TERMS OF SERVICE
1. Retainer/Booking Fee/Session Fee and Payment.
a. The Client shall make a non-refundable retainer of $50 to the Little Twine Photography to perform the services specified herein. Upon payment, Little Twine Photography will reserve the time and date agreed upon by both parties after the payment is made. The Client agrees that they are aware of all fee's and charges for the products, product packages and services offered before paying, and that paying results in a commitment to attend the session, or purchase the products or services.
b. Sessions will need to be paid in full on the day of the session, a payment agreement must be made prior to the session ending.
c. We do not accept cash payments. Payments can be made via Payright, Afterpay, Eftpos, and bank transfer. Little Twine Photography does not accept liability if the Client experiences issues with these payment options that are out Little Twine Photography's control. Payments will need to be received by Little Twine Photography prior to providing products or services to the Client.
2. Cancellation.
a. If the Client cancels their agreement 7 days or less before the session or fails to show, date, the retainer shall be forfeited.
Little Twine Photography will not book other sessions during this time. In the event that the Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Little Twine Photography shall suffer losses that are difficult to ascertain.
3. Rescheduling/ Late Arrivals.
a. If the Client requests to amend or cancel this agreement 7 days or more hours before the session date, the retainer shall be applied to a mutually agreed upon reschedule date (subject to availability). The rescheduled session must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
4. Preparation.
a. In terms of Newborn Sessions the Client shall feed the baby a full feeding before the session where possible, or immediately at the beginning of the session or just prior to arrival, if hungry. The baby must be dressed in loose fitting clothing for ease of changes for portraits. The Client shall bring at least thee bottles for feeding or supplies for nursing. If a pacifier or soother is required, the Client shall supply those items along with nappies and baby wipes.
b. In terms of clothing, all Clients including siblings should be prepared for their family portrait (if included in the session) prior to their arrival.
5. Subjects.
a. The Client shall maintain control of other subjects including siblings or other attendees with the Client. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area, damage property, or touch props and other items such as equipment or enter cupboards. The Client shall provide all necessary controls over additional subjects.
b. Damage to studio equipment, furniture, or safety risks caused by Clients and other subjects may result in the session ending before time, and or replacing items or equipment damaged as a result of the actions taken by Clients or subjects attending with Clients.
6. Circumstances.
a. If Little Twine Photography is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this contract, the Client shall be rescheduled at Little Twine Photography's discretion.
7. Artistic Rights.
Little Twine Photography retains the right of discretion in selecting the photographic materials released to the client. At no point shall RAW/or unedited images be provided to the client to keep or for viewing. The gallery will be provided to you in a digital form for viewing once edited.
8. Photographic Materials.
a. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of Little Twine Photography.
Little Twine Photography shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 2-8 weeks of the session unless a special circumstance interrupts the process, such as illness or additional editing. If an online proofing gallery is delivered, it shall remain open for 120 days from delivery. Your gallery must be downloaded onto a reliable PC, hard-drive, or USB, if the Client requests to extend the time or reopen the online proofing gallery, a $50 un-archival fee shall apply.
b. Physical products will not be ordered until clear instruction has been given by the Client as to what designs or images shall be used for the products, the Client understands the items are personalised to each Client. After instruction has been Provided to Little Twine Photography in writing, and it has been confirmed by Little Twine Photography the products will then processed within 8 weeks of the instruction. Little Twine Photography is not liable for any external delays, or delays caused by lack of instruction from the Client, updates will be given as per request of the Client as to the progress of the order. Further retouching or re-editing will incur a fee as per Little Twine Photography's discretion.
9. Copyright and Reproductions.
a. Little Twine Photography shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, photography competitions, sample products, editorial submissions and use, or for display within or on Little Twine Photography’s website and/or studio. If Little Twine Photography desires to make other uses, Little Twine Photography shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Copyright Act 1968.
10. Client’s Usage.
a. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or any unauthorized reproductions by parties other Little Twine Photography. If Little Twine Photography provides a digital file print release, the Client must act in accordance with the release.
11. Social Media.
a. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. If the Client wishes to share images on social media, credit must be given to Little Twine Photography. The images should be otherwise watermarked for privacy and copyright.
b. Please note sharing images publicly on social media (especially without a watermark) can result in theft of the images by third parties, Little Twine Photography is not labile for this. Care should be taken by the Client when sharing images publicly.
12. Failure to Perform.
If Little Twine Photography is unable to perform this agreement due to illness, COVID pandemic restrictions, emergency, fire, casualty, strike, act of God or causes beyond the control of Little Twine Photography, Little Twine Photography and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Little Twine Photography shall return the retainer, and session fee paid to the client and shall have no further liability. Further, if Little Twine Photography is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of Little Twine Photography, liability shall be limited to the amount of the retainer and the session fee, Little Twine Photography shall return the amount paid to the client and have no further liability. Little Twine Photography is not liable for products being delivered at a later time than specified due to unforeseen circumstances, such as those listed above.
13. Photographer.
Little Twine Photography reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of Little Twine Photography and does not constitute a breach of this agreement. Little Twine Photography warrants the substitute photographer to be of comparable quality and professionalism.
14. Photographer’s Standard Price List.
a. The charges in this agreement are based on Little Twine Photography’s Standard Price List. This price list is adjusted according to the discretion of Little Twine Photography and future orders shall be charged at the prices in effect at the time when the order is placed. The prices are not negotiable, and or exchangeable for other products or services.
b. Gift Vouchers will not be available from July 2023, and payment will be addressed to the payee, if a session is to be gifted to another client. Gifted sessions at no point will be refunded to the client attending, rather to the payee of the session if the refund is in alignment with our refund our policy's listed in this contract, which will be refunded at the discretion of Little Twine Photography. The invoice paid will not be refunded if the Client gifted the session does not want to attend, rather this will be able to be transferred to a new Client. Cancellations of the session will result in the $50 deposit being forfeited.
15. Travel and Overage Fees.
The Client shall pay $1 per km after 30 km outside the Postcode of 5031.
16. Arbitration.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the Commercial Arbitration Act 2011, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
17. Indemnification.
The Photographer shall be held harmless for any and all injury to the client during the course of the photography session and the immediately surrounding events. Clients are also responsible for other attendees of the session, particularly attendees under the age of 18. All Clients attending the session must respect the space Photographed in, and must not engage in any dangerous activities, that compromise the safety of themselves or others during the session.
18. Miscellany.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of the South Australian Government.
19. Waivers.
The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
20. Attorney/Solicitor’s Fees.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney/solicitors’ fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
21. Returns/ refund.
a. Refunds will not be issued to Clients for change of mind, or dissatisfaction with the product or service, which was a result of an occurrence out of Little Twine Photography's control, such as disruption of workflow as a result of the Clients themselves, late arrival of clients, weather, or another unprecedented factor. If items such as physical products are faulty it is up to the discretion of Little Twine Photography as to whether the item will be replaced or refunded. All physical products are check for damage before being provided to the client.
b. If an issue occurs whereby Little Twine Photography cannot provide products, or services for unforeseen reasons such as illness, unavailability of the product, malfunction of software/ hardware or another external factor out of Little Twine Photography's control, Little Twine Photography will issue a refund for the products or services that could not be provided, and no further liability will apply to Little Twine Photography as also stated in section 12 of this contract (Failure to perform).
Reviews/ Word or Mouth
a. The Client understands that you have the right to share your experience, however any claims made against Little Twine Photography, that are false or misleading will be addressed in the following ways; Little Twine Photography will attempt to resolve the issue, if the Client refuses to console the issue and revoke or remove the damaging claims, further legal action may be taken by Little Twine Photography to avoid unnecessary damages to Little Twine Photography as a result of the false claims. Little Twine Photography will then be compensated for the legal fees and/ or other damages as a result of the Clients actions.
b. At no point does the Client or Little Twine Photography have permission to share conversations between the Client and Little Twine Photography, private details of the Client or Photographer such as bank details, personal addresses, or other personal information, either privately to another person/persons or publicly, shared online or on social media by the Client or client associates of Little Twine Photography.
The Client agrees that they understand the policies of Little Twine Photography. The Client understands the fees pertaining to their products and service they have agreed to purchase.
Privacy Policy
Privacy is important...
PRIVACY POLICY
1 1. . We respect your privacy
(a) Little Twine Photography respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) "Personal information" is information we hold which is identifiable as being about you.
2 2. . Collection of personal information Collection of personal information
(a) Little Twine Photography will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3 3. . How we collect your personal information How we collect your personal information
(a) Little Twine Photography collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4 4. . Use of your personal information Use of your personal information
(a) Little Twine Photography may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
(b) Little Twine Photography may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5 5. . Disclosure of your personal information Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. (c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Little Twine Photography, https://littletwinephotography.com.au, its customers or third parties. (d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. (e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. (f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6 6. . Security of your personal information Security of your personal information (a) Little Twine Photography is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. (b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7 7. . Access to your personal information Access to your personal information (a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at pixelphotographyadelaide@gmail.com. (b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8 8. . Complaints about privacy Complaints about privacy
(a) If you have any complaints about our privacy practises please send your enquiry's via email at pixelphotograp. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9 9. . Changes to Privacy Policy Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10 10. . Website
(a) When you visit our website, When you come to our website (https://littletwinephotography.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies we may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
(c) Third party sites; Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Little Twine Photography is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
PRIVACY POLICY
Little Twine Photography
1 1. . We respect your privacy We respect your privacy
(a) Little Twine Photography respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) "Personal information" is information we hold which is identifiable as being about you.
2 2. . Collection of personal information Collection of personal information
(a) Little Twine Photography will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3 3. . How we collect your personal information How we collect your personal information
(a) Little Twine Photography collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4 4. . Use of your personal information Use of your personal information
(a) Little Twine Photography may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and
better understand your needs. (b) Little Twine Photography may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5 5. . Disclosure of your personal information Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Little Twine Photography, https://littletwinephotography.com.au, its customers or third parties.
(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
(f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6 6. . Security of your personal information Security of your personal information
(a) Little Twine Photography is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7 7. . Access to your personal information Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at littletwinephotorgraphy@gmail.com.
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8 8. . Complaints about privacy Complaints about privacy
(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to littletwinephotography@gmail.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9 9. . Changes to Privacy Policy Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.time use cookies on our website.