Terms & Conditions
Easter hunt - April 2021
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 – the family member organising the family portrait session/s.
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 The reservation fee paid at the time of entering into this agreement is considered the deposit for the Client’s session and is non-refundable.
3.4 Following the completion of the Services, the Client will attend an Ordering Appointment at the Photographer’s studio (or other mutually agreeable location) and will, at that time, select and pay for their chosen images and products. The fee for the products chosen at the time of the Ordering Appointment will form part of this agreement.
3.5 The Client acknowledges the receipt of the Photographer’s price list. The fees for prints, products and digital images produced during the photography session is in addition to the reservation fee paid to secure the session.
3.6 The Client agrees to pay the fee agreed at the Ordering Session within 7 days, otherwise prices current at the time of delayed payment will apply.
3.7 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 prior to the session date agreed, the Photographer will retain the reservation fee.
8.2 If the Client cancels the Agreement after the completion of the session, but before the Ordering Session, the Client must pay the minimum amount specified in clause 3.5.
8.3 If the Client cancels the Agreement after the completion of the session and following the Ordering Session, the Client must pay the minimum amount specified in clause 3.5 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 at the time of the Ordering Session, 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 reservation 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:
1. All rights in the Photograph/s and/or work(s) revert to the Photographer;
2. The Client must return all physical property (including but not limited to the Photographs and any equipment); and
3. 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. Uncooperative, belligerent, threatening or abusive behaviour will not be tolerated.
10.7 While all efforts will be made to meet the creative brief discussed with the Client, the Photographer cannot guarantee any particular setup, pose, finished image or editing style.
10.8 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.
11. The Easter Hunt 2021 – Promotion Terms
11.1 The promotion is open to entrants wishing to either a family portrait, newborn portrait, or maternity & newborn portrait experience with the Photographer.
11.2 Claimants must complete the online booking process and pay the discounted reservation fee before the end of April 2021 for the promotional discount to be valid.
11.3 The claimant families may choose to purchase any package or wall art collection at their ordering appointment, at which time the second discount of $150 will be applied, and the fee for these products will form part of this agreement.