PHOTO FINISH PHOTOGRAPHY
COMPLETE TERMS & CONDITIONS
Personal Branding Photography Services
Olivia Sutton trading as Photo Finish Photography
ABN 86 010 504 226
These Terms & Conditions supplement and form part of your Personal Branding Photography Agreement
1. SERVICE PERFORMANCE & DEFINITIONS
Parties: "We/us/our" means Olivia Sutton trading as Photo Finish Photography. "You/your" means the client named in the Photography Agreement.
Services: We will perform the personal branding photography services as specified in your signed Photography Agreement. If service details change, additional fees may apply with your approval.
Creative Standards: You acknowledge that photography is a subjective form of artistic expression. We will use commercially reasonable efforts to meet your brand requirements while maintaining our professional standards and creative judgment.
2. DETAILED SCHEDULING POLICIES
Consultations & Sessions
We will arrange mutually convenient times for pre-session consultations and photography sessions.
Recording Restrictions: You and any other persons may not use personal cameras, video cameras, or recording devices during any consultation or session with us.
Advanced Rescheduling Terms
Client Rescheduling:
First reschedule: Free with 48+ hours notice
Second reschedule: 25% fee of session cost
Third reschedule: Session forfeited, new booking required
Less than 48 hours notice: 50% deposit forfeited
Photographer Rescheduling: We will provide maximum notice possible if we need to reschedule. You may reschedule if we are more than 30 minutes late. If we cannot reschedule within 30 days, full refund will be provided.
Weather & External Factors
For outdoor sessions, we will monitor weather conditions and may reschedule for optimal results at no charge to you.
3. COMPREHENSIVE LIABILITY & PROTECTION
Equipment Safety
You acknowledge we will have heavy photographic equipment, cables, lighting, stands and props at our studio or on location. You must ensure that all persons (especially children) do not come into contact with these items which may cause injury, harm or property damage.
Child Supervision
If children are present during any session, you are responsible for supervising them at all times and ensuring they remain in a safe environment away from photography equipment.
Location Responsibilities
When we conduct sessions at a location chosen by you (other than our studio), you are responsible for:
Ensuring all approvals and licenses have been obtained at your cost
Providing safe access for equipment and personnel
Obtaining any required permits from owners or regulatory authorities
Ensuring adequate parking and equipment access
Technical Failures
Data Loss: If we lose digital photo files or files become corrupted and cannot be retrieved, we will refund a pro-rated portion of fees paid. This is your sole remedy for data loss.
Equipment Failure: We maintain backup equipment, but are not liable for technical failures beyond our reasonable control that may affect session scheduling or results.
4. DETAILED COPYRIGHT & USAGE
Image Ownership
Photo Finish Photography retains full copyright ownership of all images created during sessions.
Your Usage Rights
As specified in your Photography Agreement, you receive worldwide business usage rights including:
All digital marketing and online presence
Print marketing materials and business communications
Media coverage and professional networking
Speaking engagements and corporate communications
Usage Restrictions
You may not:
Sell, license, or distribute images to third parties for their commercial use
Use images for stock photography or resale purposes
Remove watermarks or copyright metadata
Modify images without our permission (basic cropping/resizing permitted)
Use images in political campaigns without written permission
Third-Party Commercial Licensing
If you require images for product endorsements, major advertising campaigns, or third-party commercial use beyond personal branding, additional licensing fees may apply.
5. COMPREHENSIVE INDEMNIFICATION
Your Indemnification Obligations
You agree to indemnify and hold harmless Photo Finish Photography, our personnel, successors and assigns from all claims, losses, damages, liabilities, expenses, costs and legal costs arising from:
Your use of images beyond the granted license terms
Failure to obtain required third-party consents from all persons photographed
Any breach of your obligations under this agreement
Use of images that violates any law or third-party rights
Claims arising from your failure to obtain location permits or approvals
Any injury, harm or property damage at locations you have chosen
Waiver & Release
You waive any and all rights and claims (including past, present and future claims), whether in contract, tort (including negligence) or under statute, against Photo Finish Photography arising from the consents and usage rights granted in this agreement.
You release Photo Finish Photography from all claims, losses, damages, liabilities, expenses, costs and legal costs incurred by us arising out of our authorised use of images and information as permitted by this agreement.
6. DETAILED CONSENT REQUIREMENTS
Mandatory Third-Party Consents
Before the Session: You must obtain written consent from ALL persons who will be photographed.
Consent Must Cover:
Being photographed by Photo Finish Photography
The business usage rights outlined in your agreement
Photo Finish Photography's right to use images for portfolio/marketing purposes
Different Scenarios:
Individual clients: Must provide own consent
Minors (under 18): You must be parent/guardian OR obtain parent/guardian written consent
Corporate/team sessions: Must obtain individual consent from each person OR warrant you have corporate authority to provide consent
Employees: Employer consent may be required depending on employment terms
Documentation: Written consent recommended for all third parties to avoid future disputes.
Consequences: Failure to obtain proper consents makes you fully liable for any resulting claims, legal costs, or damages.
7. COMPREHENSIVE LIABILITY LIMITATIONS
Maximum Liability Cap
Our maximum aggregate liability to you, whether in contract, tort (including negligence) or under statute, is limited to the total fees paid by you for our services.
Excluded Damages
Our liability will not include any indirect, incidental, special or consequential damages, including but not limited to:
Loss of revenue, profits, or anticipated profits
Loss of business opportunities or savings
Loss of data or corruption of files
Reputational damage or business interruption
Statutory Exclusions
Any representation, warranty, condition or undertaking that would be implied or imposed by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy that cannot be legally excluded. Our liability for breach of non-excludable conditions is limited, at our option, to re-supplying services or paying the cost of re-supply.
Force Majeure
Neither party is liable for delays or inability to perform due to circumstances beyond reasonable control, including but not limited to:
Severe weather conditions
Natural disasters or emergencies
Illness or medical emergencies
Government restrictions or regulations
Equipment failure beyond our control
We will provide as much notice as possible and take commercially reasonable steps to remedy such situations.
8. IMAGE MANAGEMENT & STORAGE
Processing Timeline
Preview Gallery: Delivered within 3 business days of session Image Selection Period: You have 7 days to select final images Final Delivery: Processed images delivered within 7 business days of your selection Timeline Exclusions: Business days only (excludes weekends and public holidays)
Digital Storage & Archive
Gallery Access: 30 days from final delivery for downloads Archive Storage: Original files stored securely for 6 months Additional Orders: Available during archive period at current pricing File Deletion: Files permanently deleted after archive period expires No Backup Responsibility: We are not responsible for your file storage after delivery
Privacy & Data Protection
Your personal information is used solely for service delivery and business operations. We will not share your information with third parties without consent, except as required by law.
9. PAYMENT & FINANCIAL TERMS
Additional Services Pricing
Extra Edited Images: Refer to your Package Specification Rush Delivery (48 hours): $200 additional fee Privacy Package: $200 (restricts our portfolio usage rights) Hair & Makeup Artist: $350 for professional styling Additional Session Hour: $395 per hour or part thereof Travel Beyond 25km: $2.50 per kilometre each way
Payment Processing
Late Payments: 2% monthly fee on overdue amounts Returned Payments: $50 fee for any returned/bounced payments Currency: All amounts in Australian Dollars (AUD) GST: All prices exclude GST unless stated otherwise
Pricing Guarantees
Package prices are guaranteed for 30 days from quote date. Additional orders placed more than 30 days after session will be charged according to current pricing.
10. BUSINESS RELATIONSHIP & LEGAL FRAMEWORK
Assignment Rights
Photo Finish Photography may assign any rights or obligations under this agreement without your consent.
No Partnership
This agreement does not create a relationship of partnership, employment, principal and agent, or trustee and
beneficiary between the parties.
Entire Agreement
This agreement and the Photography Agreement represent the complete understanding between parties and supersede all prior discussions or agreements.
Modifications
Any changes must be made in writing and signed by both parties.
Severability
If any provision is found unenforceable, the remainder of the agreement remains in full effect.
Governing Law
This agreement is governed by New South Wales law. Both parties submit to the exclusive jurisdiction of NSW courts.
11. TERMINATION & BREACH
Termination Rights
Your Right: You may terminate with notice if we breach this agreement and fail to remedy the breach within 14 days of written notice.
Our Right: We may immediately terminate if you breach this agreement, including failure to make required payments.
Effects of Termination
Upon termination, you remain obligated to pay for services already performed. All usage rights and consents granted remain in effect.
12. QUALITY & SATISFACTION
Professional Standards
We guarantee professional-quality images that meet industry standards for personal branding photography. If you are not satisfied with technical quality, we will provide additional retouching at no charge.
Creative Judgment
Final creative and technical decisions remain with the photographer while respecting your stated brand objectives and requirements.
Delivery Standards
All delivery timelines are estimates based on normal workflow. We will communicate any delays as soon as possible.