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.
BRONWYN PARSONS PHOTOGRAPHY CLIENT SERVICES AGREEMENT SUMMARY
The Parties agree that the terms set forth above in the Photographer Services Agreement Summary and the Standard Terms and Conditions form a binding agreement between the Photographer and the Client.
Client means the Client specified in Item 1 of the Summary
Expenses means the expenses incurred by the Photographer and to be paid by the Client and set out in Item 3 of the Summary
Fee means the total fee as specified in Item 2 of the Summary
License means the license granted by the Photographer to the Client for Uses of Photographs as specified in Item 5
Photographs means the finished photographs taken by the Photographer and as chosen by the Client and detailed in Item 2 of the Summary
Photographer includes any employees, assistants, or any other parties engaged by the Photographer specified in Item 1 of the Summary to provide the Services.
Services means the services provided by the Photographer and set out in Item 2 of the Summary
Summary means the Photographer Services Agreement Summary attached to this Agreement which forms part of this Agreement
PHOTOGRAPHER: Bronwyn Parsons T/A Bronwyn Parsons Photography (ABN: 33 784 371 034). 5 Myers Place Kambah, A.C.T. 2902
The photographer will provide the Client the following services: %package_inclusions%
The photographer shortlists the best images from the day in accordance with package inclusions to edit and present for Client Selection. Editing includes natural skin retouching and enhancement of the overall image in a style consistent to the photographers website portfolio.
For pre-booked newborn sessions: Two dates are placed in the Photographers calendar for babies yet to be born. The date that falls closest to the arrival of the Client’s baby becomes the session date. For all other sessions a single session date applies:
Date: %job_date% Location: 5 Myers Place Kambah Time: %job_time%
3. FEES|PAYMENT TERMS
The Client will pay the Photographer an initial non-refundable session fee on booking in the amount of: %package_session_fee%
Session Total: %package_session_total%
Balance due one business day before the session date: %package_session_balance%
An administration fee of $35 applies to re-upload online galleries after the expiry date has passed. 8% interest is charged on late payments past seven days overdue. Payment in full is required prior to the session date. The Photographer shall not commence post-processing gallery images or facilitate viewing without payment in full.
Payment types: Bronwyn Parsons Photography accepts payment by bank transfer, credit card/debit card via Paypal or in cash.
Cancellation Fee: The Client shall forfeit the session fee of $150 if the Client cancels the Services or requests to re-schedule the session with less than 14 business day’s notice. The Client shall be eligible to transfer the session fee to an alternative date if the Client provides written cancellation of Services within 14 business days’ of the session date. The Client shall forfeit transfer of the session fee to an alternative date if the Client cancels the Services with less than 14 business days’ written notice.
Fee for additional editing services:
Previews shall be provided watermarked, fully edited ready for selection and final delivery. The watermark is removed from high resolution images on final delivery. A fee of $75 per image for additional editing applies. This includes:
- Revisions to the Photographers selections
- The presentation of additional images not included in 2. Services
- Additional editing inconsistent with skin retouching and not included in 2. Services
- Corrections to personal appearance (visible undergarments, wardrobe imperfections, hair, nails, clothing, facial expressions, mannerisms, posing, body sculpting, head swapping)
Custom items and services:
The Photographer shall provide the Client with items and services stated in 2. Services. The Client is responsible for supplying any additional desired items or services not included in 2. Services. Alternatively the Client agrees to be invoiced for the Photographers additional time to source, arrange and purchase custom item(s) and custom services (s) not included in 2. Services with payment on invoice required prior to custom items and services being sourced, arranged and purchased. Bronwyn Parsons Photography provides no warranties for custom items or services only those of the manufacturer or service provider apply. Bronwyn Parsons Photography provides no warranties for shipping time-frames and only those of the manufacturer or service apply.
Add-on Printed Products
Payment of add-on custom printed products and associated shipping charges not included in 2. Services is due in full by the Client prior to orders being placed. A minimum purchase of $150 is required. Clients opting to invest upwards of $500 in printed products will be presented their gallery in person rather than online. A print consultation is also facilitated at the in person gallery viewing with digital and print orders to be finalized and paid for in full on the day. The Client shall be responsible for any costs incurred by the Photographer to make changes to the order after the order has been finalized, placed and paid for. Bronwyn Parsons Photography provides no warranties for printed products only those of the manufacturer of printed products apply.
On final delivery and receiving payment in full, The Photographer shall grant the Client a perpetual personal-use license to use Photographs as described in Item 6 and in the Territory described in Item 8. The Photographer retains copyright and ownership of all works resulting from the client’s session under the Australian Copyright Act 1968. The Photographer reserves moral rights to all digital negatives and creative works resulting from services and shall have a perpetual royalty free license to use such works for samples both online and in print. This may include submission to professional 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 images, including defamation, copyright, privacy or right to publicity. Clients affirm legal guardianship of children under the age of 18 and consent to them appearing in photographs. In undertaking services with Bronwyn Parsons Photography the same release applies to any other person who appears in the images.
6. USES AND TERM OF USE
Preview images are initially delivered fully watermarked in low resolution and are provided for viewing and selection purposes only. Online gallery preview images are hosted for a limited time period of 3 calendar days. Preview images are subject to copyright. Screen capturing or downloading preview gallery images or removing logos without the expressed consent of the Photographer is considered theft and subject to damages sought by the Photographer and penalties as determined by law.
On finalizing selections, the Client shall be granted a limited license of 14 calendar days to download chosen digital selections from a private online gallery in accordance with the website terms contained on the Bronwyn Parsons Photography website at: http://www.bronwynparsonsphotography.com.au/website-terms.
By entering into this agreement the client is bound to the following Personal Use Licencing terms and conditions:
Personal-use license terms (what the Client may do):
- The Client may display photographs containing the Bronwyn Parsons Photography watermark on personal social media pages
- The Client may not display photographs that do not contain a watermark online
- The Client may store a copy of high resolution photographs on personal devices for non-public view
- The client may make unlimited image prints of high resolution photographs for personal use
Personal-use license terms (what the Client may not do)
- The Client shall not Resell, re-license, sub-license, redistribute without express written permission from the creator Bronwyn Parsons
- The Client shall not use photographs to charge money, collect fees, or receive any form of remuneration
- The Client shall not use photographs for advertising or commercial purposes
- The Client shall not Incorporate photographs into trademarks, logos or service marks
- The Client shall not make photographs available for public download
- The Client shall not modify (edit) works from the way in which they were delivered by the Photographer to the Client. Photographs must remain in their original form. (this also extends to applying overlays or text used by phone apps and social media sites)
- The Client shall not submit photographs into competitions
- The Client shall not use photographs in a pornographic, obscene, illegal, immoral, libelous or defamatory manner
- The Client may not screen capture or photograph images from Client preview galleries, Bronwyn Parsons Photography branded social media or Bronwyn Parsons Photography websites without expressed written permission from Bronwyn Parsons Photography.
The Client shall be provided duplicate low resolution watermarked versions of photographs to display on personal social media pages. The Photographer must be credited by the Client.
This agreement is made in the jurisdiction of Canberra, Australian Capital Territory, Australia
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.
Creation fee: The Client shall make an initial payment of a non-refundable creation fee to the Photographer on booking to secure the session. The creation is not an additional payment and is deducted from the balance the Clients total package amount. The creation fee is payment services that take place in advance of the session including planning, administration, email communication, phone communication, purchasing (for select session types), associated travel (for select session types) and for the Photographer’s time and talent at the actual session itself. The session fee further compensates the Photographer for foregoing income by not scheduling any other client on the agreed date and time of the session and is not refundable in the event of cancellation.
Bronwyn Parsons Photography services agreement and standard terms and conditions: The Client shall be required to Sign the Services Agreement and Standard Terms and Conditions contained herein to confirm session dates in the Photographers calendar. The session date is not scheduled or considered booked until the creation fee is paid and the Services Agreement and Standard Terms and Conditions herein has been signed by the Client. Pre-services, planning and photographic services will not commence without payment of the creation fee and a signed Services Agreement and Standard Terms and Conditions.
Gift vouchers and gifted sessions: Gift vouchers are not gift cards. Gift vouchers or gifted sessions:
- Must be redeemed by the bearer within 12 months from the issue date and are valid for the session type and Services originally purchased
- Are not redeemable by the bearer for cash, are not transferable to a different session type and any unspent balance will be deemed void.
- Are not transferable to another person(s)
- The Photographer works by appointment only and it is essential (especially in the case of time sensitive newborn photography) that the bearer contact the Photographer after receiving a voucher so that session dates can be booked well in advance of a preferred or expected due date. Bookings are subject to availability.
- Gift vouchers may not be used in conjunction with any other offer or promotion.
- The Photographer does not undertake all forms of photography and gift vouchers apply to the session type and Services that apply to that session type as purchased by the giver.
- The bearer of a gift voucher or gifted session is subject to the Photographer Services Agreement Summary and Standard Terms and Conditions herein
Cancellation: If the Client cancels this agreement or requests to re-schedule with more than fourteen (14) calendar days before the session date, any creation fee paid to the Photographer shall be credited towards a new booking at the next available date. If the cancellation occurs with less than fourteen (14) calendar days before the session date, the Client forfeits the creation fee. Cancellations must be made by the Client in writing by email.
The Photographer shall deem the session a Cancellation and shall have no further liability in respect to this agreement under the following circumstances: 1. failure to show 2.arrives more than 30 minutes late 3. disregard for the Photographers health and safety policy placing others at risk 4. persons participating in the session demonstrate abusive or aggressive behavior in the Photographers presence 5. The Client attempts to extort additional products and services not included in 2. Services by withholding payment or making defamatory statements.
Payment: The Client shall make payment of the creation fee within two (2) calendar days of booking to secure the services of the Photographer. Dates are automatically released to next in line after 2 calendar days. Payment of the balance is due on the date of the session or by prior payment agreement in writing between the Photographer and Client. Payment for add-on printed products or custom items not included in 2. Services is required to be paid to the Photographer by the Client in full prior to orders being placed. All orders become final after they are placed.
Copyright and intellectual property: The Photographer retains copyright and ownership of all Photographs resulting from Services under the Australian Copyright Act 1968. The Photographer reserves moral rights to all digital negatives and creative Photographs resulting from Services and shall have a perpetual royalty free License to use such works for as samples online, samples in print, contests, 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 photographs, 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.
Personal-use license: A perpetual personal-use license shall be granted to the Client on delivery of final images, granting permission to download images from the Client gallery hosted online by the Photographer for 14 calendar days. The Client shall be granted a print release to make unlimited reproductions (prints) for personal use. Photographs may not be used for commercial purposes or in any way in which the Client receives remuneration. The Photographer retains copyright and ownership of all digital negatives and creative photographs produced from the Services and as such the Client understands unauthorized alteration or use of Photographs is unlawful and subject to statutory prosecution. . The Client understands that applying filters, overlays, text, cropping (with the exception of forced cropping on the Facebook timeline) overlays, text overlays or any other type of filter constitutes modification is unauthorized alteration or use and subject to statutory prosecution. The Client understands that screen capturing images from the Client preview gallery is theft and is unauthorized use of copyrighted material. Any such unauthorized use is subject to statutory prosecution.
Full copyright is available to purchase for $2000.00 per image. The Client understands they are purchasing the right to make unlimited prints and that copyright is retained by the Photographer. By using Photographs for any other purpose other than stated in item (6) of the services agreement summary, copyright material is being used without permission in one of the ways exclusively reserved to the Photographer. The Photographer shall respond to copyright infringement by invoicing the Client the full amount of copyright per image. The Client shall have fourteen (14) calendar days to pay in full before legal action is initiated and the Photographer seeks payment of copyright and compensation for any financial damages.
Social media: The Photographer retains copyright and ownership of all Photographs resulting from Services under the Australian Copyright Act 1968. The Photographer reserves moral rights to all digital negatives and creative Photographs resulting from Services and shall have a perpetual royalty free License to use such works for as samples online, including on social media.
The Photographer must be credited online. Low resolution duplicate digital images with a small watermark shall be provided to the Client by the Photographer for the purpose of crediting the Photographer online. Images must be displayed in a manner that presents an accurate representation of the work produced by the Photographer.
The Client may display watermarked Photographs on personal social media pages but not enter them into any competition or website that attributes ownership. High resolution Photographs are not permitted to be shared online. The Client agrees that they will under no circumstances alter any photographs displayed online and is also responsible for any family member or friend who publishes Photographs resulting Services.
Photographs may not be copped (with the exception of forced social media cropping), be overlaid with filters, be altered in colour, have text overlaid or be edited or altered in any way. The Photographer reserves the right to seek damages for misrepresentation of Photographs and to seek compensation for infringement of copyright to the full extent of the law. The same release applies to any other person who publishes Photographs produced by The Photographer,
Warranties: All Photographs are delivered by the Photographer to the Client “AS IS” The Photographer provides no warranties for digital or printed products 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 Photographs. No returns or exchanges are provided for digital images. Due to the original custom nature of digital art, all transactions are final after the Client is issued a download pin and password. The Photographer shall provide download instructions to the Client on final delivery but shall not be responsible for the Client’ software to unzip and open files. The Photographer is irrevocably released from any damage or loss that may occur to digital files as a result of the Clients use or storage of them.
Guarantees: 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 contribute to the outcome of a session, including the cooperativeness of the subject. how settled a newborn is, newborn safety, lateness, personal appearance and presentation, natural light conditions or environmental conditions. The Photographer makes no guarantee with respect to the quality, appearance or longevity of any printed product, and only those guarantees made by the manufacturer of said product(s).
Editing services: Photographs shall have standard natural skin image editing (including: light skin retouch, light and colour adjustment, blemish removal and correction to zoned areas of newborn skin heavily saturated in magenta) consistent with the style contained in the portfolio of the Photographer. The Photographer does not undertake fashion editing or glamour editing. The Photographer does not undertake photo manipulation or body sculpting and shall not alter personal presentation unless requested in writing by email prior to the session. The Client is responsible for communicating any insecurities in relation to personal appearance prior to the session to enable the Photographer to provide recommendations on wardrobe selection and styling. Any additional editing or revisions requested by the Client will incur an editing fee of $75 per image payable in advance of additional work commencing.
The Photographer shall not be responsible for personal appearance of the Client. Hair, make-up, nails, wardrobe imperfections, the visibility of undergarments, fluff on clothing, personal accessories, personal presentation in a pose, mannerisms or expressions is the responsibility of the Client. It is the Client’s responsibility to ensure personal appearance is to the Clients personal satisfaction prior to being photographed. The Photographer holds no responsibility for personal insecurities or self perception of personal appearance. The Photographer is unable to replicate the editing style, lighting and look of another photographer and is unable to re-create you to appear differently to how you actually present in person. The Client accepts that all photographs will be taken and edited at the discretion of the Photographer based on the experience and artistic view of the Photographer. The Client accepts responsibility for viewing the portfolio of the Photographer and ensuring Bronwyn Parsons Photography’s style of photography is to personal taste prior to booking.
Composite editing and digital artistry In accordance with best industry practice, The Photographer undertakes safety precautions for newborn sessions by using an assistant or parent to “spot” or support newborns into select positions . The Photographer shall use composite editing techniques to overlay several images to remove hands in the final image. The Photographer shall use composite editing techniques to produce the illusion of hanging nests, newborns suspended in parents hands or arms and for froggy pose.
A fee of $35 applies to composite editing newborns into digital backgrounds with advanced planning of light, surface textures and posing required. We are unable to accommodate requests for digital backgrounds on the day of the session or with less than 5 days notice.
Exclusive custom created digital artistry is not included in general session types, is commissioned separately and produced into fine art print only.
Style of photography: The styling of the session, style of photography and style of editing is determined by the Photographer. The Client is responsible for viewing the Portfolio of the Photographer and ensuring the style of photography is suited to personal taste prior to booking. Any special requests for styling or variations to editing or photographic style of the Photographer must be communicated at the time of booking so that the Photographer can determine if this need can be met prior to entering into an agreement with the Client and within the pricing of the session
Delivery: No unedited “RAW” photographs shall be available for viewing or available to purchase. The Photographer shall select the best images from the day and edit them to the style consistent with the Photographer’s portfolio in accordance with the editing Services provided and inclusions specified in the Services. Delivery time frame is up to 20 business days (excluding weekends and public holidays) with slightly longer delivery times expected during peak periods. Images shall initially be presented in watermarked preview form and will be made available for viewing in a private online gallery for three (3) calendar days. The Photographer shall communicate delivery of galleries by email. Print orders and selections must be finalized within this time frame. Delivery of high resolution and duplicate web resolution Photographs shall be facilitated when the Client has instructed that selections are final and on completion of payment. Orders for a la carte printed products not included in Services must be placed and paid for in full at this time. The Photographer shall communicate delivery of final galleries by email and provide a download pin and password at this time. Final galleries shall be hosted online for fourteen (14) calendar days. A fee of $55 applies to re-upload the gallery after the expiry date. Production and delivery of printed products is approximately three (3) weeks. The Photographer shall communicate the arrival of printed products by email and establish a collection appointment with the Client at this time. No digital or printed products will be delivered without payment in full.
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 provide the client the option of a re-scheduled session OR 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 or lost through camera malfunction without fault on the part of the Photographer.
High-Resolution: Refers to Photographs deliverable in High-Resolution (or known as High-Res) are 300 DPI supplied un-watermarked
Web-Resolution: Photographs deliverable in low-resolution (or known as Web-Res) are 96 DPI supplied watermarked at 2048 pixels on the longest side of the image
Storage: The Photographer keeps digital files presented to the Client for up to 12 months after the session date. The Client or any other persons appearing in the Client’s photographs may obtain a copy of purchased photographs within this period for an fee of $65. The Client files shall be deleted from the Photographers local storage and local backups will be purged after 12 months. The Photographer reserves the right to provide photographs to persons appearing in the Clients session in the event of relationship breakdown.
Liability: 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 the photography sessions or studio attendance.
Photography and Video: No photography or video is permitted other than by the Photographer and any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer. The Client shall forfeit the session fee under these circumstances.
Willingness to participate: The Photographer is not responsible for the cooperativeness of subjects and no complimentary re-shoots apply. Every effort is made to encourage children to participate and to sooth newborn clients to an acceptable safety level for posing. No complimentary re-shoot will apply if the Photographer is unable to pose newborn babies into the positions desired by the Client or if Children are not willing to cooperate or do not produce the desired expressions.
Communication: All communication with the Photographer with the exception in person interaction and phone consultations shall be in writing by email or through the contact form provided on the Bronwyn Parsons Photography website.
Health and Safety policy: The Photographer is bound to the recommendations set out by the ACT Health Department. The Photographer has an exclusion policy for studio based sessions of 48 hours following gastroenteritis, vomiting, viral infection or any other type of transmittable illness to ensure the Photographer and other clients are not placed at risk. The session fee is forfeited by the Client in the event of cancellation. Bronwyn Parsons Photography reserves the right to deem the session complete in accordance with the terms of our cancellation policy should anyone attending present with symptoms of illness. Services shall be deemed complete, the Client shall forfeit the session fee and the Photographer shall have no further liability in respect to this agreement.
The Photographer adheres to best industry practice for newborn safety. Posed newborn sessions shall be performed by a Photographer trained in newborn safety and posing. Posed newborn photography is subject to age restrictions (5 – 16 days) with less posed positions practiced for infants up to six weeks. Posing is subject to safety, capability and the comfort newborn subjects. The Photographer shall assess potential risks prior to posing newborn subjects and will not undertake select poses if the subject cannot be settled to an acceptable safety level.
Siblings may not be present before the commencement of family newborn photography. Children must be accompanied by their parent/legal guardian and be closely supervised at all times. Children are not permitted near the Photographer whilst they are working with a newborn or near props and equipment unless it is under close supervision to have their photograph taken.
Newborn session attendance and participation: is for newborn parents only with the largest portion of the session dedicated to newborn photography. Siblings may attend the family newborn segment scheduled in the last 30 minutes of the session but must not attend before the scheduled start time for the family newborn segment. The Photographer maintains an environment conducive to newborn photography achieving results by keeping stimulation at a minimum for newborn clients. The Photographer is unable to include extended family or additional persons in studio and attendance is restricted to newborn parents.
Cake smash photography: The Photographer holds no liability for minor imperfections that may occur during the supplier’s transit of the cake. and balloons. The Photographer is not responsible for the way in which the camera interprets colour or how that colour casts onto skin. Clients are encouraged to follow the recommendations of the Photographer when selecting a colour scheme. It is further recommended that Clients view the available colours (inflated) in person by visiting any Big W party store. If in doubt how a particular colour will photograph it is strongly recommended a test shot be arranged with the Photographer at least 4 weeks prior to the session date. The Client is responsible for the purchase and delivery to the studio of any balloons for requested test shots and for any Custom items supplied by the client to be included in the set-up. A fee of $30.00 applies for a test shot.
Aggressive behavior, Harassment, Intimidation, Extortion and Defamation
The Photographer has the right to a carry out Services and delivery free from violence, verbal abuse, harassment, intimidation and threats of defamation. Additional Services not covered in item 2. Services in the Services Agreement are not complimentary and the Photographer has the right to be remunerated appropriately for additional work not included in 2. Services. The Photographer will deem the session complete, retain the session fee, archive images and have no further liability in respect to this agreement if subjected to intimidation, acts of defamation or if payment is withheld in an attempt to extort items or services not included in 2. Services.
The Photographer reserves the right to terminate the session, retain the session fee, archive images and shall have no further liability with respect to this agreement. if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Client’s session. One cease and desist warning will be issued, if it happens again, the Photographer shall have no other option but to leave the session and terminate the agreement. The Photographer has a legal and moral obligation to report concerns for personal welfare, the welfare of children or other person(s) present at the Client’s session.
Security and CCTV: CCTV camera’s monitor the studio and may be used for quality and coaching purposes. Footage 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.
The Parties agree that the terms set forth above in the Photographer Services Agreement Summary and the Standard Terms and Conditions form a binding agreement between the Photographer and the Client. Signed as an Agreement by the parties.
I confirm that I have read and understood this contract, and I agree to enter into this contract with Bronwyn Parsons Photography