DOMESTIC PHOTOGRAPHY TERMS & CONDITIONS
Agreement
This agreement is put in place so you know exactly what a session with us entails and to ensure that we are able to deliver on your expectations. Please read all information carefully, and if you have any questions at any time, just ask.
Terms
“photographer” means Victoria Berekmeri or any other photographer sub-contracted under her business name.
“shoot & session” means your photographic session with the photographer where your photographs are taken.
“client/s” means individual who engages the photographer to produce photographs.
Copyright
1) It is agreed that the photographer, retains the copyright to all images taken at your session. It is illegal, unethical and punishable by law to scan, copy or reproduce these images in any manner or medium unless you have purchased a limited copyright license from Victoria Berekmeri Photography.
Likewise, clients cannot authorise any reproductions of images for commercial use, personal use, for photographic competition or display. Even though the pictures may be of you or your child, the photographer owns the copyright to the images. The photographer is the only entity who can crop, alter or modify any image produced at your session.
2) Originals and digital files remain the property of the photographer. It is agreed that the photographer may use any image from our session for industry competitions and as required for reasonable general promotional material for the photographer's business. The usage for any other purpose is to be renegotiated between the parties and requires specific permission from you, the client/s.
While the digital files are available for purchase, copyright is retained by the photographer and a limited release (for personal use only) is given for the files when they are purchased.
A limited release means you are able to use your images for any purpose other than 1) sell them to a 3rd party 2) enter them into competitions 3) use them for commercial purposes.
Session and Booking Fee
3) Sessions are booked by payment of the non-refundable booking and session fee of $100.
The payment of our booking and session fee is to reserve your allocated shoot date, time and current fees. Your session fee does not include any prints or products, including digital files. These are available for purchase.
Should you be unable to pay your deposit at the time of booking, the photographer reserves the right to offer your time and date to other clients. Your fees and shoot date are not reserved until your booking fee has been paid.
If you, your child or any attending individual is feeling unwell, please call to reschedule. The photographer understands that sometimes, this happens. If you must cancel, please try to do so at least 48 hours prior to your session, in the case of not showing up for your session, you forfeit your entire booking/session fee. The booking and session fee is non-refundable but is transferrable for another date/time as agreed.
Re-shoots & Attendance
4) Re-shoots are at the discretion of the photographer and are not given for regretful personal choices such a hair and clothing, or for non-compliant children on the day of the session.
5) To avoid disruption to the photographic coverage and to allow the photographer to fulfil its agreed duty, other photography, videography etc by family/friends during the shoot is not permitted. If you wish to record your session for prosperity reasons, please discuss this with the photographer.
6) Attendance at your photo session is limited to those individuals being photographed. In the case of children and newborns, attendance is limited to 2 parents only (if more parents or grandparents are wishing to attend please discuss this with the photographer). Siblings are welcome if they are to be photographed as well. In order to minimise distractions and ensure a more productive and successful session it is recommended that the number of persons present be kept to an absolute minimum.
The Process
7) We endeavour to provide a ‘sneak peek’ into your session via our social media platforms and blog, when time permits.
8) When your images are ready to be viewed, you will be notified via email, requesting your nominated time to unlock your gallery. Once your request to unlock your gallery has been initiated, you will have 48 hours to finalise your orders via the online system. You are welcome to share the password protected gallery with any family you think may like to order as well. Please keep this in mind when nominating a time to unlock your gallery. Any extensions to this "window to order" will incur a $50 administration fee.
9) Our products are available to order via the online platform Pixieset. This is where you view your edited images for the first time and decide what you’d like to do with your chosen images. The photographer will call you to provide assistance with choosing products as requested. We do NOT hard sell. We are simply there to help you decide on the images and/or products you wish to purchase.
10) You agree that you have received, read and understand the photographer’s price list which will remain as the price list for your session, even if the photographer’s prices increase between the booking date and your shoot. It is agreed that you will be offered additional product and prices if they happen to change during this time, but only if they benefit you, the client. The price list does not transfer to subsequent shoots in the years to come.
11) You agree that ALL interested parties have received, read and understood the photographer’s price list. This means that all financial decision makers in relation to your session are fully aware of the price list associated with your session PRIOR TO BOOKING.
File Handling
12) Between your shoot and finalisation of your order your images are fully backed up and secured as adequately as possible both onsite and off. Once your session and orders have been finalised, all un-ordered images are deleted 60 days from the finalisation of your order.
13) In the event that you are unable to make any decision in regard to purchase of images from your gallery (no purchase of any image is made) your gallery will be kept on file for 60 days after which time your images will be deleted.
14) All due care is taken by the photographer to capture and transfer your session files through the workflow process. The photographer is not liable for the unlikely event of any loss of files due to equipment failure (such as memory card corruption) and all reasonable efforts will be taken to recover lost files in the event of such failure.
Payment & Delivery
15) Full payment for your order is due at the time of ordering during your nominated 'window' and can be made via the online ordering system. Due to the custom nature of each session, all sales are final. Please be sure to inspect your images carefully. Once images and products are ordered, all sales are final. Payment plans are available via negotiation with the photographer. Products will not be ordered / provided until full payment has been received.
16) Your ordered products will be ready for collection within 4-6 weeks (depending on your order). Any products other than digital files will be posted directly to you from the suppliers used.
Refunds
17) Due to the custom nature of our products, we cannot offer a refund or exchange on items once the order has been placed with our suppliers. If the product is damaged or faulty we will do our absolute best to make good or replace the faulty or damaged product. If we are unable to do this, we will provide a refund. Where are refund is given, this will be returned via the payment method in which it was made (credit card/stripe/direct transfer etc) and is subject to fund transfer times depending on the bank/institution. Refunds will be provided upon the return of the damaged/faulty goods. Gift cards or vouchers are not redeemable for cash.
Editing and Design
18) The images will be fully processed and finished when you view them via your online gallery. The photographer does not offer extreme re-touching services such as head swapping and changing clothing colours.
Storage
19) It is the client's responsibility to back up their digital files, we suggest in at least 2 different locations. Handling, storage and maintenance of your portraits are your responsibility. Handle your prints with extreme care. Damage incurred as result of improper handling, framing or hanging is the responsibility of the client.
Visual Variations
20) Clients are to be made aware that there may be slight colour differences between what they view on their home computer compared to what is printed. This is due to the differences in monitor calibration. All monitors used by the photographer are fully calibrated and are matched to the profile of our professional labs. This colour variation also applies to press printed products such as greeting cards. In short, if you print from Big W and they don’t look the same as from a pro-lab, it is due to the poor quality of the print, not the digital file provided by the photographer.
Acts of God
21) The photographer shall carry out this agreement with due and professional diligence. Elements beyond the photographer’s control include faulty material, equipment failure, failed hard drives and back ups. Every effort to ensure the safety of your precious images has been taken including off site storage and backups. However in the case of the above the photographer shall not be liable for its complete performance of the agreement and liability shall be limited to a refund of any money paid under this agreement which shall be full and final satisfaction of any damage or loss suffered.