Terms & Conditions
This Terms & Conditions Agreement is entered into between:
Lucinda Walker (The "Photographer")
Trading under Registered Business Name Barkarazzi
Australian Business Number (ABN) 55 092 023 448
and the Consumer obtaining Photography services (The “Client")
(Prior To Your Booking)
Booking & Payments
The Photographer is liable to deliver a transparent, written outline of services being provided to the client upon scheduling bookings. This includes either an agreed upon minimum number of photographs and/or videos (“media”) to be taken during the session and/or agreed upon hourly rate and minimum timeframe for services.
Bookings are confirmed only when Payment of a $50 Deposit is made by the Client.
Upon payment of deposit it is assumed Client agrees to and accepts responsibility for the total costs of services quoted by the photographer, and the Client maintains the ability to make full payment by the booked session time / Date.
Payments are accepted via Cash, Eftpos or Direct Deposit.
The Client understands additional fees may apply.
See: Cancellation & Rescheduling*, Health & Safety*, Media Changes**
Cancellation & Rescheduling
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The Photographer reserves the right to reschedule due to weather (outdoor shoots), illness, or unforeseen circumstances.
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Client requests to reschedule their booking, more than seven (7) days before the booking date, must select a new date within the following 12months.
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Client requests to reschedule their booking, seven (7) days or less before the booking date, must select a new date within the following 12weeks.
The Photographer accepts, if the client cancels their booking more than seven (7) days before the booking date, and the Photographer is able to secure another client for the date, any payment made to the photographer by the client will be refunded in full.
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If the client cancels seven (7) days or less from the booking date, and the Photographer is unable to secure another client for the date, Client agrees to Forfeit the booking deposit amount.
The Client understands Deposits are non-transferable, as session costs vary and are tailored to each client in agreement with service provided.
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Model Release
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The Client confirms they are the legal owner or authorized representative of the pet(s) involved and has full authority to grant the photographer use of media
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If the pet is not owned by the Client, they warrant they have permission from the owner.
Permission for Use of Images
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The Client grants the Photographer the irrevocable, perpetual, and worldwide right to use, publish, reproduce, and distribute the "Media" for:
Portfolio, website, and social media
Advertising, marketing, and promotional materials
Print and digital publications
Competitions, exhibitions, and educational purposes
No Compensation
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The Client agrees that no additional compensation is required for the use of images as outlined above.
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The Client acknowledges that they will not receive monetary compensation for the use of the Media.
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The Client may receive complimentary digital images in the event their images are re-edited at a later date specifically for separate use.
Client Rights
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The photographer acknowledges under the anti-discrimination Act 1977, "It is unlawful for a person who provides (whether or not for payment) goods or services to discriminate against another person”, on the grounds of race, Sex, Religious or sexual preference, Marital /domestic status, disability or age.
The Client has the right to decline posing prompts made by the photographer should it endanger the client and/or pet. The Client is encouraged to discuss any limitations the client and/or pet may have prior to the booking.
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The Client acknowledges personal responsibility to arrange, if preferred, hair and makeup services and/or grooming service for pet/s, as the Photographer does not provide these services.
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The Client should consider carefully the weather / ground conditions of the location of their booking when making clothing and footwear decisions.
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It is the clients responsibility to care for their own belongings during their booking and consider if additional support may be required to hold/carry items. The Photographer reserves the right to decline holding/carrying client items due to the existing amount of equipment they carry and to prevent accidental loss or damage of client personal items.
See Also: Limitation of Liability
Privacy
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The Client understands that Media may be publicly displayed, and no expectation of privacy or confidentiality is guaranteed in regards to media which is produced during the client booking.
As per the Privacy Act 1988, the Photographer ensures the clients personal information remains private and confidential. This includes but is not limited to, contact details such as a client phone number, Client email, or, Client address. This Information is Collected and used by the photographer for the sole purpose of Communications with the Client.
(During Your Booking)
Health & Safety
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The Photographer may refuse service should Client or clients private premises be deemed unsafe or in the event the Client or Pet appears influenced by transferable Illness. The Client accepts the *forfeit to their deposit and it is at the photographer's discretion to reschedule the booking at another time / location or refund the remainder of any payments made by the client excluding the forfeited deposit.
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In the unlikely event a public / outdoor location becomes compromised, it is at the discretion of both the client and the photographer that an agreeable alternative location is appropriate and available. As per cancellation clause, The Photographer reserves the right to reschedule due unforeseen circumstances.
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Limitation of Liability
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Client agrees the Photographer is not liable for injury, loss, or damage to pets, property, or individuals during the session.
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The Photographer is not responsible for any injuries or damages caused by the pet during the session.
The Client is responsible for their pet’s behaviour and must disclose any aggression or anxiety issues beforehand.
(After your Booking)
Indemnification
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The Client agrees to indemnify and hold harmless the Photographer from any claims arising from the use of the Media, including but not limited to copyright infringement or misrepresentation.
Copyright
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The Client retains personal usage rights to the images, non-commercial purposes only. The Client accepts they are prohibited to sell the photos commercially without permission.
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The Client may share images online but agrees not to edit, crop or remove watermarks (Where watermarks may be present - Typically in the case of complimentary images)
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The photographer requests for all media shared online, social media, in print and other forms of sharing other than personal use to be credited to The Photographer.
Media Changes
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The Client accepts, upon booking, the expected style and quality of media generally delivered by the Photographer. all Media is captured and edited at the photographer’s discretion, based on the photographer’s experience and artistic view.
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the client is required to submit in writing, prior to the booking date, any requests for specific media (Shot list / Pose preferences).
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The client accepts the Photographer is not liable or punishable if the requested media is not reasonably achievable, on the basis that the client, clients Pet or location is non-compliant.
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The Client is responsible for expressing personal preferences in regards to editing prior to their session. The client accepts that additional, agreed upon requests for editing prior to bookings , may incur delayed delivery timeframes.
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The Photographer reserves the right to decline requests to change body parts, such as the size of a person, removal of tattoos, piercings or scars.
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It is the clients responsibility to ensure hair, makeup and clothing is as they desire.
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The Client accepts Lighting, colour and minor skin retouching may be used.
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The Photographer can not 100% guarantee the removal of collars and leads on pets during editing. Materials such as reflective tape and hi-vis colours can often cause tinted shadowing on fur, making it difficult to achieve a true representation of the subject upon retouching.
The Client may make additional requests for specific edits after the delivery of the media at an **additional fee of $10 per image, if accepted by the photographer.
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The photographer agrees to inform the client to the best of their ability, a perceived timeframe for the Media to be delivered to the client.
Media Storage
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The Photographer accepts liability for the storage of the clients media for 12months after the photography session.
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The Photographer reserves the right to delete all media files produced from the client's session after the 12month storage period.
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The Photographer is not liable for issues arising from the storage of Media on transferable devices. It is the clients responsibility to save backup copies of any media that is delivered on USB or other transferable devices.
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The Client acknowledges the photographer will not be liable In the event of unforeseen circumstances such as natural disaster, fire or flood resulting in the loss of Client Media Prior to the 12month storage timeframe.
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The photographer accepts liability in the event of accidental equipment damage, resulting in the loss of client media, and may offer the client a refund or replacement session as means of resolution.
Governing Law
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The photographer acknowledges, This Agreement shall be governed by Australian federal and state laws enforceable in NSW or where business undertaking is being conducted, including but not limited to:
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Australian Consumer Law (ACL)
Competition and Consumer Act 2010
Work Health and Safety (WHS)
Copyright Act 1968
Privacy Act 1988
Anti-Descrimination Act 1977
Defamation & Model Release