| 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 |
“studio” means Kate & Co, family photographers and those in the studio’s employment
“shoot & session” means your photographic session with the studio where your photographs are taken
“client/s” means individual who engages the studio to produce photographs
| copyright |
1) It is agreed that the studio, 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 licence from Kate & Co.
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 studio owns the copyright to the images. The studio is the only entity who can crop, alter or modify any image produced at your session.
2) Original RAW files and digital files remain the property of the studio. It is agreed that the studio may use any image from our session for industry competitions and as required for reasonable general promotional material for the studio. 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 studio 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 $90 OR by utilising a Gift Card given to you (this might have come from a friend or family member or from one of our partnered businesses).
The payment of our booking/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 studio 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 studio 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/gift card.
The booking/session fee is non-refundable but can be transferrable for another date/time as agreed.
If at any time prior to the shoot, the studio feels that we are not a good fit for the client or cannot deliver on exceptions/client assumptions, the studio reserves the right to cancel the session, and is not obliged to undertake the shoot for any reason. Any paid monies will be refunded.
| gift cards & certificates |
4) If you have received a gift card from one of our partnered businesses such as Speciality Orthodontics or Burnside Hospital, it is not necessary for you to pay the booking/session fee as this is covered by your certificate.
However please be respectful of our time. If you cancel or change your shoot date without adequate notice (48 hours at least), it is at the discretion of the studio as to whether you will be required to pay the booking/session fee when rescheduling your shoot. If in doubt, please check.
If you just disappear and don’t communicate with us after booking a session, you forfeit your gift card.
| re-shoots | attendance | other photographers |
5) Re-shoots are at the discretion of the studio and are not given for regretful personal choices such a hair and clothing, or for non-compliant children on the day of the session. Please have realistic expectations of you children – we will not off a reshoot if you feel your child didn’t ‘perform’ to your liking. Kids are kids. And they are perfect just the way they are.
6) To avoid disruption to the photographic coverage and to allow the studio 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 your photographer.
7) 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 studio). 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 |
8) We often record ‘behind the scenes’ footage of our sessions, editing flow, final products etc. Unless you request us to not do so we assume you are happy for us to do this and that you are comfortable with the sharing of this footage on social media as per the copyright agreement in (2).
9) At the end of your photography session, while you are getting baby/children changed and snack/feeds are happening, your photographer will download your images and cull them. They will then present your images to you in the studio where you will be guided through the purchasing process.
10) The studio offers a two step process to purchasing your portraits – step one is to select your favourite digital files (we offer packs of 5, 10, 20 or all your images). Once you have selected your images you can then opt to include these images in final printed products such as wall art or albums. Your photographer will guide you through this process. Once your decisions have been made, payment is required. Your photographer will then make the final editing finishing touches to your images and send them to you via our online gallery software where you can download them and back them up and print them.
10.a) Please note that images which are not selected and purchased at your session are not retained by the studio and will no longer be available for purchase after your session date.
11) You agree that you have received, read and understand the studio’s price list which will remain as the price list for your session, even if the studio’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.
12) You agree that ALL interested parties have received, read and understood the studio’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. You understand that it is our goal to create images that you simply can’t live without. Please prepare yourself to LOVE all of your images and budget accordingly.
| file security and back up |
13) Between your shoot and finalisation of your order your purchased images are fully backed up and secured as adequately as possible both onsite and in the cloud.
14) Unpurchased images are not retained by the studio. This is why it’s so important to make sure you are prepared and can make payment for your images at your session or are able to enter into a payment arrangement with the studio.
| payment | payment plans | collection |
15) Full payment for your order is due at the time of your photography session/purchasing appointment and can be made by cash, direct deposit or credit card. 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 through PayRight, minimum 10% deposit required and terms available up to 12 months. There is also the option to pay 50% deposit, and 50% at collection of purchased products. In the unfortunate event that payment is not received the studio retains the right to claim any and all legal and collection fees pertaining to the outstanding invoice.
16) Your ordered products will be ready for collection within 4-6 weeks (depending on your order). We will contact you to arrange a convenient time for you to collect your order from our Edwardstown Studio. The studio will communicate with you in the event that delays are incurred due to suppliers.
| 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.
| delivery |
18) Payment for your products is due at the time of ordering unless a payment plan has been entered into. payment plans require a minimum of 10% deposit. Production of ordered products will not begin until payment is received in full.
Collection of products is approximately 6 weeks after the order has been placed with our suppliers. Prints are approximately 2-3 weeks, albums 3-4 weeks, framed products 4-5 weeks. All times are approximate.
| editing and design |
19) The studio does not offer extreme re-touching services such as head swapping and changing clothing colours. When purchasing digital files, Jpeg images are provided, we do not provide access to RAW files.
20) Custom designed products such as Birth Announcement cards etc are priced to include one round of changes. Any changes to the original designs over and above 1 round, will incur a $50 re-design fee.
| storage | maintenance |
21) Handling, storage and maintenance of your portraits are your responsibility. MAKE SURE YOU BACK UP YOUR DIGITAL FILES. Handle your prints with extreme care. Damage incurred as result of improper handling, framing or hanging is the responsibility of the client. Please be aware that light impacts everything – white frames will colour over time and black frames may fade slightly, even though they are of the highest quality. We cannot guarantee that a white frame purchased today will match exactly a white frame purchased 5 years ago.
| monitor calibration |
22) 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 studio 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 studio.
| acts of god |
23) The studio shall carry out this agreement with due and professional diligence. Elements beyond the studio’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 studio 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.
| prizes |
24) All prize giveaways are subject to our standard terms and conditions as listed here.
25) the studio reserves the right to cancel prize giveaways at any time for any reason.
By attending your photography session it is taken that you agree by the terms set out here in.
| thank you | we are really looking forward to working with you and your family.
If you have any questions at all regarding this agreement, please call the studio on 0419 809 570 or email us at hello@kateandco.com.auWe
