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Terms & Conditions and Studio Policies

Terms and Conditions of a Professional Professional Portrait Session and Studio Policies
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1. Introduction

These Terms and Conditions constitute an agreement between the client and his accompanying persons (hereinafter referred to as "Client") and Janette Osvay Photography (ABN: 86 491 099 145) (hereinafter referred to as "Photographer") for professional photography services. By booking a photoshoot with the Photographer, the Client agrees to comply with and be bound by the following terms and conditions.

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2. Booking and Payment

2.1 Booking

  • Payment for the Session Fee or the Package Price (whatever is applicable for the photoshoot) is required at booking to secure the photoshoot date and time. Booking is not confirmed until the required payment has been made.

  • The booking fee is non-refundable but transferable under certain conditions (see Section 5).

2.2 Payment

  • Full payment must be made as per Section 2.1 to secure the booking unless otherwise agreed in writing.

  • Full payment must be made at the time of placing the orders for any services, digital images, prints, albums, portrait boxes, canvas prints at the Viewing Session

  • Accepted payment methods include cash, credit card, PayPal, bank transfer.

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3. Photoshoot Details

3.1 Location and Time

  • The location and time of the photoshoot will be agreed upon by both parties prior to the shoot. Default location is Janette Osvay Photography Studio, 62 Kulgoa road, Pymble, 2073 NSW, Australia.

  • Any changes to the location or time must be communicated at least 48 hours in advance.

3.2 Duration

  • The duration of the photoshoot will be as per the selected service. Unless otherwise agreed:

    • Maternity Portrait Session: 90 minutes to 2 hours

    • Newborn Portrait Session: 2-3 hours

    • Professional Headshot Session: 1 hour

    • Glamour or Boudoir Portrait Session: 2-3 hours (including Professional Makeup and Hair Styling)

    • Family Portrait Session: 1 hour

Additional time will be charged at a rate of $150 per hour.

3.3 LATE ARRIVAL

  • THE PHOTOSHOOT IS BOOKED FOR THE SCHEDULED START AND END TIME DETERMINED BY THE DURATION OF THE SERVICE BOOKED.

  • CLIENT MAY CHOOSE TO PAY $60 PER 30 MINUTES LATE FEE OR KEEP THE BOOKED PHOTOSHOOT END TIME.

  • IF A MAKEUP ARTIST AND HAIR STYLIST IS ALSO BOOKED WITH THE PHOTOSHOOT, THE ALLOCATED TIME SLOT FOR PROFESSIONAL MAKEUP AND HAIR STYLING IS THE FIRST HOUR OF THE PHOTOSHOOT. CHANGES IN THIS TIME SLOT IS NOT POSSIBLE, DUE TO THE MAKEUP ARTIST AND HAIR STYLIST’S SCHEDULE. ARRIVING LATE FOR THE PHOTOSHOOT MIGHT RESULT IN LOSING THIS SERVICE WITH NO REFUND.

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4. Deliverables

4.1 Number of Photos

  • The Client will receive professionally edited digital images, prints, etc as part of the package.

4.2 Delivery Timeline

  • After the Photoshoot, a Viewing session will be scheduled within 2 weeks of the photoshoot. The final image selection, from the pre-selected pictures and additional service ordering will take place at the the Viewing session.

  • Edited images will be delivered, typically, within 2 weeks from the date of the photoshoot. Other, physical deliverables, like prints, albums, portrait boxes, canvas prints will be delivered within 4 weeks of the order. Final delivery schedule will be agreed upon the Viewing session.

4.3 Format

  • Images will be delivered in high-resolution digital format via online gallery, USB drive.

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5. Cancellation and Rescheduling

5.1 Cancellation

  • If the Client cancels the photoshoot less than 72 hours before the scheduled date, the Session fee will be forfeited.

5.2 Rescheduling

  • The Client may reschedule the photoshoot once without penalty if notice is given at least 72 hours in advance.

  • Further rescheduling will incur an admin fee of $60.

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5.3 Viewing and Selecting the Images

  • Viewing of the images happens in person, either in the studio or in the clients’ home, if the client is unable to come to the studio for an understandable reason. (A travel fee applies in the latter case.)

  • Any type of Online Viewing is only possible if the Client has chosen and paid for his/her portrait collection in advance, and at least the “Diamond” Portrait Collection was chosen. In this case, a video call can be arranged with the Photographer, or an online gallery would be provided for 7 days.

  • ​If none of the above options work for the Client, the Photographer chooses the required number of images for the Client.

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6. PHOTOGRAPHER’S RESPONSIBILITIES

6.1 PROFESSIONALISM

  • THE PHOTOGRAPHER WILL PROVIDE A PROFESSIONAL SERVICE TO THE BEST OF THEIR ABILITIES.

6.2. FACILITIES, PROPS AND ACCESSORIES

  • PHOTOGRAPHER WILL PROVIDE SANITIZED, CLEAN FACILITIES, PROPS AND ACCESSORIES FOR THE PHOTOSHOOT

  • STUDIO FACILITIES INCLUDE A SPARE PRIVATE ROOM FOR FEEDING THE BABY, REFRESHMENTS, TEE, COFFEE FOR THE CLIENTS

6.3 IMAGE QUALITY

  • THE PHOTOGRAPHER WILL DELIVER HIGH-QUALITY IMAGES THAT MEET THE CLIENT'S REQUIREMENTS AND EXPECTATIONS.

6.4 DAMAGE OR INJURY

  • PHOTOGRAPHER IS NOT RESPONSIBLE FOR ANY DAMAGE OF THE CLIENT'S PROPERTY OR INJURY FOR NOT FOLLOWING THE PHOTOGRAPHER’S INSTRUCTIONS.

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7. CLIENT’S RESPONSIBILITIES

7.1 PUNCTUALITY

  • THE CLIENT IS RESPONSIBLE FOR ARRIVING ON TIME AT THE AGREED LOCATION.

7.2 COOPERATION

  • THE CLIENT AGREES TO COOPERATE WITH THE PHOTOGRAPHER AND FOLLOW THEIR INSTRUCTIONS DURING THE PHOTOSHOOT.

7.3 NO CLIENT’S CAMERA, RECORDING DEVICE AT THE PHOTOSHOOT

  • THE SETTINGS ARE THE INTELLECTUAL PROPERTY OF JANETTE OSVAY PHOTOGRAPHY.

  • ABSOLUTELY NO CAMERAS, ANY RECORDING DEVICE, INCLUDING BUT NOT LIMITED TO PHONE CAMERAS OR ANY OTHER RECORDING DEVICE, ONLY THE PHOTOGRAPHER’S EQUIPMENT MAY BE USED.

7.4 CLIENT’S ATTENDING PARTIES TO THE PHOTOSHOOT

  • CLIENT IS RESPONSIBLE FOR ANYONE JOINING TO THE PHOTOSHOOT UNDERSTANDS AND COMPLIES THE TERMS AND CONDITIONS OF THE TERMS AND CONDITION OF THE PHOTOSHOOT.

7.5 IMMEDIATE TERMINATION OF THE PHOTOSHOOT

  • IN CASE OF ANY VIOLATION OF THE CLIENT’S RESPONSIBILITIES, IN PARTICULAR

    • VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF THE PHOTOGRAPHER, OR

    • ANY ACT OF THE CLIENT THAT MAY CAUSE PERSONAL HARM OR INJURY TO ANYONE ON THE PHOTOSHOOT,

MEAN IMMEDIATE TERMINATION OF THE PHOTOSHOOT.

  • PHOTOGRAPHER IS NOT RESPONSIBLE FOR ANY COMPENSATION OF THE CLIENT FOR SUCH TERMINATION

7.6 IMMEDIATE TERMINATION OF IN-HOME SESSION (PHOTO SHOOT OR VIEWING)

  • IF THE PHOTOGRAPHER OR ANY JANETTE OSVAY PHOTOGRAPHY STAFF MEMBER FEELS UNSAFE OR UNCOMFORTABLE DURING AN IN-HOME SESSION, THE SESSION WILL BE TERMINATED IMMADIATELY AND THE PHOTOGRAPHER AND STAFF WILL LEAVE THE PREMISES.

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8. IMAGE RIGHTS AND USAGE

8.1 COPYRIGHT

  • THE PHOTOGRAPHER RETAINS THE COPYRIGHT TO ALL IMAGES AND VIDEOS TAKEN DURING THE PHOTOSHOOT.

8.2 USAGE RIGHTS

  • THE CLIENT IS GRANTED A NON-EXCLUSIVE LICENSE TO USE THE IMAGES FOR PERSONAL USE.

  • THE IMAGES MAY NOT BE USED FOR COMMERCIAL PURPOSES WITHOUT THE PHOTOGRAPHER'S WRITTEN CONSENT.

8.3 PHOTOGRAPHER’S USAGE

  • THE PHOTOGRAPHER RESERVES THE RIGHT TO USE THE IMAGES FOR PROMOTIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO PORTFOLIOS, WEBSITES, AND SOCIAL MEDIA.

9. Liability

9.1 Damage or Loss

  • The Photographer is not responsible for any damage to or loss of personal property during the photoshoot.

9.2 Image Loss

  • In the unlikely event of a loss of images due to technical failure, the Photographer's liability is limited to a reshoot or a refund of the booking fee.

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10. Governing Law

  • These Terms and Conditions are governed by and construed in accordance with the laws of NSW, Australia. Any disputes arising from this agreement will be subject to the jurisdiction of the courts of NSW, Australia

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11. Agreement

  • By booking a photoshoot with the Photographer, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

 

 
Additional Terms and Conditions for Special Offers of Janette Osvay Photography Studio.
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1 Definitions:

Special offer, Special Offers, Promotion: without limitations, “Special Offer”, Promotion is considered any offer, pricing, discount, bundle, voucher that is outside the regularly updated and published Normal Pricing.

Normal Pricing: Pricing information published on the websites, janetteosvayphotography.com, brandingandbeautiportraits.com, Facebook, Instagram and other accounts without the clear distinctive marking, without limitation, “Sale”, “Special offer”, “Last minute opportunity” or any other marking with the same or similar meaning.

2 Refund, Change Policy

  • Unless otherwise explicitly stated, there is no cash redeemable for the partially or fully unused part of the Special Offer.

  • In case of change or partial cancellation, Used services will be charged at the Normal Pricing, e.g. if a “free” part of the Special offer is taken, that service will be charged as per the Normal Price of Janette Osvay Photography.

  • The amount of money left after deducting the cost of Used Services, can be used for other Normal Priced services

  • In case there is no Normal Price stated for the Special offer or part of it, at the full discretion of Janette Osvay Photography, it can be converted to other services with same or very similar value.

3 Special conditions for “Last-Minute offers”

  • Time to time, Special Offers labelled as “Last-Minute” offers to promote exceptional discount on already discounted Special Offers.

  • Typically, the Last-Minute offers are valid for a specific date and a specific service due to unforeseen cancellations.

  • Last-Minute bookings are only accepted after full payment of the price of the Last-Minute offer.

  • UNLESS OTHERWISE AGREED, LAST-MINUTE BOOKINGS CANNOT BE CANCELLED OR CHANGED AND CONSIDERED FORFEITED IN CASE OF NOT MEETING ALL THE STATED CONDITIONS OF THE LAST-MINUTE OFFER, including but not limited to the date and time the Last-Minute offer was promoted for. Special exceptions can be made for changing dates for maternity and newborn photoshoot sessions.

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