PHOTO FINISH PHOTOGRAPHY — TERMS OF SERVICE

Olivia Sutton trading as Photo Finish Photography · ABN 86 010 504 226 · 0426 293 388 · www.photofinishphotography.com.au

These Terms of Service apply to every photography session booked with us, regardless of the type of session. They are incorporated by reference into the Booking Form you sign for your specific session. Your Booking Form sets out your personal details, session details, and fees; these Terms set out the conditions that govern our engagement with you.

DEFINITIONS
We, our and us means Olivia Sutton trading as Photo Finish Photography (ABN 86 010 504 226). Services means the photography and related services we provide according to these Terms and the package you have ordered. You and your means the client named in the Booking Form. Booking Form means the specific booking form (including any order form, booking confirmation, or email confirmation) that you sign for your session. Event means the photo shoot performed at the agreed location and date(s) set out in your Booking Form. Session Fee means the booking fee payable to secure your session, as set out in your Booking Form.

SERVICES
We will perform the Services at the agreed location and on the date(s) set out in your Booking Form. After your session, we will provide a way for you to review your images and select those you wish to order or receive, and post-session image processing will include basic retouching. You are responsible for ensuring the contact details you provide are correct so you can receive your photos, and for checking your spam or junk folder if you don't receive expected communications from us. We will only make available for review and selection those images we consider suitable. Due to limited storage space, we will only retain your session files for up to three months after your Session Date, after which they may be archived or deleted, and we recommend you make your selections and orders within that period.

FEES
Your Session Fee (booking fee) is due when your session is booked and is generally non-refundable except as set out under Event Changes and Cancellation. Fees for photos or products ordered must be paid in full at the time of ordering, unless otherwise agreed in writing. Prices are guaranteed for 30 days following your ordering session. We accept payment by cash, bank deposit, cheque, PayPal, or card payment via PayPal. You must reimburse us for reasonable out-of-pocket expenses incurred in providing your Services (such as travel or venue costs), where agreed in advance.

OTHER ITEMS AND ACKNOWLEDGEMENT
There may be photographic equipment, cables, lighting, stands, and props at your session location; you and anyone attending with you must take care around this equipment. You acknowledge photography is a subjective, creative art form, and we retain reasonable creative discretion over how your session is conducted and images are edited. You must cooperate and provide reasonable assistance during the session (and ensure any children or other attendees also do so) to allow us to perform the Services properly.

HAIR AND MAKEUP STYLING (WHERE PROVIDED)
Where hair and makeup styling is included as an add-on to your session, this service is delivered by an independent stylist. We accept no liability for any allergic reaction, skin irritation, product damage, or similar issue arising from styling services. The Hair and Makeup Artist's fee is not refundable for no-shows or late cancellations, as set out below.

EVENT CHANGES AND CANCELLATION
If we need to reschedule, we will provide as much notice as reasonably possible. If you need to reschedule, you must give us at least 24 hours' notice. If we are more than 30 minutes late to your session, you may reschedule and we will refund a pro-rated amount of your Session Fee. We may cancel an Event by notice to you, in which case we will refund fees paid or offer a reschedule. If you cancel (rather than reschedule), your Session Fee is forfeited. Where a Hair and Makeup Artist has been booked, their fee (currently $350) is non-refundable for no-shows or cancellations within the notice period.

COPYRIGHT
We own the copyright in all photos arising from our Services. Personal use: you have a perpetual, non-exclusive, royalty-free right to use and share the photos for personal, non-commercial purposes. Business use (corporate headshot and personal branding clients): where your session is a corporate headshot or personal branding session, your licence also extends to use of the photos for professional purposes such as company websites, LinkedIn, marketing materials, and internal corporate use. Other commercial use beyond this requires our separate written agreement and may attract additional licensing fees. You must not remove watermarks or copyright metadata from any photo, and you must attribute us as photographer where reasonably practicable.

LIABILITY AND INDEMNITY
To the maximum extent permitted by law, our aggregate liability to you for any claim arising from the Services (a) is limited to the fees you paid us to perform the Services; (b) excludes any indirect, incidental, special, or consequential damages, including loss of revenue, profits, or opportunity; and (c) will be reduced to the extent that you, your child, or any other person having their photo taken contributed to the loss or claim. Where the law does not permit exclusion of a warranty, our liability is limited, at our option, to resupplying the Services or refunding the fees paid. If we lose the data to your digital photo files, or the files are corrupted and cannot be retrieved, our liability to you is limited as set out above. You indemnify us (including our personnel) against claims arising from our use of your photos and information in line with the consents you've given under these Terms, your failure to obtain necessary consents from other people appearing in the photos, the validity of any consent you have provided under these Terms, and (where applicable) your representation and warranty regarding your capacity to consent on behalf of a child.

EVENTS BEYOND CONTROL
We are not liable for delay or non-performance caused by circumstances reasonably beyond our control.

PERSONNEL
We have a number of photographers who may deliver your Services. You may request a particular photographer, subject to availability.

CONSENTS, MARKETING AND PHOTOS OF CHILDREN
You consent to us using your personal information and photos to perform the Services. Unless you tell us otherwise in writing, you also consent to us using your photos for reasonable marketing and promotional purposes (e.g. website, social media, portfolio). You acknowledge we may edit, crop, and combine photos as part of our creative process. Where other people appear in your photos, you must obtain their consent to these uses. To the maximum extent permitted by law, you release us and our personnel (including Olivia Sutton) from any claim arising from our use of the photos and information as permitted under these Terms. Where our Services relate to a child, you may narrow or withdraw your marketing consent at any time, and by booking you represent and warrant that you have the legal authority to consent on the child's behalf.

TERMINATION
Either party may terminate this agreement by notice if the other party breaches it, subject to reasonable opportunity to remedy where applicable.

GENERAL
This agreement comprises your Booking Form and these Terms, which together form the entire agreement between us. Changes are only effective if agreed in writing. If any clause is found unenforceable, the rest remains in effect. We may assign our rights or obligations without your consent; your acceptance of these Terms does not create any right for you to assign your obligations without our consent. Prices are inclusive of GST where applicable. This agreement is governed by the law of New South Wales, and the parties submit to the exclusive jurisdiction of its courts. You are taken to have agreed to these Terms if we perform the Services for you following your booking, whether or not you have formally signed your Booking Form.

GIFT CERTIFICATES / GIFT VOUCHERS
Gift vouchers may be used toward session fees, prints, digital files, or canvas orders, and are valid for use across any of our session types, including corporate headshots. Sessions redeemed via voucher must be held at a time and location agreed with us, generally within 20km of Lane Cove unless otherwise stated. Vouchers are valid for 12 months from the date of issue, and sessions must be booked within that period.

MODEL CALL / COLLABORATION SESSIONS
This clause applies only if you take part in a model call or collaboration session, where no session fee is charged. You grant us a perpetual, worldwide, royalty-free right to use, reproduce, and publish the resulting images for our promotional and portfolio purposes. You may use the edited images we provide for your own personal and portfolio use. You confirm you are at least 18 (or have parental/guardian consent if under 18). To the maximum extent permitted by law, you release us and our personnel (including Olivia Sutton) from liability arising from your participation in the session.

ACKNOWLEDGEMENT
By signing your Booking Form, you confirm that you have read and understood this document (including your Booking Form and these Terms of Service), and that you have had the opportunity to seek independent legal advice before agreeing to be bound by them.

Again, I'd strongly encourage a lawyer to review this before it replaces your current contracts, particularly the liability, indemnity, and release clauses, since those are the ones doing the real work of protecting you. Let me know if this covers what you need, or if there's anything else from the original you want double-checked.