Effective Date: January 2024
These Terms & Conditions (“Terms”) govern all bookings and services provided by Mr Smith Photography (“we,” “us,” “our”). By making a booking with us, you (“Client,” “you,” “your”) agree to these Terms in full.
1. Booking & Agreement
- A booking with Mr Smith Photography constitutes full acceptance of these Terms.
- All deposits, retainers, and session fees are non-refundable and secure the agreed date and time.
- No verbal or other agreements override these Terms unless confirmed in writing by us.
2. Client Responsibilities
- You are responsible for arriving on time, prepared, and ensuring cooperation of all participants.
- Delays, lateness, or uncooperative behaviour may reduce the number of images delivered, with no right to refund or re-shoot.
- You must disclose any venue restrictions, cultural sensitivities, or other requirements before the shoot.
- You must provide any specific requests (poses, people, moments, or other requirements) in writing before the shoot. While we will make reasonable efforts to accommodate, we do not guarantee every request will be captured. Missed shots or unfulfilled requests are not grounds for refund.
3. Photography Services & Creative Direction
- Photography is a creative service. Editing, retouching, lighting, and artistic style are at the discretion of Mr Smith Photography.
- While we welcome reasonable feedback, dissatisfaction based on subjective preferences does not entitle you to a refund or re-shoot.
- Final images are edited to a professional standard in line with our style. Requests for edits outside this style may incur additional fees.
- The Client acknowledges that professional editing is an essential component of services and accepts that final images reflect Mr Smith Photography’s style.
4. Change of Brief
- Once a booking is confirmed, the agreed brief (including style, location, time, participants, and editing approach) forms the basis of services to be provided.
- Any changes to the brief must be requested in writing and approved by Mr Smith Photography.
- Approved changes may incur additional fees, which must be agreed upon and paid before work continues.
- Changes made after the shoot has commenced cannot reduce the agreed fee or entitle the Client to a refund.
5. Studio & Shooting Environment
- Where we describe a shoot as being in a “studio-like environment,” this may include a home studio or other prepared space designed for photography.
- You agree not to dispute the suitability of the environment if it is fit for the agreed photography session.
- The nature of the location (e.g., home studio vs. commercial studio) does not entitle you to a refund.
6. Travel & Additional Costs
- Travel costs (flights, accommodation, parking, mileage, etc.) for shoots outside the local area are extra and must be agreed in writing.
- These costs must be paid by the Client.
- If the Client cancels after travel costs have been incurred, those costs are non-refundable.
7. Image Delivery & RAW Files
- Final images are delivered digitally via Dropbox. You must provide the email address linked to your Dropbox account for delivery.
- Images remain available on Dropbox for 30 days only. After this period, files are permanently deleted and we are not responsible for storing or re-issuing them.
- You are solely responsible for downloading and safely backing up your images within the 30-day period.
- RAW/unedited files are never provided. RAW files remain the intellectual property of Mr Smith Photography and are an integral part of our creative process.
8. Delivery Time, Proofs & External Services
- Estimated delivery times for final images will be provided either at the time of the shoot or at the time of booking if requested.
- For specific services such as headshots, model portfolios, or similar, proof sheets may be provided prior to final edits.
- Clients or models are responsible for arranging any external services such as hair, makeup, spray tan, wardrobe, or other preparations. Mr Smith Photography is not responsible for the quality or availability of these external services.
9. Client Feedback
- Any requests for edits, adjustments, or concerns must be provided in writing within 7 days of receiving the final images.
- Requests received after this period may not be accommodated.
- Feedback is limited to reasonable adjustments to the images within the scope of the original brief and does not include requests for RAW files, refunds, or services outside the agreed scope.
10. Image Selection & Quantity
- Mr Smith Photography determines which images are delivered.
- We do not provide every image taken.
- The number of final images may vary depending on circumstances, but will reflect professional quality.
11. Model Release / Use of Images
- Mr Smith Photography may use images for marketing, portfolio, website, or social media purposes unless the Client opts out in writing prior to the shoot.
12. Food / Breaks
- For events or long sessions (e.g., exceeding 5 hours), reasonable breaks will be taken.
- Meals and refreshments must be provided by the Client if the session exceeds this duration.
13. Payments
- Deposits are non-refundable.
- Full payment is required before delivery of final images.
- No images will be released until the account is paid in full.
14. Refunds & Cancellations
- All payments (deposits, session fees, and balances) are strictly non-refundable.
- If you cancel your booking, payments will not be refunded.
- If Mr Smith Photography cannot deliver services due to illness, accident, or unforeseen circumstances, we may either reschedule or issue a refund at our discretion.
- Refunds are not offered for dissatisfaction based on personal taste, subjective preference, or comparison to other photographers.
15. Copyright & Usage
- Mr Smith Photography retains copyright ownership of all images.
- Clients are granted a personal licence to use delivered images for personal use only, unless otherwise agreed in writing.
- Commercial use, resale, or reproduction is prohibited without prior written permission.
16. Liability & Australian Consumer Law
- Mr Smith Photography provides services in accordance with the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies your rights under the ACL.
- To the extent permitted by law, our liability is limited to either resupplying the services or refunding the amount paid, at our discretion.
- We are not responsible for:
- Indirect or consequential losses (e.g., missed opportunities, reputational loss, emotional distress).
- Accidents, injuries, or property damage occurring at a shoot.
- Client dissatisfaction based on personal taste, editing style, location disputes, or posing outcomes.
17. Professional Conduct & Equipment
- Mr Smith Photography will provide services with due care, skill, and professionalism in line with industry standards.
- Professional-grade equipment including cameras, drones, lighting, and industry-standard editing software will be used in all sessions.
- While we aim for high-quality results, no guarantee is made regarding subjective client expectations, and dissatisfaction with equipment, style, or editing does not entitle the Client to a refund.
- We reserve the right to refuse or discontinue services if a Client or participant behaves abusively, threateningly, unsafely, or inappropriately. In such cases, no refund will be given.
- The Client agrees to behave respectfully and ensure all participants act in a manner that allows the photography session to proceed smoothly.
18. Posing & Client Responsibility
- Clients and participants are responsible for their own poses, expressions, and positioning during the shoot.
- Mr Smith Photography may provide guidance and suggestions on posing, posture, and expressions to achieve better results.
- Mr Smith Photography is not responsible for closed eyes, awkward expressions, or other individual posing outcomes.
- Dissatisfaction with how a person appears in an image, or with individual poses in group shots, does not entitle the Client to a refund or additional edits beyond reasonable adjustments within the original brief.
19. Dispute Resolution
- Both parties agree to attempt to resolve any concerns in good faith before pursuing external remedies.
- A “reasonable resolution” in the context of photography services means Mr Smith Photography offering further editing or adjustments to images, within the scope of the original brief and in line with our professional style.
- A reasonable resolution does not include the release of RAW/unedited files, a refund of payments, or services outside the agreed scope.
- Only after genuine attempts at resolution through editing have been made may either party escalate the matter to a tribunal or court.
- Each party is responsible for their own legal or administrative costs unless otherwise required by law or awarded by a tribunal of competent jurisdiction.
20. Reviews, Defamation & Public Statements
- The Client agrees to provide any feedback or concerns directly to Mr Smith Photography and allow a reasonable opportunity for resolution before posting public reviews or comments.
- The Client acknowledges that leaving reviews or making public statements that are false, misleading, defamatory, or damaging to Mr Smith Photography’s reputation may result in legal action.
- Honest reviews are welcome, but Clients must not publish statements that misrepresent the services provided or omit key facts.
- Mr Smith Photography reserves all rights to protect its reputation, including seeking removal of defamatory or false material and pursuing legal remedies where appropriate.
21. Force Majeure
We are not liable for failure to perform due to events beyond our control, including but not limited to natural disasters, illness, strikes, equipment failure, or government restrictions. In such cases, we will work with you in good faith to reschedule or find a suitable solution.
22. Jurisdiction
These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of Queensland tribunals and courts.
23. Acceptance of Terms
By booking with Mr Smith Photography, you confirm that you have read, understood, and agreed to these Terms.