Terms of Service

A. Session Fees 

Client agrees to pay Photographer a retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance is due at the time of the session. The session fee covers the time and talent of Photographer, basic retouching and creative editing of images, as determined by the Photographer, and images (amount depending on session). Additional editing is available at additional expense to be determined by Photographer. Additional prints or digital images may be available for purchase.

B. Location Costs & Fees

If there are any costs/fees associated with the location the Client has chosen for their session, you, the Client, will be responsible for those fees. The Photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 30 minutes of Melbourne, Southeast, VIC.   Any location outside of these limits will be subject to an additional charge of $.52/Kilometre as part of the agreement.

C. Rescheduling

If an illness or situation prevents a photo session from taking place, Client may reschedule their session at least 24 hours prior to their shoot without penalty. Should Client fail to give 24 hours’ notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

D. Re-shoots / Refunds 

Re-shoots are determined at the discretion of the Photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the Photographer.

E. Archive

After twelve (12) months, all images will be purged from Photographer’s hard-drive, except as needed for promotional purposes, to be determined by Photographer at Photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.

F. Payment

All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.

G. Damage

Photographer is not responsible for the damage of prints after delivery to client, including damage caused during transit by AU Post. Client assumes all responsibility for the safety of all prints upon receipt.

 H. Model Release

The Client will have to sign a Model Release form either by PDF before the shoot or Paper on the day of shoot. The Release form will vary in accordance with the session required. The main aspects of the Release forms are as follows

 I hereby give to Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:

 a) To copyright the same in the photographer’s name or any other name that he/she may select;

 b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other Photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;

 I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

 I. Liability

1)      Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.

2)      For Product shoots; Once the Product/s have been received by the Photographer, the Photographer is liable for any damage/s and required to pay any cost/s of repair.
Upon receiving the Product/s the Photographer will take initial photos of any damage/s either by Client or delivery method, to avoid disagreements and either party claiming repair cost.

 J. Copyright & Penalty

My Passion Photography retains all copyrights to all images created (in full or in part) during client’s session. Print release will be included in the Contract to outline Clients ability to print for personal use up to designated size listed on print release. The print release does not allow the Client to publish the photos for direct monetary gain (i.e. entering in contests, posting to galleries), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by My Passion Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.

Note from photographer: I work very hard to create images that reflect you and your passion, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.