Terms and Conditions. 

This Agreement is between The Little Oak Studio (hereafter “Photographer”) and you, the client (hereafter “Client”). 

1. Scope of Work; This Agreement is for services and products related to a photography session (hereafter “Session” or “The Session”). The Little Oak Studio and you, the Client, are to arrive for the Session at the discussed time at the chosen location. The Photographer agrees to provide proofs for you, the Client to view after the Session. The number of images in your gallery depends on the outcome of your session on the day and what can be captured. The Little Oak Studio will perform post-processing or digital image editing services on these photographs where artistically necessary. The Photographer will not provide the Client with Raw files or unedited images. The selection of images shown as proofs is strictly up to the Photographer. The Scope of Work for bookings made with a Gift Voucher is limited to those services listed on the voucher only – it does not include any prints or files (unless otherwise stated). 

2. Gift Vouchers; The Client is not obliged to make any additional purchase when booking with a Gift Voucher, although it is encouraged to utilise the Gift Voucher to its full potential. As a condition of redeeming a gift voucher, you must attend your viewing and design appointment. Failure to do so may incur an administration fee.

 3. Fees; In consideration of the Photography services provided by the Photographer, the Client has agreed to invest their time into their session by selecting a date and completing the booking process the Client understands if they cancel without rescheduling their booking will be void and no refund will be given for any session fee or monies paid. Alternatively, cancellations of bookings made with a Gift Voucher will incur an administration fee (whichever is applicable). Rescheduled sessions or viewing and design appointments must be re-booked within 7 days of the original booking for attendance on a date not more than 8 weeks from the original booking date, otherwise, the booking is deemed to be a cancellation, and session fee or any monies paid will be forfeited. Images or products purchased after a session will require payment to be made in full at the time of placing an order at the viewing and design appointment. Once payment is made no changes can be made to an order, though additional images or products may be obtained under a separate order and accompanying invoice. No refunds will be given for change of mind after an order has been placed. Should the Photographer be required to recover any unpaid invoices or other sums from the Client, the Client agrees to indemnify the Photographer for any costs incurred, including legal fees on a solicitor/client basis.  

4. Work Product; The Photographer will deliver proofs of photos to the Client no more than thirty (30) days after the date of the Session. The Client understands and agrees that proofs are the exclusive property of the Photographer and the Client has no right to these images except for a license to review them, but not to save or store them. All images delivered to the Client are licensed for the Client’s personal use only and may be printed using a company of their choice. The Little Oak Studio will not be responsible for poor quality images printed through cheap labs. Copying, scanning, retouching or reproducing images is strictly prohibited. Print-screening images from Website or Social Media business pages is also against the law. The Client understands and agrees that for print packages, prints and products take longer for delivery. Large canvas and other photography products must be collected from The Little Oak Studio, unless the Client agrees to pay for a courier. The Photographer must deliver photos in a reasonable amount of time after the Client has made a final order and payment has been received in full. Client must make final selections at their viewing and design appointment, which must occur within 4 weeks of the Session, otherwise, a retrieval fee may be charged. Galleries of images will be deleted 90 days from the date of the Session. 

5. Indemnification; 

5.1 The Photographer and the Client agree that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the Session. For example, the Photographer has no liability for failing to capture the bride throwing the bouquet. The Client is encouraged to provide a suggested photo list to the Photographer no less than 24 hours prior to the Session to include the images that the Client would like the Photographer to shoot, but the Photographer has no liability for capturing any of the listed photos. 

5.2 If the Photographer is unable to perform the services in this Agreement due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the Photographer’s control or expectation, the Client agrees to indemnify the Photographer for any loss damage or liability; however, the Photographer will return in full all payments made by the Client to the Photographer in relation to this Session. The Photographer has the right to reschedule a Session due to poor weather conditions such as rain, wind or being overcast causing poor lighting. 

5.3 The Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure. Cameras, hard drives and memory cards are subject to technological failure. The Photographer will take reasonable steps to prevent such data loss, but is not liable for loss of data due to technical failure. 

5.4 The Client understands and agrees that the Photographer is required to retain copies of a reasonable number of images from the Session for 90 days after the Session. After this period has expired, the Photographer has no duty to retain copies or originals of files or photos from the event. It is the responsibility of the Client to purchase, store and backup images after the 90-day period. This clause is subject to the limitations in Section 5.3 of this Agreement. 

5.5 If the Client requires a second copy of their images due to loss of USB flash drive or any other reason, the Client will pay the replacement fee. This includes the replacement of the USB and previously purchased images. This is non-negotiable. 

5.6 The Client understands and agrees that the Photographer may have cords, light stands and other gear and props at the location. The Client will hold the Photographer harmless for any damage, personal injury or loss caused by tripping over or otherwise being injured from this equipment. If the Client agrees to hold the Photographer harmless for any personal injury which may occur as the Client poses or works with the Photographer. 

5.7 The Client agrees and understands that the Photographer may perform digital retouching of images, including blemish removal, creative effects, teeth whitening and other digital image edits. The Client agrees to hold the Photographer harmless for any edits which may be viewed as defamatory or demeaning. 

5.8 The Photographer will not be held responsible for the behaviour of children on the day, e.g. tantrums, or any behaviour making it impossible to photograph. The Photographer will not offer a cancellation or reschedule unless the Client pays for another Session. 

6. Duty of Client; The Client will obtain all permissions required for the Photographer to photograph at the Session. The Photographer has no duty to obtain permission of parks, properties or other locations to operate thereon. The Client understands and agrees that any failure to obtain these permissions resulting in fines to the Photographer or which prevent the Photographer from photographing the event(s) is not the fault, liability or responsibility of the Photographer. 

7. Exclusive Photographer; The Client agrees and understands that no other party other than the Photographer may take photos of any poses, lighting situations or setups made by the Photographer. This slows down the Photographers work and violates the Photographers right to take photographs of the event. The Client agrees to take responsibility for insisting that no person(s) get in the way of the Photographer or take photographs in these situations. 

8. Model Release; In exchange for valid consideration, the Client grants permission to the Photographer and its assigns, licensees and sub-licensees’ permission to use the Clients image or likeness in any and all forms of media for commercial purposes, advertising, trade or any and all other uses. Therefore, the Photographer may use the Clients likeness and images on the Photographers website or other advertising. The Photographer may allow use of images containing the Clients likeness to third parties. 

9. Mediation; The parties agree to use their best endeavors to resolve any dispute between them. Any dispute that cannot be resolved by the parties shall be submitted to binding arbitration by the Australia Mediation Association in accordance with the Association’s commercial rules then in effect. The mediator shall be conducted in the state of South Australia. The mediator shall be binding on the parties. 

10. Assignability and Parties of Interest; The Client agrees and understands that, unless otherwise specified in this Agreement, the Client is not contracting for a personal service that will be performed by any specific photographer. The Photographer may sub-Agreement or assign this Agreement to any second-shooter, the Photographer may assign any photographers associated with The Little Oak Studio to perform its duties under this Agreement. All photographers must be capable and competent to perform the services in a workmanlike manner. 

11. Entire Agreement; This Agreement constitutes a single integrated Agreement expressing the entire agreement of the Client and the Photographer with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the matter of hereof and except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof. 

12. Amendment and Waiver; This Agreement and each provision hereof may be amended, modified, supplemented, or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorised representative of such party. 

13. Venue and Jurisdiction; This Agreement is governed by the laws applicable in the state of South Australia. The Client and the Photographer hereby waive the right to object to venue within this state. 

14. Severability; If any part of this Agreement is determined to be void, invalid, inoperative, or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein. 

15. Headings and Subheadings; The clause headings in the Agreement are for reference only and do not form a part of this Agreement.