Terms and Conditions

Please read these terms and conditions before booking your photo session. Valid from 29/09/18.

DEFINITIONS:

“Photographer” – Andrea Dedikova trading as Andrea Dedik Photography ABN: 13371592616 "Client" - Any person who enters into provision of services by the photographer (regardless of whether the Client is acting as a third party)."Image(s)", "Picture(s)", Photo(s)" - all visual representations furnished to client by the photographer, whether captured, delivered, or stored in photographic, electronic, or any other media format. “Photo shoot(s)”, “Photo session(s)” - A prearranged session in which the photographer takes photographs of a client. The ACCEPTANCE OF BOOKING was based on agreement between Andrea Dedik Photography and the client of the terms and conditions stated herein.

1. PRICE AND PAYMENT

1.1 The price for any photographer´s services are subject to change and are inclusive of GST. The price shall be subject to variation by the photographer. In the event of an increase in photographer´s acceptance of order due to a rise in the cost of the photographer in providing the services, the photographer will provide timely notice to the client of any such increase. To the extent the services have not been performed (but not otherwise), if the client following consultation with the photographer does not accept the increase and the photographer does not waive it, the client may cancel the services by written notice given within 5 working days of notice of increase provided that client indemnifies photographer in full against all costs, charges and expenses incurred by photographer prior to or as a result of cancellation.

1.2 A$200 non refundable & non transferable session fee/deposit is due at time of booking to secure the photo session date. The photographer is unable to hold the spot for the photo session without the session fee/deposit. The remaining amount (package price) is payable max. 48 hours after completing the photo session. The photographer will commence editing and retouching images after the remaining amount for the single package has been paid (Session Fee+Package Price).

1.3 Methods of payment:
a) cash on the day of the photo session,

b) Credit Card,

c) PayPal, or

d) Offline Payment by Direct Deposit/Online Banking

When making a payment via Direct Deposit/Online Banking, a copy of the payment remittance is required to be emailed to andreadedik@gmail.com as a proof of payment.

1.4 Once agreed upon the final session date and time, you may reschedule your session up to 7 days before your shoot if required. After this, a A$40.00 rebooking fee will be charged.

1.5 If one of the combo packages (with multiple sessions) has been chosen, a 10% or 18% discount of the overall price applies. The payment can be split in separate instalments (depending on the amount of session´s package price). The exact payment schedule will be agreed by the client and the photographer. Should the package be cancelled before completion, the regular session price applies to all already completed sessions. The entire package can be cancelled up to one calendar month before the first session for a full refund of the first payment instalment. After that, the first payment instalment becomes non-refundable. Same reschedule terms as stated above apply to each session within the package.

2. UNFORESEEN CIRCUMSTANCES

2.1 For newborn sessions only: Due to the uncertain prediction of an exact arrival day of your baby, certain flexibility for booking the newborn session will apply. An initial date within the first 12 days of your due date is to be pencil-booked in. However, this is subject to change depending on the exact date of birth.

2.2 Bad Weather Conditions: If the weather is not conducive to a photo shoot on the day of a photo session, or does not suit the theme you have chosen, the photographer and the client will discuss acceptable options i.e. relocating, working with the conditions, or postponing the photo session.

2.3 It is understandable that children can be unpredictable and fall ill at any time. Should this happen before the photo session, the client agrees to make every possible effort to inform the photographer no later than 2 hours before the start time of the photography session? The photo session can be postponed to a new date which will be at the convenience of both the client and the photographer within a maximum 1 month period. The photographer reserves the right to reschedule outside of this time frame due to any existing commitments.

2.4 The client acknowledges and takes into account the traffic conditions and will allow some extra time for travelling to the photographer’s home studio. Should the client arrive for the photo session late, the client makes all efforts to contact and notify the photographer in advance.

2.5 Should the client arrive for the photo session more than 30 minutes late, the length of the photo shoot will be shortened according to the photographer’s existing commitments.

3. PHOTO SHOOT

3.1 The photo shoot location, date and time must be approved by the photographer. The client must confirm attendance and the session’s date & time with the photographer.

3.2 For maternity photo sessions the maximum number of persons is 5 including babies & children. Only one pregnant person per maternity photo shoot is allowed. Parents and maximum of two grandparents and two siblings can take part in newborn photo sessions. The number of people joining in the photo session must be provided before the photo shoot and it is subject to photographer’s approval.

3.2 Pets and animals are permitted to be part in indoor the photo sessions. The client must give a notice prior to the photo shoot; otherwise no pets and animals will be allowed to be present during the photo session under any circumstances.

3.3 Once the package type (Gold, Silver or Bronze) is selected, the client cannot change the package type (upgrade/downgrade) during or after the photo session. The photographer has the right to downgrade the package type during the photo session as she sees fit.

3.4 Cameras, phone cameras, and video are not permitted during any session unless approved by photographer.

4. TRAVEL COSTS

Travel costs within a radius of 20 kilometres from photographer’s studio in Dee Why are included in all photo session packages. Additional distance (more than 20 kilometres from Dee Why) will incur a surcharge of A$3 per kilometre.

5. GIFT CERTIFICATES

The gift certificates are non-refundable or exchangeable. The gift certificates are not for resale or any reproduction. The photo session must be booked in advance upon receiving the gift certificate, and the timing is dependent upon the availability of photographer. The gift certificates are only valid once paid for in full amount by the party who has purchased the gift certificate. Upon purchasing the gift certificate, the redeemer is bound to these terms and conditions. The gift certificate is valid for the period shown on the certificate and cannot be extended.

6. ONLINE GALLERY

6.1 The online gallery from each photo session will be available within 3.5 - 4 weeks after the photo session (or part of the combo packages) has been paid in full. The client will receive a link and a unique password to gain access to the online gallery. All images contained in the online gallery provided to the client are at the discretion of the photographer.

6.2 The images in the online gallery are not downloadable (except for the bronze packages). The client may share the link and password with relatives and friends. The client can choose four/eight/twelve images (silver and gold packages) for 8x6 inch prints on a fine art paper. The client may purchase additional products (prints, canvases and acrylic blocks) in the online store. The access to the online gallery is valid for the period of 30 days after the gallery’s release date. Each additional month will incur a fee of A$20.

7. DELIVERY AND COLLECTION

7.1 All bronze photo packages and photo mini sessions do NOT include any prints and USBs. The client will be given 30-day access to the private online gallery to download 10 digital high resolution jpeg images (5 digital images from mini sessions).

7.2 For silver and gold photo packages: All edited and unedited digital high-resolution jpeg images will be transferred and saved by the photographer on a USB flash drive. The printed images (selected by the client in the online store) will accompany the USB. The USB and all products are not refundable. The client may collect the package at photographer’s home studio (40b/31-37 Pacific Parade, Dee Why 2099), or have the package delivered to the client’s nominated address. The photographer takes no responsibility for any loss or damage during the transport and delivery of the product(s). Shipping of all canvases and acrylic blocks larger than 23x15cm is NOT applicable. These products will be ready for collection at photographer’s home studio approximately 1-5 weeks after the gallery order is paid in full.

8. COPYRIGHT

8.1 The copyright of all and any photographs belongs to Andrea Dedik Photography. Releasing photos online by the client (i.e. Facebook, blog or any other online channels) are prohibited unless the photographer’s company name, Facebook Page and Website is tagged or mentioned along with the image.

8.2 Andrea Dedik Photography reserves the right to use any image of conducted photo session for industry competitions and as required subsequent usage and for general promotional advertising of Andrea Dedik Photography. The photographer is entitled to use all photos produced for exhibitions, editorials, digital and print marketing, publications, and websites, and display purposes.

8.3 The client may request personal approval before releasing photographs online. This request must be addressed to the photographer at least 24 hours before the photo shoot.

9. COLOUR VARIATION AND QUALITY

9.1 The client acknowledges that photographic products may fade or discolour over time due to the inherent qualities of materials used. The client releases the Photographer from any liability for any claim based upon fading or discolouration.

9.2 The client understands that the processing and retouching of images, including converting to black and white, is part of the image art creation process and that all decisions relating to the processing and retouching are at the discretion of the Photographer. Requests by the client for further processing, retouching, or re-editing of images after delivery incurs an additional fee of $20 per image. The photographer also reserves the right to decline any further processing and retouching services after delivery to the client. Due to the nature of art and photographer’s style, all sales are final.

10. SEVERABILITY

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

11. MISC

11.1 Although the photographer shall exercise all reasonable skill, care and diligence in the discharge of her duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the photographer will only be responsible for the return of all the money paid to date, although every effort will be made to re-take the photographs.

11.2 All digital images will be stored electronically on photographer’s hard drives for the period of 6 months. If the client happens to misplace the USB with the digital images within the 6-month period after the photo session, the photographer may upload the images on the USB for a fee of A$50 and additional A$10 for shipping (if required). There will be no access to the images after the 6-month period and all data will be discarded.

11.3 This Agreement incorporates the entire understanding of the parties. Andrea Dedik Photography reserves the right to change or modify these terms and conditions at any time without prior notice.

10.4 Andrea Dedik Photography reserves the right to terminate this contract, and leave the location of the event(s) if the photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s). In such circumstances, the retainer fee and any deposits paid will be non-refundable.