terms and

CONDITIONS

Always Belle Photography

Photography Agreement

Thank you for choosing Elle Payne t/as Always Belle Photography. 

These terms and conditions govern your purchase (Terms and Conditions).

 

By clicking ACCEPT you agree to these Terms and Conditions. 

 

  1. Purchase Services
    1. The website www.alwaysbellephotography.com.au (Website) is operated by Elle Payne t/a Always Belle Photography (abn: 56 830 700 200). Access to and use of the Website, or any of its associated products or services is provided by Always Belle Photography.
    2. Always Belle Photography specialises in professional photography for maternity, newborn and related portraits and photography tailored to client requirements (Services). You have agreed to purchase Services through the Website.
    3. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Services information page (Information Page) via the links to the Website provided to You.
  2. Acceptance of the Terms and Conditions
    1. You accept the Terms and Conditions by remaining on the Website and by clicking to accept or agree to the Terms and Conditions where this option is made available to you. 
  3. Eligibility 
    1. Where the Services relate to a competition you entered and a prize received, You acknowledge and understand that you will not be eligible to redeem the prize if you have an existing booking with another photographer for similar Services because this is not in the spirit of the competition.
    2. By proceeding with your booking, You warrant that you are eligible to do so. 
  4. Personal Information
    1. When purchasing the Services, you will be required to provide personal information such as your full name, password and e-mail address.
    2. You agree that all details that you have provided in completing the purchase are true and correct.
    3. Your personal information is kept in accordance with the Always Belle Photography Privacy Policy (Privacy Policy) which can be accessed which is available on the Website. 
  1. The Services
    1. Always Belle Photography agrees to perform the Services for You, for the Fees, on agreed Dates. 
    2. The Services are set out on the Information Page. 
    3. If Always Belle Photography foresees being unable to complete the Services, alternative arrangements will be made by agreement of the Parties. If Always Belle Photography cannot complete the Services for whatever reason, Always Belle Photography will discuss this with you, and alternative arrangements will be made for the Services.   
    4. You acknowledge and understand that Newborn shoots are designed for babies under 4 weeks old. You agree to use your best endeavours to make appointments ASAP to have a newborn shoot, because at times the availability of Always Belle Photography can mean shoots are delayed. 
    5. Appointments for Maternity shoots need to be made at a time where the pregnancy has passed 34 weeks. 
    6. For Sitter sessions, appointments need to be made to accommodate the baby being able to sit, but before reaching an age where crawling has commenced. 
    7. All Cake Smash shoots are to be undertaken when the baby is between 11-13 months old. 
    8. All ordering and purchase appointments will be held in person on the day of a shoot, unless otherwise required by the photographer, in which case a zoom session will be arranged for your ordering and purchase appointment. Zoom sessions may be scheduled at the complete discretion of Always Belle Photography. Please note that images that are not purchased will not be made available online for ordering and choosing. 
  1. Fees and Payment
  1.  You agree to pay Always Belle Photography the Fees as set out on the Information Page, including the deposit (Deposit). 

 

  1. The Fees do not include costs for the following: additional props, additional retouching, and editing. These will be quoted and invoiced separately from the Fees.

 

  1. The Fees do not include digital and printed copies of the Photographic Works (Photographic Works). Any copies or prints must be purchased separately. 

 

  1. If the Services relate to a prize, the Deposit is redeemable against images of Photographic Works that You purchase.  If you choose not to purchase any images, the Deposit will be refundable if You have completed all 3 shoots (newborn, sitter and cake smash). If for whatever reason You do not complete all 3 shoots, the Deposit will not be refundable.  Where the Services are not related to a prize, the Deposit is not redeemable. 

 

  1. You acknowledge and agree that where You are unable to make your selections, for whatever reason, in Your ordering and purchase appointment, a fee of $95.00 will be payable if You wish to schedule a second in person ordering and purchase appointment. 

 

  1. All orders that are placed outside an ordering and purchase appointment will attract an additional fee payable by You, in the sum equivalent to 10% of the total order fee. 

 

  1. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

 

  1. Copyright (Photography Works and any digital and print copies)
    1. You acknowledge and agree that all copyright in relation to the Services and Photographic Works is the property of Always Belle Photography. You will take all such steps as practicable to ensure that the copyright will vest and remain vested in Always Belle Photography.
    2. Always Belle Photography grants to You a non-exclusive, non-transferable, royalty-free, perpetual license to use the copyright owned by Always Belle Photography in relation to the Photographic Works for personal use only. For the sake of clarity, You or any third party is not permitted to copy, photocopy, laser copy, or scan the Photographic Works or utilise the Photographic Works for commercial use.
    3. You acknowledge that Always Belle Photography is permitted to use any of the Photographic Works on its website, blog, portfolio, galleries, or for promotional purposes.  
  1. Moral Rights      

Always Belle Photography asserts moral rights, including attribution rights, in respect of the        Photographic Works.  Always Belle Photography would be grateful if you include a credit line acknowledging  Always Belle Photography should you share or display the Photographic Works on social media.

9. Storage and Backup

1. You acknowledge that You are responsible for the storage and backup of the Photographic Works supplied by Always Belle Photography.  

2. While Always Belle Photography will maintain digital files of the Photographic Works that have been purchased, for 12 months, and will comply with usual backup procedures upon delivery of the Photographic Works, Always Belle Photography will not be liable under any circumstances if unable to produce the backups or future reproductions of the Photographic Works upon a request by You.  For the sake of clarity, images that are not purchased are not backed up by Always Belle Photography. 

3. Where back-ups are available, these may be made available to You for a fee to be agreed in writing.

  1. Warranty Period for the Services
    1. Always Belle Photography will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Always Belle Photography makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results. 
    2. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For significant failures with the Service, You are entitled to cancel Your contract with Always Belle Photography and are entitled to a refund for the unused portion of the Services. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to difficult situations where a service is unfit for the purpose. 
  1. Privacy 

As part of creating the Photographic Works, Always Belle Photography may collect and retain personal information about You.  Any personal information will be obtained, retained, and used in accordance with Always Belle Photography’s Privacy Policy which can be found on Always Belle Photography’s website. 

  1. Termination of this Agreement
    1. Either party may terminate this Agreement for any breach of this Agreement by the other party by providing 7 days written notice by email.  
    2. Either party may terminate this Agreement for any reason whatsoever by providing 30 days notice to the other party by email. 
    3. If this Agreement is terminated, You agree to pay Always Belle Photography for the portion of the Services completed up to the date and time of termination.
  1. Indemnity

You agree to indemnify Always Belle Photography for any loss, claim, damage, or expense suffered or incurred as a result of any breach by You of this Agreement, any infringement of copyright of any person, or steps taken by Always Belle Photography to recover unpaid money under this Agreement.

  1. Release
    1. You agree to release Always Belle Photography from any and all liability relating to the colour reproduction of supplied works on any system not under the direct control of Always Belle Photography. Where Always Belle Photography supplies You with photographic prints, You acknowledge that the Photographic Works may fade or discolour over time due to the inherent qualities of materials used, and You agree to release Always Belle Photography from any liability for any claim based upon fading or discolouration.  Where colour cannot be reproduced accurately due to limitations in capture and output technology, You release Always Belle Photography from any and all liability. 
    2. Except as provided by under Australian Consumer Law, Always Belle Photography will not be liable for any loss or damage arising by reason of any delay in the completion of the Services or provision of the Photographic Works; any loss of profit or revenue; any indirect or consequential loss or whatever nature; or any loss resulting from any errors or omissions arising from an oversight or misunderstanding of instructions provided by You or from the following: faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives/digital files in transit between Always Belle Photography and professional laboratories employed by Always Belle Photography, loss or damage to film, negatives/digital files and proofs during processing and developing either by Always Belle Photography or professional laboratories employed by Always Belle Photography. 
  1. Force Majeure
    1. If circumstances beyond Always Belle Photography’s control prevent or hinder its provision of the Services or cause loss or damage, Always Belle Photography is free from any obligation to provide the Services while those circumstances continue. Always Belle Photography may elect to terminate this Agreement or keep the Agreement on foot until such circumstances have ceased. 
    2. Circumstances beyond Always Belle Photography’s control include, but are not limited to, shortage of labour, pandemics, strikes, lockouts, hospital restrictions, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, failures or malfunctions of computers or other information technology systems. 
    3. For the sake of clarity, if, in Always Belle Photography’s reasonable opinion, the provision of the Services will be affected by a pandemic, Always Belle Photography may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Always Belle Photography will not be liable for losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, the Cancellation clause will apply. 

 

  1. During the Photoshoot
    1. You agree and acknowledge that You or any other attendee are not permitted to take any photographs or video footage (including with phone cameras) during the event/photoshoot.
    2. You acknowledge and agree that it is Your responsibility to attend a photo shoot ready for your photo to be taken, and this includes, if so desired, hair and makeup. Always Belle Photography are not able to edit images to attend to ‘fixing’ your hair and makeup and any such requests are not able to be accommodated. 
  1. Communication and Mailing List 
    1. The parties agree to communicate by phone or email via the email. 
    2. You agree that by signing this Agreement, you will be added to the Always Belle Photography email mailing list (Mailing List) and consent to receive promotional material, updates, and other content from Always Belle Photography. You can unsubscribe anytime by following the unsubscribe process outlined in the e-mail or contacting Always Belle Photography.
  1. Confidential Information
    1. You must advise Always Belle Photography in writing (including by email) if any material or information provided to Always Belle Photography is confidential. Always Belle Photography will keep that material or information confidential, except where disclosure is reasonably necessary to enable Always Belle Photography to perform the Services.
    2. All confidentiality obligations in this Agreement continue in full force and effect after completing the Services.
  1. No partnership or agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

  1. Governing Law & Jurisdiction

The laws of Victoria govern this Agreement. In the event of any dispute arising out of or in relation to the Services, You agree that the exclusive venue for resolving any dispute will be in the courts of Victoria.

  1. Dispute Resolution & Mediation

If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by Independent Third Party as agreed or his or her nominee and attend a mediation.

  1. Severance

Any part of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

  1. Assignment

You agree Always Belle Photography may delegate and/or subcontract any obligations under this Agreement for the purpose of providing the Services, as required and at the discretion of Always Belle Photography, to any party without Your consent.  If Always Belle Photography does exercise its rights under this clause, Always Belle Photography remains liable and responsible to You in respect of the Services.

 

You agree Always Belle Photography may assign or novate this Agreement or part of this Agreement to any party without Your consent.

 

  1. Entire Agreement and Modifications

Both You and Always Belle Photography confirm and acknowledge that this Agreement constitutes the entire agreement between the parties and will supersede and override all previous communications, either oral or written, between the parties. No agreement or understanding varying or extending this Agreement will be binding upon any party unless arising out of the specific provisions of this Agreement.