to ensure that the Client receives the highest possible quality product. Many factors outside of the Photographers control contribute to the outcome of a session, variety of images captured, number of images presented and the subsequent visual and artistic appearance of photographs including but not limited to:
- willingness and individual ability of persons participating in the Shoot
- safety of persons participating in the Shoot
- complexity and time required to achieve specific images
- how sensitive, settled, comfortable, willing and sleepy a newborn is
- time remaining in the event of lateness
- consuming a large portion in a shoot by insisting on continuing to peruse specific or complex images when participants are unwilling or unable to produce desired results
- consuming a large portion in the shoot by insisting on images not previously discussed or planned for against the Photographers recommendation for prior discussion.
- consuming a larger portion of a newborn shoot settling or comfort feeding
- lab processing delays (applicable to printed products)
- shipping delays (applicable to printed products)
- out of stock and discontinued printed products
- change of mind
- insisting on images from Pinterest or from other artists that are incompatible with the Photographers website portfolio.
- issues outside the control of the Photographer or Client
- natural light and environmental conditions for outdoor sessions
- change of mind
- Failure to adequately prepare by reading session information, the session guide and the contract
- Failure to provide clear, accurate, timely and complete information and fully cooperate with the Photographer to enable her to perform her part of this contract.
- insisting on services that are not included in the package inclusions
- issues outside the control of the Photographer or Client
Photographic materials, goodwill and copyright
Goodwill and photographic materials such as original negatives, slides, video and edited works are the exclusive property of the Photographer. The Photographer reserves moral rights to all work resulting from services with the Client and shall have a perpetual royalty free license to use such works for as samples online, samples in print, contests, awards, exhibition, advertising and self-promotion. The Photographer is irrevocably released and discharged claims or demands arising out of or in connection with the use of photographic images including defamation, copyright, privacy or right to publicity. The Client affirms legal guardianship of children under the age of 18 and consents to them appearing in photographs. In undertaking Services with the Photographer the same release applies to any other person who appears in the photographs.
Client Licence and Usage
The Client acknowledges that the Photographer owns all right, title and interest in and to the Images and that the Client has no right to use any of them outside the express terms of this agreement. By using Photographs for any other purpose other than stated in this agreement, copyright material is being used without permission in one of the ways exclusively reserved to the Photographer. Money paid to the Photographer includes a fee for the grant of a personal licence, the licence arises only after the Client has paid the Photographer and only after the Photographer has delivered the Clients selected images.
Client Licencing Permissions
- publication of low resolution cited (watermarked) images on personal social media pages
- unlimited print reproduction for personal use
Client Licencing Restrictions:
- the Client may not publish non-cited (non-watermarked) high resolution images, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not resell, re-license, sub-license, redistribute images, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not incorporate logos, trademarks or service marks, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not modify, edit, alter, apply filters or overlays, overlay text or graphics; nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not submit images to competitions or awards, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not submit use photographs in a pornographic, obscene, illegal, immoral, libelous, racist or defamatory manner, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not screen capture, download or photograph images from the Photographers website, proofing gallery or social media sites, nor permit any other person to do so, without the Photographers permission in writing.
- the Client may not download, screen capture or photograph images from the Photographers proofing gallery, nor permit any other person to do so, without the Photographers permission in writing.
- Is valid for one photography package of equal dollar value.
- A non-refundable retainer ($100 for family, sitter or maternity sessions | $180 for outdoor cake smash sessions | $150 for newborn sessions) is deducted from the gift on booking a date. The retainer is not credited towards subsequent sittings in the event of cancellation with less than 14 days-notice. Any unspent balance less the non-refundable retainer may be applied to re-booking a package of lesser price or the Client may otherwise opt to pay the difference in price.
- The non-refundable retainer is transferrable to one single rescheduled date in the event of illness, late birth or hospital stay overlapping with the booked shoot date. A minimum of 24 hours written notice is required prior to the booked Shoot date in the form of an email. Text messages, instant messages or social media notifications will not be accepted. The client forfeits the amount of the retainer for any subsequent rescheduling occurrences. Preferred dates are subject to availability with the photographer typically booking out 2 – 3 months ahead of time.
- Will be cancelled if your booked session results in a no show or reschedule that occurs less than 24 hours prior to the booked shoot date. Any unspent balance will be deemed void.
- Is for the recipient and their immediate family only (i.e. 2 adults and siblings). It can be used for a family session, a maternity session, a newborn session, a sitter session or an outdoor cake smash session
- On booking, the Client must participate in a phone consultation, complete a design questionnaire and sign a contract containing the terms and conditions herein.
- Preferred dates are subject to availability with the Photographer typically booking 2-3 months in advance. In the case of time sensitive newborn sessions pre-booking well in advance of the birth of your baby is strongly recommended.
- May not be used in conjunction with any other offer, voucher, credit or promotion
- Is valid for one use only
- Is not redeemable for cash, is not transferable to another individual and any unspent balance will be deemed void
- Will not be accepted if the expiry date has passed
- Cannot be split between multiple sessions. The entire amount must be applied towards one session
- Are subject to terms and conditions set out in the Client contract
Security and CCTV:
CCTV camera's monitor premises and may be used for quality and coaching purposes. Recorded sessions may also be provided to a third party if required by law or to protect copyright, trademarks, safety and other legal rights of the Photographer.
Photography and Video
It is understood that no other photography, amateur or professional, shall be allowed to photograph or video during the shoot, and that any breach of this agreement will constitute a reason for termination of the agreement. If the agreement is terminated, all money due from one party to the other becomes due immediately with no liability to the Photographer.
The Photographer keeps deliverable images for 12 months. The Client files shall be deleted from the Photographers local storage and local backups will be purged after 12 months. It is understood that the Photographer may provide copies within this period to the Clients spouse or partner in the event of relationship breakdown. A re-delivery fee of $35 applies.
The Client shall be responsible to supervise children at all times. The Photographer will not accept any responsibility due to any accident to children or damage to public or private properties during a shoot.
Fee's for additional editing
All deliverable images as per contract will have standard image editing (natural skin retouching and background retouching) as detailed under the services and inclusions to be provided. Any extra edits requested by the client will cost the client $45 per image if accepted by the Photographer. Editing additional images for presentation will cost the client $45 per image if accepted by the Photographer. It is also understood that unless hair, makeup and wardrobe styling is included in the contract, the Photographer is not responsible to fix hair, make-up, nails, wardrobe imperfections, corrections to visible undergarments or personal accessories (including watches and hair bands left on the wrist). The Client is responsible for ensuring that the personal presentation of participants is to personal taste prior to being photographed. The Photographer cannot replicate the editing style of another artist. The photographer does not undertake glamour editing, body sculpting, head swapping, dental correction, remove smile lines or signs of natural aging, lighten skin pigment or provide any modification to alter a person’s natural features, presentation or expressions. Digital backdrops for newborn sessions require advanced planning of lighting and prop layering textures. Editing newborns into digital backdrops chosen after the images have already been captured will not be accepted by the photographer.
Willingness to participate
The Photographer is not responsible for willingness to participate. A further booking charged at the prices in affect at the time of booking is required should the Client wish to schedule a re-shoot. The Photographer goes above and beyond to encourage children to participate. The Photographer makes every effort to gently settle newborns into posed positions. No complimentary re-shoots apply if the Photographer is unable to pose a newborn into the positions desired by the Client, if Children are not willing to cooperate or if participants are unable to produce specific images desired by the Client.
Maternity gowns (Maternity Sessions)
Gown viewings are held by appointment in studio on weekdays after 5pm. Gown’s may be collected by appointment 48 hours prior to the Shoot date. Gown’s must be returned by appointment within 48 hours after the shoot date. The Client is liable to pay for any damages to the gown in the amount of $100. This is a small portion of the cost to replace a gown. The Client is liable to pay the full cost of the purchase price of the gown should the gown not be returned. Payment is required on invoice. No digital or printed products will be released to the client until the purchase cost of a gown is paid.
Persons with symptoms of illness or in close contact with someone who is within 14 days of the shoot date must contact the photographer with a minimum of 24 hours’ notice and reschedule. Even if you regard those symptoms as minor (i.e. an unexplained rash or runny nose but otherwise feel fine) you must contact the Photographer to reschedule. Failure to disclose illness and attend the shoot anyway will result in cancellation with less than 24 hours’ notice and the session being terminated. If the Photographer is ill, the Photographer will contact the Client to postpone and reschedule the shoot with no financial loss. Preferred rescheduled dates are subject to availability with the Photographers services typically booking 2 – 3 months in advance.
COVID Safe policy
The Photographers COVID Safe Policy is mandatory for anyone entering our studio or participating in a session. Our COVID Safe Policy is published on the Photographers website under the Contact Us tab at: www.bronwynparsonsphotography.com.au. The Photographer reserves the right to cancel a session in accordance with the Photographers cancellation policy for illness with less than 24 hours notice if participants do not comply with these instructions or attend symptomatic of illness. Parents are responsible for ensuring children practice good respiratory and hand hygiene throughout the session and that physical distancing is maintained from the Photographer when practical.
The Photographer adheres to best industry practice for newborn safety. The Photographer is trained and experienced in all aspects of newborn safety and posing. Posed newborn photography is subject to age, safety and comfort with less posed and wrapped positions practiced for highly sensitive newborns, unsettled newborns, highly alert newborns and infants up to six weeks. The session is baby led and the Photographer cannot guarantee specific images or poses.
Sibling attendance (Newborn photography sessions)
Up to 2 siblings may attend in the last 20 minutes of newborn sessions specifically for simple less formal newborn/family photos. Clients can expect a greater portion of newborn images for in a newborn photography session with less focus placed on family photography. Siblings may not attend and you should contact us to reschedule if they are symptomatic of illness which also extends to what may be regarded as minor symptoms including runny noses, childhood diseases, coughs, unexplained rashes, temperatures, vomiting, diarrhea etc. Parents are responsible for supervising children and ensuring children comply with COVID Safe Policy.
- SCHEDULE |INSTRUCTION
Event: Newborn Photography
Package to be provided: %package name%
Total: %Package Total As Advertised on the Photographers Website%
Non-refundable retainer %Non-refundable portion $100 for family, maternity and sitter photography | $150 for newborn photography and $180 for outdoor cake smash photography%
Balance due on shoot date: %Remaining balance due on the shoot date%
Add-on digital images, add-on printed products and add-on services are invoiced separately.
The non-refundable retainer is due for payment on invoice to secure a booking. The date is not held or secured until the retainer is paid. The remaining balance is due for payment on the shoot date. Payment for any additional images, services or printed products is due on invoice prior to additional services commencing or print orders being placed and digital images being released for download. Payments are accepted by bank transfer or by direct debit/credit card via PayPal.
Commencement of services
The booking is secured and the Photographers services with the Client commence when
- The contract is electronically signed and submitted by the Client
- The Client has paid the Retainer to the Photographer
- The Client has electronically submitted a design questionnaire
Delivery time-frames for on time payments
20 business days from the date of the session. Business days are Monday to Friday and exclude weekends, public holidays and any holiday closure periods advised by the Photographer
Delivery time-frames for late payments
20 business days from when payment has been received by the Photographer. Business days are Monday to Friday and exclude weekends, public holidays and any holiday closure periods advised by the Photographer
Peak delivery time frames
Slightly longer time frames apply during the peak Christmas/New Year period or when the Photographer is closed during the Easter, Christmas and New Year period.
The Photographer selects up to the specified number of images corresponding to the Client's chosen package for Client presentation. Digital images are presented watermarked in proofing form in a private online gallery . The Client may select the number of images corresponding to the inclusions of their package. Selections must be finalized by the Client within the specified gallery expiry date being 7 days. A re-upload and hosting fee of $35 applies if selections are not finalized before the gallery auto expires.
Mode of delivery
The Clients chosen digital images are delivered for self-download in a private online gallery hosted online for 14 days. A re-upload and hosting fee of $35 applies if the gallery has not been downloaded by the client by the expiry date. Printed products may be collected when available by prior appointment from the studio.
Services and Inclusions to be provided
- Package inclusions as detailed on the Photographers website
Standard Editing Inclusions
- Natural skin retouching for newborns inclusive of the removal of non-permanent blemishes (with the exception of birth or stalk marks), reduction of newborn acne, reduction of newborn skin flakes, reduction of red skin pigment, reduction of purple skin pigment, jaundice reduction, eye lash sharpening, natural lip colour enhancement and evening out (not altering) natural skin tones.
- Natural skin retouching for adults and children over 12 months inclusive of blemish removal, eye brightening, sharpening lashes, enhancing natural lip colour.
- Retouching physical backdrops inclusive of smoothing out wrinkles and minor artistic adjustments to colour, contrast and exposure.
The Client accepts responsibility for viewing the portfolio of the Photographer and ensuring the Photographers style of photography is to personal taste prior to booking. The Photographer does not undertake all forms of photography and cannot replicate examples from the internet or the editing style of any other photographer nor can the Photographer produce identical images. The Photographer cannot guarantee specific images or posing. The Photographer determines the creative design and direction of the session using props and accessories from the photographers existing collection. All images are photographed and presented fully edited based on the experience and artistic view of the Photographer.
The Client is responsible for clearly detailing any specific requests in the Client Design Questionnaire prior to the scheduled phone consultation date. Requests made after this time must be made in writing by email with a minimum of 7 days’ notice and further discussion required. The Photographer must be given the opportunity to discuss any special requests prior to the shoot and will not accept requests made with limited to no notice without prior discussion. The Photographer makes no guarantee Client preferences can be met within the photographers existing collection of props. The Photographer makes no guarantee of specific images or poses nor can the Photographer guarantee individuals participating in the shoot will be willing or able to participate or produce results in a manner desired by the Client..
The Photographers session guide details how to prepare, what to wear, what to bring and what to expect. The session guide is forwarded by the Photographer to the Client on the commencement of services.
The Photographer provides the Client a 30-minute phone consultation 2 weeks prior to the session date. The purpose of the consultation is to discuss, provide advice and recommendations to responses provided in the design questionnaire and to answer any questions not covered in the session guide, pre-session information or contract. The photographer will share her planned workflow. In addition the Photographer will provide a summary of information previously sent to the client including how to prepare, what to wear, what to expect at the session, what to expect from newborns, babies and children, editing inclusions, package inclusions, delivery time-frames and mode of delivery. A summary of the Client consultation will be sent to the Client. The Client is responsible for clarifying any difference in understanding at this time.
All other communication with the exception of the client consultation must be made in writing by email. The Photographer is not liable for any claims for messages sent by mobile text or social network websites. The Client is responsible for detailing any concerns, dislikes or issues directly to the photographer at the time they arise and prior to delivery of digital images.
Fee's for non-standard editing
All deliverable images as per contract will have standard image editing (natural skin retouching and background retouching) as detailed under the services and inclusions to be provided. Any extra edits requested by the client to select images from will cost the client $45 per image if accepted by the Photographer. Any additional non-standard editing will cost the client $45 per image if accepted by the Photographer. It is also understood that unless hair, makeup and wardrobe styling is included in the contract, the Photographer is not responsible to fix hair, make-up, nails, wardrobe imperfections, make corrections to visible undergarments or personal accessories (including watches and hair bands left on the wrist). The Client is responsible for ensuring that the presentation and posing of participating family is to personal taste prior to being photographed. A mirror can be provided on request. The Photographer does not undertake glamour editing, body sculpting, head swapping, dental correction, remove smile lines or signs of natural aging, lighten skin pigment or provide any such services to alter a person’s natural features, expressions, positioning or actual photographed presentation.