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.
Families are required to arrive on time for the start of the session. It is strongly recommended that you arrive at the location 5 minutes before the starting time to avoid a delay of your session. If you arrive late your session will last less time to respect the next family photo session.
REFUND AND CANCELLATION POLICY
We do not issue refunds due to “not liking a photo”, selecting an incorrect photo after images have been received, or any other reason. If a mistaken photo is sent, we will send the correct photo free of charge.
The session fee is paid in advance to secure your chosen date and time. It is non-refundable should you cancel, but is transferable to another date in the event you wish to amend your booking with at least 3 days of notice. If you need to reschedule less than 3 days before your session, a $59 rescheduling fee applies. Special consideration is made for maternity and newborn sessions. You are also entitled to a full refund if it rains and you are unable to reschedule.
Should you have payed for a photo session and the shoot has been cancelled, we will refund the amount to the original mode of payment. This can take up to 5 business days, depending on the issuing bank of the credit card. If we had tp cancel a phote session due to Covid regulations, we will hold your payment as a credit towards a future session which will be arranged on a convenient day for you.
COPYRIGHT AND INTELLECTUAL PROPERTY
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.
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.
Personal-use license terms:
The Client may display purchased photographs on personal social media pages
The client may make unlimited image prints of high resolution photographs for personal use
The Client shall not Resell, re-license, sub-license, redistribute without express written permission from the creator Max Family Photo
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, Max Family Photo branded social media or Max Family Photo websites without expressed written permission from Max Family Photo.
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 Max Family Photo's style of photography is to personal taste prior to booking.
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 $59. 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.
GIFT VOUCHERS AND GIFT 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. 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.
Are not redeemable by the bearer for cash, are not transferable to a different session type and any unspent balance will be deemed void.