Terms of service.
Both Photographer and Client agree to abide by the full terms of this contract at all times.
1. Payment: Client agrees to pay Photographer the non refundable deposit if required for the service type or full fee at the time of booking and understands how many edited images are included in the package (if applicable). If deposit is paid, the remaining payment should be made 24 hours prior to the photography session or upon arrival to the session. Client acknowledges that additional photographs (digital or print) are available for purchase above and beyond the package inclusion and can be purchased at additional cost, this can be done directly from the secure online gallery.
2. Cancellation terms. Family/ Newborn Session cancellations: incur the non refundable deposit amount paid at the time of booking(if applicable). If rescheduling a second non refundable deposit is required to secure the new booking date. Print/ download orders: Once an order has been placed through the gallery, it can not be cancelled, so please take great care prior to placing your order.
3. License & Intellectual property: The Site, products and services contain intellectual property owned by us and/or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files and software (“Content”). Your use of the Site, the products and/or the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the content.
4. No Commercial use.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, the products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
Free or paid content, where you download or purchase our digital products you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal/ single use. You may not assign or transfer the Digital Products to any other person without Our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.Images are provided to Client with a ‘personal use, royalty free, perpetual license’.
You are permitted to print your photos and make copies of your images for personal use. You may also submit them to online or print publications once written consent is obtained, social sharing is fine. Any publicised images, notices or media use requires written consent (ie. Magazines, Newspapers, Blogs, Websites, etc). Images may not be used by Client in a commercial capacity or for financial gain without written consent & purchasing an extended rights licence.
5. LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
6. Indemnity To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
7. Privacy: Client agrees to provide Photographer with access to all required personal data for the purpose of providing access to the secure gallery, this must include either the email or mobile number of each client, without this information, the gallery cannot be set up. See Privacy policy for more information.
8. Photographer will provide watermarked proofs digitally online from the session for client to review and select for purchase. No printed proofs will be provided.
9. Photo Ownership: Photographer maintains full intellectual property rights to all images. In addition, Photographer reserves the right to use the images captured for any purpose including, but not limited to marketing, promotion, advertising , social media content & print. Your privacy is important to me , your personal information will never be shared.
10. All final jpg images are retained by photographer. Raw/un processed images are not retained by the photographer, only final edited jpgs. Raw images or unedited images are never supplied to client under any circumstances.
11. Additional or replacement print copies of images from the shoot can be requested at any time following delivery of original agreement, an administration fee of $50 applies, plus the cost of the print(s), or download(s).
12. Service expectations: Client agrees that Photographer will not guarantee certain photo outcomes during the photography session that are not within the clients physical capabilities or where safety to either client or photographer is jeopardised. Additionally, client agrees not to hold Photographer liable for compromised or poor quality images due to lack of cooperation by image subjects.
12(a). Photographer and client agree that Photographer is under no obligation to capture any specific moment or pose or person(s) during the sessions.
12(b) If Photographer is unable to perform the services in this contract due to any cause outside its control, Client agrees to indemnify photographer for any loss damage or liability.
12(c) Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.
12(d) Client agrees to hold Photographer harmless for any personal injury which may occur as the client poses or works with Photographer.
12(e) Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of client, acknowledging creative expression of the Photographer, producing the photographic artwork.
13. Where Photographer is attending Clients location, the client is responsible in providing a safe working environment for the photographer and to ensure the photographers safety at all times.
14. Personal Safety: In the event the photographer feels unsafe, threatened, disrespected, physically or verbally abused, the session will end immediately at the discretion of the photographer and the session either rescheduled or cancelled.
15. Refunds:
Private sessions
Should your digital image be faulty, corrupt or otherwise unable to be opened/ viewed, your image file will be replaced free of charge(where possible or by selection of alternative file). Refunds are not offered on completed sessions, or simply due to Client not liking the aesthetics of the images, when the images are otherwise posed, exposed, focused or edited correctly to technical photographic standards. Refunds will be provided for pre-ordered daycare packages in the event a child is absent on the expected shoot day, if this cannot be rescheduled to a mutually beneficial date.
These Terms & Conditions apply at all times and are subject to change without notice.
16. Refunds - General:
Refunds are offered if they meet the terms below.
Due to the nature of the products on sale, refunds are not offered once a product has been sent to the print lab as your items are custom made/ printed.
Rather than providing refunds, replacement products are offered under the following set of conditions stated below.
When your prints arrive, should the packaging be damaged prior to opening:
Please take a photograph of the unopened packaging. Failure to do this will impact our ability to assess the cause as well as impede our decision relating to replacing the items or refunds.
Open package and assess if damage has impacted print products. If so, please take clear photo's of damage. Email photo's to hello@hayleighbeach.com
When your print arrives, should they be faulty or quality be lacking in anyway once opened:
Please take a clear photograph of the fault(s), both front and back of product.
Email photo's with a description of damage to hello@hayleighbeach.com
When your prints or digital files arrive, should they be the incorrect images, not what you ordered.
Please take a clear photograph of the photo(s) received or email the file you received.
Your order selection is recorded in my system, I will review for accuracy to establish where the error occurred.
If the incorrect print has been sent by user error at the print lab, you will be sent what you ordered at no extra cost.
If the incorrect print was selected by you at checkout, you have the option of reordering the correct print at your own cost.
Damage or Fault or Quality print products -
Print products are produced by a professional printing laboratory based in Victoria. They undergo quality control checks prior to being sent to customers. We will carry out a claim with the print lab in order to rectify any issues that have been caused by lack of care or operator error at the print lab. If items are damaged through transit, we will issue replacement items upon receipt of photographic proof of damage.
Loss in transit - due to the increase of transit scams occurring: Loss of items in transit are not replaced, nor refunded. Customer may reorder at their own cost. Hayleigh Beach Photography will not incur the cost of replacing items that do not arrive whilst in transit.
Summary
Replacements (or refunds) are not accepted relating to change of mind
Replacements (or refunds) are not offered if incorrect selection has been made by purchaser an example of this may include: incorrect photo selected, incorrect print size selected, incorrect number of prints selected, incorrect print finish select (Lustre or Matt).
Replacement (or refunds) are not accepted due to customers own financial status, changes in financial status. Sales are final, purchase in line with your budget. Afterpay is available to help with spreading the cost of your purchase.
Digital products cannot be returned and will not be refunded under any circumstance. In the event your digital files are lost or corrupted, copies can be obtain by contacting us.
Terms for claims leading to replacements: 7 days of receiving items, after this time, no replacement will be offered.