Christmas Mini Sessions 2020 – Terms & Conditions

The Photographer (Little Stories Studio) and the Client (you) hereby acknowledge that the following Standard Terms and Conditions are incorporated into the agreement between the parties.

1. DEFINITIONS

Client means you, as a parent/guardian of the photographed child/ren.
GST has the meaning defined in the A New Tax System (Goods and Services) Act 1999 (Cth).
License means the license granted by the Photographer to the Client for Uses of the Photographs provided by the Photographer.
Photographs means the selection of finished photographs taken and presented by the Photographer to the Client.
Photographer includes any employees, assistants, or any other parties engaged by Little Stories Studio.
Services means the services provided by the Photographer, including the photo shoot, preparation of images and development of finished products.

2. ENGAGEMENT AND SERVICES

2.1 The Agreement is between the Photographer and the Client. The Client wishes to engage the Photographer and the Photographer accepts the engagement to hereby:
(a) provide the Services to the Client;
(b) produce the Photographs; and
(c) upon full payment of the Fee and the Expenses, the Photographer will grant the Client the License on the terms set out in this Agreement.

3. PAYMENT AND FEES

3.1. The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the Photographer.
3.2 All amounts payable under this Agreement are exclusive of GST. If any amount payable under this Agreement is the consideration for a taxable supply under GST Law, then GST, calculated in accordance with the GST legislation, must be paid in addition to the amount specified in this Agreement at the same time and in the same manner as the Fee and Expenses. All stamp duties and governmental charges, if any, arising out of or incidental to this Agreement are the responsibility of and must be paid by the Client.
3.3 Following the completion of the session, the Client will receive a link to an online gallery featuring the completed images from the Christmas mini session. The Client will choose three images from this gallery per child within two weeks of receiving the link. The images will be provided by electronic transfer in both high resolution and low resolution watermarked format. 
3.4 The Client may choose to purchase additional prints and images from the Little Stories Studio pricelist, and the fee for these products will form part of this agreement. The Client is not obligated to make any purchase in addition to the inclusions of the Christmas Mini session.
3.5 If the Client chooses to order additional products, the Client agrees to pay the fee agreed within 7 days of placing the order, otherwise prices current at the time of delayed payment will apply.
3.6 The Photographer will not produce and deliver the finished Photographs and associated physical products until payment is received in full.

4. RIGHTS GRANTED

4.1. In consideration of the full payment of the Fee by the Client, the Photographer grants the Client the License to use the agreed Photographs worldwide in perpetuity. The License granted is not effective until this Agreement is accepted by the Client and the Client has paid the Fees in full.
4.2. The Photographer asserts all moral rights attached to the Photographs, and the Client does NOT have the right to sell, edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of the Photographer.
4.3. Notwithstanding the License granted under this Agreement, the Photographer reserves the right to use the Photographs worldwide, royalty-free, in perpetuity for the purposes of promoting and marketing the Photographer, including but not limited to displaying the Photographs in the Photographer’s portfolio, on the Photographer’s website and in galleries or in photography competitions. The Photographer expressly reserves all other rights subsisting in the Photographs not specifically granted in this Agreement.
4.4. The Client assigns copyright of all images and products provided by the Photographer in the course of the Services to Jessica Roth.

5. INTELLECTUAL PROPERTY

5.1. The Photographer is the owner of the intellectual property created by the Photographer in the course of the Services, including but not limited to the Photographs, digital or electronic material, transparencies, negatives and prints relating to the Photographs.
5.2. The Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) from which the Photographs are derived. No interest in the negatives (and/or digital equivalent) is assigned or licensed to the Client by this Agreement. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.

6. PHOTOGRAPHER’S INTERPRETATION

6.1. The Parties agree and acknowledge that the details of the Services, Photographs and/or works the subject of this Agreement have been discussed by the Parties and are described in email correspondence and/or any applicable brief. It is further acknowledged that in the event that the Client or the Client’s representative is not present on the Photography Date(s) at the Location, then the Photographer’s interpretation of the Services shall prevail.

7. WARRANTY, INDEMNITY AND LIABILITY

7.1. The Client warrants to the Photographer that:
(a) it has the capacity and authority to enter into this Agreement, both individually and on behalf of any minors who participate in the Services and appear in the Photographs;
(b) it has obtained the necessary clearances in relation to the subject matter to be photographed; and
(c) it will only use the Photographs in accordance with the License granted under this Agreement.
7.2. The Client agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the Client of the above warranties.
7.3 You hereby irrevocably release and discharge the Photographer from any and all claims and demands arising out of or in connection with the use of the Photographs, including any claims based on defamation, copyright, privacy or right of publicity. You give the same release on behalf of any other person who appears in the Photographs.
7.4 To the extent permitted by law, the Photographer’s liability in connection with the goods is limited to replacement of the goods or supply of equivalent goods or paying the cost of replacing the goods, and in connection with the services is limited to supplying the services again or paying the cost of having the services supplied again.

8. CANCELLATION BY CLIENT

8.1 If the Client cancels the Agreement 24 hours prior to the session date agreed, the Photographer will refund the session fee.
8.2 If the Client cancels the Agreement with less than 24 hours prior to the session date agreed, the Photographer will retain the session fee.
8.3 If the Client cancels the Agreement after the completion of the session and following the delivery of the online gallery, the Photographer will retain the session fee and any costs advised by the Photographer that have been incurred in ordering the Photographs.
8.4 If the Client is dissatisfied with the Photographs shown in the online gallery, to the extent that they would not purchase or display any of the Photographs from their session, the Client is entitled to: 
(a) request a second photo shoot to capture a second gallery of Photographs; or
(b) request a refund of the session fee.
8.5 If the Client chooses to exercise their rights in clause 8.4, the Client will not be entitled to any of the Photographs from initial photo session.

9. TERMINATION

9.1. This Agreement may be terminated if:
(a) The Client fails to pay any part of the Fee or Expenses;
(b) The Client is declared bankrupt, enters into administration or into liquidation;
or
(c) The Client is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from the Photographer of such breach.

9.2. Immediately upon termination:
All rights in the Photograph/s and/or work(s) revert to the Photographer;
The Client must return all physical property (including but not limited to the Photographs and any equipment); and
All Fees and Expenses owed to the Photographer under this Agreement must be paid in full.

10. MISCELLANEOUS

10.1. This Agreement constitutes the entire understanding between the Parties, and may not be modified, amended, or otherwise altered unless agreed in writing between the parties.
10.2. If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.
10.3. Each party must do all acts and execute all documents as necessary to give effect to this Agreement.
10.4. The Client must not assign or sub-license all or any of its rights in this Agreement without prior written consent of the Photographer.
10.5. This Agreement must be read and construed according to the laws of Queensland, Australia. The Parties submit to the jurisdiction of that state.
10.6 The Client is responsible for the cooperation of all parties who attend and participate in the session/s.
10.7 The Client gives consent to be added to the Photographer’s electronic mailing list using the email address/es provided at the time of booking. The Client may unsubscribe from this list at any time.
10.8 The Client acknowledges that Christmas mini sessions are for children only (not families), and only siblings can benefit from the discounted rate for a group session.


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