Terms & Conditions
Definitions / Clauses
The Photographer: Wild Wattle Photography
1. The Client:
Is hereby referred to as, any person, body of persons, collaborator, any type of recipient, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of paid or non-paid services, joint working agreements or competitions with or by the Photographer.
2. Fees / Permits:
Costs associated with any photographic session(s) and or permits that may be required, all prices are Australian AU.
PERMITS - Wedding clients are responsible for acquiring and paying for any council permits and necessary permission(s) required of all locations at which the Photographer will be performing services, as for all other sessions the photographer will arrange any permit(s) required by council, the fee required by council within the Hunter Region to carry out photography on any public lands including beaches and parks is $400.00, it is payable to SCREEN HUNTER (regional film office for the Hunter Region of NSW) and is nonrefundable and required at time of booking.
Samples of all edited photos, in which Wild Wattle Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Wild Wattle’s logo, watermark, or proof stamp.
4. Inclusive Fees:
Services and other that are included in the price. This includes, but is not limited to The Photographer’s TIME: Consultations, time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, setting up studio (bringing out necessary props, reconfiguring lighting for shoot, sanitising props that may be used with newborns and children, and so on). During Shoot: Standard Sessions on-location includes travel time. POST-PRODUCTION: Depending on the amount of images post processing can take anywhere from 3-4 hours. This also includes time spent setting up Client’s online gallery, ordering investment products etc. Also included is general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, props, camera, lenses, and editing equipment).
5. Digital Purchases:
High-resolution digital copies of the final images. When purchased, Client receives license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
6. Facebook Sharing and Other Social Media Platforms
6.1) It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting of watermarked low-resolution photos only to social media sites and in the case that Wild Wattle Photography is credited and that photos are NOT altered in any way with editing or filters. Additionally, it is understood that the client MUST NOT remove, or have removed, watermarks from Internet images supplied to them or that Wild Wattle Photography has uploaded to Facebook or her website, or from the low-resolution images offered for free to clients who have purchased prints. The Client and family members can purchase photographs that do not have a watermark.
6.2) Any Campaign / Contests hosted by Wild Wattle Photography is in no way sponsored, endorsed, administered by, or associated with Facebook or any other social media platforms.
7. Deposits / Payments and Payment Plans - Australian $AU
(a) Payment Contract - All client(s) choosing a payment plan shall sign a payment plan that states the total amount owed, the agreed payment instalment amount and frequency to be paid and duration of the term of the payment plan (3 months)
(b) Up Front Percentage Fee - client(s) shall pay the session and an upfront percentage fee of 50% of the total finalised price on any investment purchases ordered.
(c) Minimum Spend Limit - To qualify for a payment plan the minimum spend limit will be no less than $1000.00 (one thousand dollars)
(d) Client(s) that opt for a personal payment plan - no ordering will take place until 75% of the total amount owed has been paid, if a client has a change of mind during any part of the payment plan term, or after any ordering takes place, any monies paid becomes nonrefundable and/or if the full purchase is not completed and paid in full by the end of the agreed payment term duration (3months).
(e) Client(s) NOT opting for a payment plan - agree to either pay in full or pay the required deposit of 50% before any ordering takes place with the remaining balance to be paid if full upon collection, if a client has a change of mind after the ordering takes place the 50% deposit becomes nonrefundable and/or if the full purchase is not completed and paid in full within 30 days of ordering the purchase will be void and no refund offered.
(f) Wild Wattle Photography accepts cash, bank deposits and PayPal payments.
*Prices are subject to change without prior written notice.
8. Bookings / Cancellations / Rescheduling / Refunds 'No refund if you simply change your mind'
8.1) Session Fee - To secure a session Client/s need to pay any specified session fee within at least 7 days prior or before any session to retain the Photographer to perform the services specified herein, the fees DO NOT cover other costs such as, assistants, studio hire, and or location permits required by local councils.
a) Wedding Clients: will need to pay a nonrefundable deposit of $500 to secure their booking, the remaining funds will need to be paid 2 weeks prior to the wedding day - clients are also responsible for all council permits unless otherwise agreed upon in writing.
8.2) Cancellations / Session Fee - required for all sessions, will become non-refundable when:
(a) The required 48-hour cancellation notice prior to any scheduled session date is not given via email or phone.
(b) Client(s) fails to turn up or give prior notice of unavailability without an explanation or a reasonable valid reason on the day.
(c) With the exception of rain interference limited to outdoor sessions only, a full refund or reschedule will be offered.
8.3) For any other reason’s clients are permitted one rescheduled session only, if a rescheduling request is needed it must be done at least 48 hours before the booked session date. After one permitted rescheduling, any further rescheduling will require an additional booking fee to hold your spot.
8.4) Failure to Perform - If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or any other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit 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 if any photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
8.5) Investment Products - Clients are advised to inspect all investment products at their viewing/collection consultation and arise any complaints such as defects, incorrect ordering or any complaints during that time.
After inspecting, accepting and leaving with their investment products (paid in full) clients acknowledge, confirm and agree that their investment products have no damage, inherit qualities or faults of any kind and that they are 100% satisfied with their purchase and have no further complaints, no refund offered if you simply change your mind after this period.
8.6) Quality Control – Wild Wattle Photography has strict quality control procedures in place and inspects all products for any defects, damages, inherit qualities before being released for viewing or collection to any client(s) this procedure ensures client(s) receive only the highest quality products.
8.7) Refunds – Wild Wattle Photography has a strict refund policy. Once a transaction has been completed (i.e., the buyer selected and paid for the photo and then Wild Wattle Photography sent the buyer the correct photographs) it is then considered non-refundable. If a buyer has selected and purchase an incorrect photo, he/she must notify Wild Wattle Photography, before receiving the incorrect photograph. Refunds will not be given due to not liking a photo or selecting an incorrect photo after the buyer has already received the photograph. If a mistaken photo is sent to the buyer, as documented on the invoice, Wild Wattle Photography will send the correct photo to the buyer free of charge.
8.8) Daycare Portraits - Wild Wattle Photography will not be held liable if your child refuses or is unable to cooperate for school portraits. Wild Wattle Photography will perform to the best of their ability to obtain images of your child, but cannot guarantee a specific number of images or their suitability. If in the rare occurrence a child does not cooperate for portrait photos, a full refund will be provided.
9.1) Wild Wattle Photography reserves the right to edit and release only the images that are deemed creditable as professional in quality and within Wild Wattle Photography’s standards. The photographer enhances photos via corrections to contrast, lighting, and colour, as well as removal of acne, rashes, and accidental last-minute scratches, bumps, etc.
9.2) Once again, edits are solely made by Wild Wattle Photography, any edits by clients or family members to digital files will be a breach of copyright.
10. Copyright and Reproductions
10.1) Wild Wattle Photography (The Photographer) shall own the copyright on all images created, retain sole ownership of all raw digital files and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, expo stalls, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
10.2) In the case of copyright breach or if such attempt be made, Wild Wattle Photography reserves the right to seek damages to the fullest extent permitted by law.
11. Commissioned Client’s Usage
11.1) Client(s) agree that all commissioned photographs (paid for by client/s) shall have shared copyright with Wild Wattle Photography (unless otherwise stated) and can only be used under the terms of any usage agreement set out by Wild Wattle Photography.
11.2) The Client is obtaining photography services for personal use only, and shall not sell said prints. If Client is obtaining prints or digital files for newspaper announcement of a wedding, editorial use, social media use or on a website etc, Photographer authorises Client to exclusive rights to reproduce, publish or communicate print(s) or digital files in this manner. In such event, Client shall run a credit for the Photographer adjacent to the photograph. For any other use outside the scope of this agreement Client(s) shall contact Wild Wattle Photography to discuss further usage agreements and / or commission. If Client is obtaining photography services for commercial use, Client shall give photographer credit where applicable, and agree to post advertisements and/or business cards on behalf of The Photographer at their place of business.
11.3) Client(s) are never permitted to edit or alter any photo that is copyright of Wild Wattle Photography, In the case of copyright breach or if such attempt be made, Wild Wattle Photography reserves the right to seek damages to the fullest extent permitted by law.
12. Inherent Qualities
Client is aware that colour dyes in photographic prints may fade or discolour over time due to the inherent qualities of dyes as well as USB, DVD or CD media which may deteriorate due to oxidation, mechanical or technical failure or other unforeseen reasons, and Client(s) releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Additionally, The Photographer is not responsible for inevitable low-quality resulting from Client(s) printing from any and all non-professional quality printing labs, such as large retail shopping outlets or personal printers etc. It is to be noted that Wild Wattle Photography suggests printing from professional printing labs only in order to receive the highest quality prints.
13. Portrait Care
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client.
Wild Wattle Photography reserves to right to terminate coverage and this contract, and leave the location of the event(s) if the photographer/s representing Wild Wattle Photography experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s). In such circumstances, any fees or deposits paid will be non-refundable.
15. Limitation of Liability:
You the client(s) including any family, friends, affiliates or other persons associated with the client(s) agree to release and hold harmless Wild Wattle Photography and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from:
(a) such entrant’s participation before, during or after any photographic session and/or his/her acceptance, possession, use, or misuse of any props, products or any portion thereof.
(b) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment.
(c) the unavailability or inaccessibility of any transmissions, telephone, or Internet service.
(d) unauthorised human intervention before, during or after any part of any session.
(e) electronic or human error during any of the administration process.
16. Vouchers / Discounts / Offers
16.1) Vouchers - Are only valid within 12 months from the date of purchase.
a) Voucher(s) can only be redeemed by Wild Wattle Photography for photographic services, products or value described in the voucher and relating to photographs created by Wild Wattle Photography.
b) Vouchers are limited to one (1) per person and can only be used once and cannot be exchanged or redeemed for cash.
c) Only original voucher(s) are accepted, damaged voucher(s) may not be accepted.
d) Voucher(s) are restricted to one (1) per session only and cannot be used in conjunction with any other vouchers or offers.
16.2 ) Discounts / Offers - Must be used by the expiry date on your Offer or within 30 days of notification.
All Offers are subject to our 'Fair Use Policy':
(a) You can only be in 1 Photo Session using any discount or offers.
(b) If you have received 2 Offers or more you can give the other one to someone else as a gift (Offers cannot be used in conjunction with any other Offers)
(c) Discount(s) / Offers can only be used as indicated in their usage terms and are non-redeemable for cash, and cannot be grouped or used in a photo session together with any other Offers.
(d) Discount(s) / Offers cannot be used towards any existing orders.
(e) Wild Wattle Photography retains its rights to cancel or void any Offers at its sole discretion.