Terms & Conditions

Services provided by: Whispering Willow Photography

These terms and this Contract form the basis of our arrangement to provide you with our Services and to produce your photographs. The Quote we may provide, as well as all related materials, form part of this Contract and are governed by these terms. By engaging our Services, you agree to our terms of this Contract. 

1 DEFINITIONS

1.1 'Client', 'you' means the individual engaging our Services.

1.2 'Service' or 'Services' means the provision and production of all types of portrait photographic images, video and related work, including digital and print, for personal use.

1.3 'Quote' means the most recent fully inclusive cost quote or proposal for the portrait photography Session, which may include hair and makeup, provided to the Client.

1.4 'Session' means the Client work outlined in detail in the Quote.

1.5 'Content' means any and all still and moving images, files and other material that forms part of

any Session and our Services.

1.6 'We', 'our' and 'us' means Whispering Willow Photography, its directors, employees, contractors and affiliates. 

2 SERVICES AND VARIATIONS

2.1 We provide our Services in a professional manner and in accordance with generally accepted industry practice and standards. We agree to perform our Services using our team, representatives and service providers who have appropriate qualifications and skills to perform the Services.

2.2 At any point in the provision of the Services, you may request or require a variation ('Variation') to the Services for which we will provide a cost estimate. In the event we both agree to this Variation, we will agree timing for the additional work and the timing for payment for the Variation. If we agree to proceed, any Variation will form part of and be on the same terms as the Services in this Contract.

2.3 We make no guarantee, either expressed or implied, in regard to the quality of any photographs, videos or images. We are not responsible if the subjects to be photographed are not cooperative with the photographer.

3 DELAYS AND CANCELLATION

3.1 Events may occur which delay or suspend shooting of the Session on a particular date that may be out of our control. In the event that the Session is dependent on factors such as weather or other features which may be unavailable due to issues outside our control, we will not be held and are not responsible for any delays for any such reason or event. The Session will be rescheduled to the earliest possible date that may be acceptable to both you and the photographer.

3.2 There may be additional costs involved should you request any specific requirements or restrictions which may contribute to or cause the delay in commencement or finalisation of elements of the Session. These may be discussed and brought to your attention prior to commencement of the Session.

3.3 In the unlikely event of any technical or other breakdown which may delay shooting, we will reschedule the Session to the earliest possible alternative date.

3.4 We are not responsible for any Force Majeure event which may delay, suspend or make the Session commercially impracticable, inadvisable or impossible and require any termination of all or part of a Session. In particular, we are not liable for any failure of or delay in the performance of this Contract and our Services where such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, flooding, fire, war, political events, strikes or labour disputes, embargoes, government orders or any other Force Majeure event.

3.6 To cover our time, Session administration, pre-production costs and bookings, there is no refund of any deposit amounts where you fail to appear, cancel or terminate the Session.

3.7 In the event that you need to cancel your session, the deposit will be transferrable to another date within 12 months of the original booking date. Any changes to Whispering Willow Photography's pricing or packages during that time will be applicable to the new booking date.

4 DELIVERY AND TIMELINES

4.1 All deliveries and timelines will be agreed at the point of receipt of the deposit amount and agreement for Services. You acknowledge that there may be delays in the delivery of the Session which may be out of our control and for which we may not be held responsible.

4.2 No part of any order, including proofs and prints, will be delivered until the payment balance is paid in full. Processed digital photographs and files will be handed over within 4 weeks from the date of the final payment.

4.3 We retain the right to edit the photographs and omit any image that does not meet our creative standards and in our discretion. It is understood that we may not deliver every exposure taken and you agree to abide by our editing decisions.

4.4 In the unlikely event you are completely dissatisfied with the final results, we will discuss and determine any reshoot of the Session in our sole discretion. Reshoots will not be offered for illness on the day, poor choices in clothing, make-up, hair, weather related and behavioural issues that are beyond our control. 

5 PAYMENT TERMS

5.1 A non-refundable session fee is required to book our Services. The total amount of your chosen collection is due 24hrs prior to the start of your Session and is required for the session to proceed.

5.2 A minimum deposit of 50% is required up front for additional orders, including additional editing, extra prints, provision of digital images and other products. The balance is due upon collection or prior to delivery of your additional orders.

6 OWNERSHIP OF COPYRIGHT AND MODEL RELEASE

6.1 We own the copyright to all the Content from the Session. We retain the exclusive right to use any of the Content from the Session, in any and all forms of media, for advertising, marketing, exhibitions, competitions and commercial purposes. If you do not wish us to use any of your Content, we ask that you provide a written request to us to revoke this use.

6.2 No images that contain nudity will be used by us or otherwise placed in the public domain without your express permission.

6.3 Content from the Session is for your personal use only and you may display, print, upload, email, transmit electronically, post to social media and publish it on your personal website. You may not apply for copyright registration, sell, make derivative works or otherwise modify the Content without our express written consent.  This includes but is not limited to retouching and applying filters.

6.4 Any digital files received by the Client are final edited images. Whispering Willow Photography does not release RAW files.

7 STORAGE OF CONTENT

7.1 We endeavour to keep all Content for a period of 24 months after delivery of our Services in the event you may require copies.

7.2 We cannot be held liable for nor are we at any time responsible for the storage of or any loss of Content or all or any part of any Session after final delivery. 

8 LIMITATION OF LIABILITY

8.1 You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services, any Content or the Session itself.

8.2 This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through any camera malfunction, or otherwise lost or damaged without fault on our part. In the event we fail to perform for any other reason, we shall not be liable for any amount in excess of the full cost of the Session, or a reshoot can be scheduled at no additional cost.

8.3 You understand the unpredictable and non-posed nature of some photography and waives any right to any action due to missed or lost photographs. We are also not responsible for and you agree to take over and indemnify us for any third party claims that may arise as a direct or indirect result of your use of the Content and our Services.

8.4 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified ('Statutory Rights').

8.5 Our liability is governed solely by the ACL and these terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

8.6 Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

8.7 When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option: the supply of any services again; or the payment of the cost of having any services supplied again.

8.8 No agency, partnership, joint venture, or employment is created as a result of these terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

8.9 Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

9 GOVERNING LAW AND DISPUTE RESOLUTION

9.1 This Contract is governed by the laws of VIC, Australia which are in force from time to time.

9.2 In the event of any dispute arising out of or in connection with this Contract, the parties agree to first attempt to submit to arbitration in accordance with and subject to the rules of the Institute of Arbitrators and Mediators Australia prior to litigation through any court process. 

TERMS & CONDITIONS | PRIVACY POLICY