1. AMENDMENTS TO TERMS AND CONDITIONS

1.1 The Photographer reserves the right to amend these Terms and Conditions, as well as any associated specific terms, at its sole discretion and without prior notice to the Client, if deemed necessary.

1.2 Any amendments to these Terms and Conditions shall become effective upon their posting on the Photographer’s website. By continuing to use the Service after such amendments, the Client is deemed to have accepted the amended Terms and Conditions. Notifications of amendments shall be made through the website, and individual notifications will not be provided.

2. APPLICATION FOR SERVICE

2.1 Applications to use the Service shall be made via email, telephone or other communication methods. By making a booking, the Client agrees to these Terms and Conditions.

2.2 A contract for the Service is deemed formed when the Photographer accepts the Client’s application and receives the required deposit.

3. PHOTOGRAPHY FEES

3.1 Fees for photography services are calculated based on the rates detailed in the "Price" section of the Photographer’s website. Charges apply from the commencement of the photography session until its conclusion. Any necessary early arrival for location scouting, set up, or preparation will not be billed unless otherwise agreed upon in advance.

3.2 If the actual photography session duration is equal to or shorter than the estimated time, the quoted amount will be charged. If the session exceeds the estimated duration, additional fees will apply as per the website’s pricing structure. Extensions of time are not guaranteed and are subject to availability.

4. PAYMENT OF SERVICE FEES

4.1 The Photographer will issue an invoice via email. The Client must remit payment to the designated bank account by the specified due date.

4.2 If no specific due date is provided, payment must be made within seven (30) days from the invoice date. The Client is responsible for any bank transfer or transaction fees. The Photographer will only proceed with delivery after confirming full payment.

5. DELIVERY OF MATERIALS

5.1 The Photographer will aim to deliver the final images or videos within approximately fourteen (14) business days from the photography date, provided payment has been confirmed. However, during peak seasons, in cases of illness, or when the Photographer is traveling for work, delivery may take longer. If a delay is expected, the Photographer will notify the Client with an updated estimated delivery time frame. Any special delivery timelines agreed upon in advance will take precedence.

6. POST-DELIVERY PAYMENT ARRANGEMENTS

6.1 Post-delivery payment requests are subject to approval based on the Photographer’s internal procedures. The Client will be notified if such payment terms are granted.

6.2 If payment is not made by the specified due date, the Client shall not use or store any delivered materials until full payment is received.

7. LATE PAYMENTS & DEBT COLLECTION

7.1 If payment is not received by the due date, the Photographer will issue a written notice to the Client, reminding them of the overdue payment.

7.2 A grace period of seven (10) days from the original due date will be provided for the Client to make the outstanding payment without penalty.

7.3 If payment is still not received after the grace period,a late payment interest rate of 10% per month (calculated daily on the overdue balance) will be applied from the date of the grace period expires until full payment is received.

7.4 For corporate clients with structured payment systems, payment terms must be agreed upon in advance. If payment is delayed beyond the agreed time frame without prior arrangement, late payment interest may still apply.

7.5 Collection of Outstanding Debt

7.5.1 If payment remains unpaid 30 days after the expiration of the grace period, and interest has been charged, the Photographer will send a written notice to the Client. If payment is not made within an additional 10 days following this notice, the Photographer reserves the right to request the use of a collection agency and / or initiate legal proceedings to recover the outstanding balance, at the Client's expense, including any collection fees, legal costs, and court fees.

7.5.2 The Client will be responsible for all collection costs, including agency fees, legal fees, and any other expenses incurred during the debt recovery process. These costs will be added to the outstanding balance.

8. MODIFICATIONS TO THE PHOTOGRAPHY SCHEDULE

8.1 If the Client requests a change to the scheduled photography date for any reason, no fee will be charged. However, if the Client wishes to reserve an additional date as a backup in case of unforeseen changes, a fee will apply, subject to availability.

8.2 For outdoor photography, one (1) complimentary reschedule is permitted due to weather conditions or unforeseen circumstances, including illness, provided advance notice is given. If the Client wishes to reserve an additional date as a backup, a fee will apply, subject to availability.

8.3 If the Client does not propose a new schedule within fourteen (14) business days after requesting a change, the session will be deemed cancelled, and a cancellation fee will apply.

8.4 Cancellation fees are as follows:

• Seven (7) days before the shoot: 50% of the quoted amount
• Three (3) days before the shoot: 80% of the quoted amount
• One (1) day before or on the day of the shoot: 100% of the quoted amount

9. SECURING PHOTOGRAPHER AVAILABILITY

9.1 The Photographer’s availability is confirmed only after receiving the Client’s written confirmation of intent to proceed and any required deposit.

10. SECURING BACKUP PHOTOGRAPHY DATES

10.1 If the Client wishes to secure back updates, an additional fee of 10% of the chosen photography rate per reserved date will apply. Backup dates are subject to the Photographer’s availability and are not guaranteed unless the fee is paid and the Photographer's schedule permits.

11. DISCLAIMER OF LIABILITY

11.1 The Photographer shall not be liable for any direct or indirect damages arising from the use or inability to use the Service, except caused by wilful misconduct or negligence.

11.2 While the Photographer takes due care during photography sessions, personal or confidential information may be inadvertently included in images or videos. The Photographer is not liable for any damages resulting from such disclosures.

12. COPYRIGHT & USAGE RIGHTS

12.1 Copyright for all materials remains with the Photographer and is protected under Australian copyright law.

12.2 The Client is granted a non-exclusive, non-transferable license for personal or agreed commercial use. Any additional licensing or usage beyond the agreed terms requires written permission and may incur additional fees.

12.3 The Photographer reserves the right to use the images or videos for promotional purposes unless the Client requests otherwise in writing before the shoot.

13. Privacy and Use of Sensitive Images

13.1 The Photographer respects the privacy of all Clients and places particular care on the use of images involving families, children, nude subjects, or military personnel.

13.2 In cases where such images may be considered sensitive — especially those involving minors, nudity, or individuals affiliated with the military — the Photographer will seek written consent via  email before using any images for promotional purposes such as on the Photographer’s website, blog, or Instagram.

13.3 If the Client provides written permission via email, this will be considered valid and sufficient consent for the Photographer to use the agreed upon images. A written email and a clear reply granting permission will constitute a binding form of agreement.

13.4 If the Client does not provide written permission, or if there is no reply, the images will remain private and will not be used for any public or promotional purposes.

14. GOVERNING LAW & DISPUTES

14.1 These Terms are governed by the laws of the State of Victoria, Australia.

14.2 Any disputes shall be resolved through negotiation. If unresolved, disputes will be subject to the exclusive jurisdiction of the Victorian courts.

15. FORCE MAJEURE

15.1 Neither party shall be liable for failure to perform obligations due to unforeseen circumstances beyond their control, including but not limited to natural disasters, illness, or governmental restrictions.

16. AGREEMENT

16.1 These Terms constitute the entire agreement between the parties and supersede any prior agreements.

16.2 Any amendments must be made in writing and agreed by both parties.

CONTACT INFORMATION:  For inquiries, please contact Simon Bonny via simonbonny86@gmail.com