Terms & Conditions

Terms & Conditions – Our Flock

 

This agreement (the "Contract") is entered into between “Our Flock” (hereinafter referred to as the "Photographer") and the and the person who makes the booking online (hereinafter referred to as the "Client").

 

1. ENGAGEMENT AND SERVICES

The Client wishes to engage the Photographer, and the Photographer accepts the engagement to provide the following services (the “Services”):

(a) Provide professional photography services to the Client as outlined in the booking confirmation.

(b) Provide digital Photographs to the Client as specified in the booking confirmation.

The agreed date, time, and Services, as per the Booking confirmed via email, will be secured once this Contract is acknowledged (e.g., signed or agreed to electronically) and the session fee is paid.

The Client acknowledges and agrees that it is their responsibility to ensure that all members participating in the session have read, understood, and agree to be bound by these Terms & Conditions.

The Client is responsible for all travel arrangements and associated costs to any agreed-upon location(s) for themselves and all other individuals participating in the session.

2. PAYMENT AND FEES

The fees for the Services are as outlined in the booking confirmation. Full payment of a session fee is required to secure the booking.

The Client shall be responsible for any additional fees or expenses incurred beyond the scope of the original Services outlined in this Contract and the booking confirmation.

3. CANCELLATION BY THE CLIENT

The Client may cancel the photography services by providing written notice, via email, to the Photographer. In the event of cancellation:

• For cancellations made more than 72 hours prior to the scheduled session time, the session fee will be refunded however the transaction fees for processing the payment will not be refunded.

• For cancellations made within 72 hours of the scheduled session time, no refunds will be issued for any fees paid.

• Exceptions may be made in extenuating circumstances at the Photographer’s sole discretion. The Client must provide sufficient evidence of such circumstances.

4. CANCELLATION OR RESCHEDULING BY THE PHOTOGRAPHER

• Photographer Illness: If the Photographer is unwell or unable to perform the Services, the Client will be notified as soon as reasonably possible. The Client will have the option to reschedule the session to a mutually agreed-upon date or receive a full refund of all fees paid for the session.

• Extreme Weather: In the event of extreme weather conditions deemed unsafe by the Photographer (e.g., storms, cyclones, high winds), the session will be postponed. The Client will be contacted as soon as reasonably possible to reschedule the session to a mutually agreed-upon date in the first instance. If this is not possible, the Client will be refunded for all fees paid for the session.

• Rainy Weather: Sessions may also be postponed in the event of rainy weather. This does not include light showers. Sessions may also be postponed due to dark, heavy clouds which will affect photography lighting conditions. The decision to postpone due to weather will be at the discretion of the Photographer.  The Client will be contacted as soon as reasonably possible to reschedule the session to a mutually agreed-upon date in the first instance. If this is not possible, the Client will be refunded for all fees paid for the session.

• Client Conduct and Safety: The Photographer reserves the right to cancel the Services at any time if the conditions or client behaviour outlined in Section 10 (Client Conduct and Photographer Safety & Wellbeing) are present. In such a case, no refunds will be issued for any fees paid, and the Client remains responsible for any outstanding balances for services already provided.

5. RESCHEDULING BY THE CLIENT

• Client-Initiated Rescheduling: The Client may request to reschedule the session by providing written notice via email to the Photographer more than 72 hours prior to the originally scheduled date. Rescheduling is subject to the Photographer’s availability.

6. GENERAL WEATHER CONDITIONS (INCLUDING SUNSET) AND REFUND POLICY

Please be aware that the Photographer cannot guarantee specific sunset lighting conditions, which are subject to general weather. No refunds or rescheduling will be provided due to cloudy weather or dissatisfaction with the sunset lighting.

7. RESCHEDULING POLICY AND REFUNDS

A full refund will be issued if a session is not completed after two reschedule attempts for any reason, including but not limited to inclement weather, illness, and extenuating circumstances (as further detailed in Sections 4 and 5). This applies to reschedules initiated by either party.

8. CLIENT NO-SHOW

Failure of the Client to appear for the photography session at the confirmed date and time will result in the automatic forfeiture of the entire session booking fee.

9. CLIENT LATENESS

Punctuality is essential to ensure the smooth running of scheduled photography sessions. The Client is expected to arrive at the agreed-upon location by the scheduled start time.

In the event that the Client arrives late for their session, the Photographer reserves the right to reduce the session time accordingly. This reduction will be at the Photographer's discretion and will primarily be implemented to avoid impacting any subsequent scheduled sessions. No refund will be offered for the reduced session time due to the Client's late arrival.

Should the Photographer have availability after the originally scheduled end time, it will be solely at the Photographer's discretion whether to extend the session for a certain timeframe. This extension is not guaranteed and will be subject to the Photographer's schedule and other commitments. Any decision to extend the session will not alter the original session fee.

It is the Client's responsibility to contact the Photographer via phone as soon as possible if they anticipate being late for their scheduled session. Failure to do so may impact the Photographer's ability to accommodate the lateness.

Clients who arrive after the allocated session timeframe will not be permitted to reschedule their session. In such instances, the Client will forfeit their session fees and will not be entitled to a refund. At their discretion, the Client may choose to book additional services at a future date, which will be subject to availability and separate fees.

10. CLIENT CONDUCT AND PHOTOGRAPHER SAFETY & WELLBEING

The Client acknowledges that the Photographer's ability to provide Services depends on a safe and respectful working environment. The Client agrees to ensure the appropriate behaviour of all persons present at the photography session, including themselves, family members, and any guests or other third parties.

The Photographer reserves the right to immediately terminate a session, leave a location or cancel a future booking if they, or anyone assisting them, experience or perceive:

• Threats to Safety: Any verbal or physical threat, intimidation, or action that puts the Photographer or their equipment at risk.

• Inappropriate or Abusive Behaviour: Any form of harassment, discrimination, or offensive conduct from the Client or any person associated with the Client.

• Detrimental Impact on Well-being: Any situation or behaviour that, in the Photographer's sole discretion, has the potential to negatively affect their physical or mental health and wellbeing.

In such circumstances, the Photographer shall not be liable for any incomplete session coverage and no refunds will be issued for any fees paid. The Client will remain responsible for any outstanding balances for services already rendered.

11. MODEL RELEASE AND PROMOTIONAL USE

Our Flock respects the privacy of all participants. The Photographer reserves the right to use images and videos from the Services for promotional and marketing purposes, including but not limited to their website, social media platforms, portfolio, and advertising materials.

The use of images, video, and audio for such promotional activities and marketing will be strictly limited to individuals who have provided their explicit consent by completing the relevant Model Release Form (more widely known as Image Consent). For participants under the age of eighteen (18) years, a Minor Model Release Form must be completed and signed by their Parent or Legal Guardian prior to any use of their media for these purposes.

By engaging Our Flock's services, the Client acknowledges and agrees to ensure that all necessary Model Release Forms are completed by participants in the session if they wish their media to be used for the Photographer's promotional activities and marketing. The Client is responsible for downloading the forms, distributing them to participants for signing, and submitting the completed forms when booking.

Unless explicitly communicated to the Photographer in writing before the session, the Client grants the Photographer the irrevocable and unrestricted right to use the photographs of consenting participants without any compensation or need for further approval. If the Client prefers that their images (or the images of specific participants who have signed a release) not be used for promotional purposes, this must be communicated to the Photographer in writing before the session.

The Photographer may provide these forms on location for signature if required, although advance submission is preferred.

12. CREATIVE CONTROL, ARTISTIC LICENCE AND IMAGE SELECTION

The Photographer retains creative control over the final images and the overall artistic direction of the Services provided. The Photographer reserves the right to accept or decline specific requests based on their professional judgment.

The Photographer will select the images deemed most suitable for the final delivery. Images deemed technically flawed, unflattering, or duplicative may be deleted or excluded.

The Client agrees that the Photographer has the right to edit all captured images, video, and audio, which may include artistic expression and interpretation in the final works. It is specifically understood that any edited media of the Client and their party will only be used by Our Flock for marketing purposes if participants have signed the necessary Model Release forms.

13. IMAGE FILES AND RAW IMAGES

Final images will be provided in JPG format via a digital online album. The Photographer will email a link to this album to the Client.

At the Photographer's discretion, High Efficiency Image File Format (HEIF) images may be included in the album in addition to the standard JPG files. The inclusion of HEIF images is not a standard part of the Services. Raw images require specialised software and editing expertise.

14. EDITING OF IMAGES

Following the session, the Photographer, at their discretion, will select the TEN (10) best images for professional editing and basic retouching, consistent with their portfolio style and artistic vision. Editing of images includes lighting and exposure adjustments, colour correction, and cropping. Basic retouching of images includes removing temporary blemishes, brightening teeth, and smoothing skin.

Additional or extensive editing and retouching requests beyond this scope may be accommodated at the Photographer’s discretion and will incur additional fees, subject to prior agreement.

15. PRODUCT DELIVERY AND DIGITAL ALBUM ACCESS

The Photographer shall aim to deliver the Client's finalised digital folder, containing a selection of unedited JPEG images and the 10 edited and basic retouched images, via a direct emailed link, within 10 days of the original session date.

The access to the digital album will be available for FOUR (4) WEEKS from the date of delivery. Due to storage restrictions, it is the Client’s responsibility to download all purchased digital images within this 4-week period as the access with the provided link will be deactivated.

Clients may purchase a USB of their images at an additional cost; however, the delivery of physical products such as a USB is not included as part of the 10-day digital delivery timeframe.

16. BACKUP AND STORAGE BY THE CLIENT

The Photographer does not guarantee the long-term archiving of digital images. It is the Client’s sole responsibility to download and securely store their images immediately upon receiving the digital album link.

If the Client fails to download their images within the 4-week access period, the images may no longer be available, and no refunds will be provided.

Beyond this period, retrieval of these images is no longer guaranteed, and an archival retrieval fee of $200 will apply for images that can be retrieved. The Client will need to contact the Photographer via email regarding this request.

The Photographer is not liable for any loss of digital files once the 4-week access period has expired.

17. USAGE RIGHTS

The Photographer retains copyright and ownership of all photographs and videos produced from the Services.

The Client is granted a personal use license to download, copy, print, and share the digital images for personal purposes with family and friends.

For personal use, the Client is permitted to make minor edits, alterations, or apply filters to the images. However, the Client is strictly prohibited from editing the images in any way that is illegal, unethical, or harmful, including but not limited to use in pornography or the creation of offensive or inappropriate AI-generated content.

The Client is not permitted to enter the photographs into any photography competitions or other contests without the Photographer’s explicit written consent.

Furthermore, the Client agrees that if they significantly alter the images, such as by adding additional people, objects, or creating substantial distortions, they must clearly acknowledge that these modifications are their own and not the work of Our Flock. This ensures that any such alterations are not misrepresented as the Photographer's original artistic expression.

18. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance under this Contract due to causes beyond their reasonable control, including but not limited to natural disasters, war, civil unrest, accidents, and government actions. In such circumstances, the affected party shall promptly notify the other party and make reasonable efforts to resume performance.

19. DISPUTE RESOLUTION

Any disputes arising out of or relating to this Contract shall first be attempted to be resolved through good faith negotiation between the parties. If direct communication does not lead to a resolution, the parties may initially agree to engage in mediation by a neutral third party, with the costs of mediation to be shared equally. If mediation is unsuccessful, or if the parties choose to proceed directly, both parties agree to jointly appoint an independent professional arbitrator or dispute resolution specialist to make a binding determination on the dispute. Each party shall be responsible for their own costs associated with the arbitration process.

20. SEVERABILITY

If any provision of this Contract is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be severed from this Contract, and the remaining provisions shall continue in full force and effect.

21. INDEMNIFICATION

The Client agrees to indemnify and hold harmless the Photographer and their affiliates, agents, and employees from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to the Client’s breach of this Contract, or any negligent or intentional acts or omissions of the Client or their guests during the provision of the Services, except to the extent caused by the gross negligence or wilful misconduct of the Photographer.

22. ENTIRE AGREEMENT

This Contract constitutes the entire agreement between the Photographer and the Client concerning the subject matter hereof and supersedes all prior and contemporaneous communications and proposals, whether oral or written.

23. MODIFICATION

No modification, amendment, or alteration of this Agreement shall be binding unless it is made in writing and duly executed by both parties.

By proceeding with the booking and payment (if applicable), the Client acknowledges that they have read, understood, and agree to be bound by these Terms & Conditions.

 

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