Terms and Conditions

THIS AGREEMENT is made between the Client and the Photographer.

I.                 Basic Terms

A.              Engagement of Photographer

Client engages Photographer to provide photography services and the Deliverables to Client, on the terms set out in the Specific Terms and in these General Terms.

The agreement between Client and Photographer includes both these General Terms and the Specific Terms.

Where there is any inconsistency between the Specific Terms and the General Terms, the Specific Terms prevail.

B.              Payment

Subject to the Specific Terms, Client must pay the Price:

·      50% Deposit upon entering into this agreement (before any photography services or Deliverables will be provided), and

·      50% when Photographer notifies client that the Deliverables are ready for collection (and before the Deliverables are released to the Client).

C.              Deliverables

Subject to compliance by Client with Client’s obligations under this agreement, including payment in the agreed amount and by the agreed times:

Photographer will engage in the photo-shoot at the venue for the duration as agreed in the Specific Terms.

Photographer will supply the number of images specified in the Specific Terms within the timeframe specified in the Specific Terms, or if no other timeframe is agreed, within 30 days of completion of the[i] photo-shoot.

Deliverables in the form of Images will be made available by download link shared by Photographer with Client. Download links will expire after 90 days and Client must download the Deliverables before expiry. Photographer is not required to make Deliverables available a second time and may be unable to do so. A fee may be requested by Photographer for providing replacement l download links.

II.              Gifts, Promotions, Certificates

A.              Gift Certificates

Photographer may offer gift certificates for photography services. Gift certificates may be redeemed by the gift recipient within 3 years of certificate issue, after which time they expire and cannot be redeemed. No refunds are payable in the event of certificate expiry. Certificates are redeemed by the gift recipient presenting the certificate,  identifying number and name of Client who purchased the certificate to Photographer and arranging for the photo-shoot.

These General Terms apply to gift certificates, with Client being the person who purchases the certificate, and Specific Terms being those specified in the certificate. 

The gift recipient is the Client’s agent to liaise with Photographer to arrange for the photo-shoot and to receive the Deliverables, and for the purposes of rescheduling and cancellation. 

The gift recipient, in booking the photo-shoot, is required to agree to these General Terms and the Specific Terms as principal before the shoot is conducted.

B.              Promotions

Photographer may offer promotions, discount vouchers and similar marketing offerings. Such promotions will include the Specific Terms that apply to them and are subject to these General Terms. 

Promotions may be time-limited and subject to particular restrictions as specified in their terms. 

III.           Parties’ Responsibilities

A.              Client Responsibilities

Client must obtain venue consents for all client specified venues and model consents from all client specified models.

Photographer may require reasonable evidence of compliance by Client with this obligation prior to proceeding with the photo-shoot.

B.               Photographer Responsibilities

Equipment. Photographer will supply all photography equipment.

Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner.

Artistic Style

Photographer will apply artistic judgment when providing the photography services and in preparation of the Deliverables. 

Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

Photographer will provide Client with thumbnail versions of the deliverables prior to being required to make the final instalment payment.

If Client is dissatisfied with the thumbnail images Client may elect not to proceed to make the final instalment payment and to Cancel the engagement. (Note: the effect of Cancellation is specifically set out in this agreement).

IV.         Rescheduling & Cancellation

A.              Rescheduling.

If Client requests a rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. Photographer may request a Fee for the Rescheduling. If Photographer is not able to accommodate the request or the parties do not agree on the Fee, then Client may elect to Cancel the engagement.

If Photographer requests a rescheduling, Client will make reasonable efforts to accommodate the request. If the Client is not able to accommodate the request then Photographer may elect to Cancel the engagement. 

Photographer can conduct the photoshoot in any weather. Any weather-related requests for rescheduling are client-requested and the above provisions apply accordingly.

B.              Cancellation.

Client or Photographer may terminate the engagement at any time.

In the event of cancellation by Client, Photographer shall be entitled to a cancellation fee, calculated as set out in the following table.

Date Notice of Cancellation is given

Photographer’s Cancellation Fee

Before deposit is paid

Nil

More than 2 clear days prior to the photoshoot

10% of Price

2 or less clear days before photoshoot

20% of Price

After photoshoot and before delivery

50% of Price

In the event of cancellation by Photographer, Photographer shall not be entitled to a cancellation fee and must refund all funds paid by Client to Photographer.

Subject to the above, Cancellation shall terminate the contract, the Photographer shall not be required to provide the Deliverables, and neither party shall have any other rights against the other with respect to damages or compensation. The Client’s consents, and Photographer’s rights to the use and exploitation of the Images, shall continue despite the Cancellation.

V.            Intellectual Property

Ownership of Intellectual Property.

Photographer owns and will continue to own the Intellectual Property in the Work Product.

Licence for Deliverables to Client. 

Photographer grants Client a worldwide, royalty free, perpetual, irrevocable, non-transferable, non-sublicencable, non-exclusive licence to display and publish the Deliverables. The Client may not otherwise Use the Deliverables.

Client Licence to Photographer.

Client grants Photographer a worldwide, royalty free, perpetual, irrevocable, transferable and sublicencable licence to publish and Use the Work Product (including Images of Client) commercially, in any format or medium, including in connection with the marketing, advertising or promotion of Photographer’s services.

VI.         Definitions

(cognate words have cognate meanings)

Cancellation has the meaning and consequences set out in section III.B.

Client means the person engaging Photographer to provide the photography services and the Deliverables.

Client Specified Model means a person nominated or arranged by the Client as one of the subjects of a photo-shoot.

Client Specified Venue means a venue nominated or arranged by the Client as the location for conducting a photo-shoot.

Deliverables means the end-product to be supplied by the Photographer to the Client, including the number of finished images. If the specific terms do not detail the deliverables then deliverables shall mean 10 finished still images per contracted photo-shoot hour.

Deposit means the initial part-payment required under this agreement before the commencement of the provision of services by the Photographer. 

Fee means a charge agreed by the parties to be payable to the Photographer for a change to the agreed terms (for example, the parties may agree to a rescheduling fee).

General Terms means the terms of this document.

Images means photographic images, whether still or moving, no matter how they are displayed, stored or reproduced, and the files or media on which they are stored, including prints, transparencies, negatives, and digital files in any format.

Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, service marks, designs, patents, circuit layouts, plant varieties, business and domain names, database rights, confidential information, know how, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields existing anywhere in the world, whether or not registered or capable of registration, and any goodwill associated with such activity and any applications, renewals and extensions of such rights.

Model Consent means permission (in a form approved by Photographer) from a subject or proposed subject of a photo-shoot for their Image to be used consistently with the provisions of this agreement. 

Photographer means Bianca Smyth trading as Bianca Smyth Photography.

Photo-shoot means the photography session at which the raw images are captured by Photographer.

Price means the agreed price payable by Client to Photographer for the services and deliverables as set out in the Specific Terms.

Specific Terms means the terms agreed in writing between Photographer and Client specific to the Client and the engagement, including price, photo-shoot duration, and deliverables. 

Thumbnail means a low-resolution version of an Image, which may contain a Watermark.

Use, in connection with Images, means to alter, transform and/or combine Images so as to produce a variant Image based on, but not identical with, the original Image.

Venue Consent means permission (in a form approved by Photographer) from a duly authorised owner or occupier of a venue for the carrying out of the photo-shoot at that venue.

Watermark means a visible overlay applied to an Image. A watermark may be used to partially obscure an image while making the image available for inspection.  

Work Product means all Images taken by Photographer during the course of the engagement for the Client, and all copies and modifications of the Images created by the Photographer, and includes the Deliverables. 

VII.      General

Governing Law. This Agreement will be governed by the laws of Queensland, Australia.

 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

Formation. This agreement is formed upon:

·      The provision of these General Terms to Client (which may be by publication on Photographer’s website),

·      The agreement to Specific Terms between Client and Photographer, and

·      The payment of the Deposit by Client.

The agreement may be formed via exchange of electronic communications, and may be formed in counterparts. If formed in counterparts, each counterpart, taken together, shall constitute the one contract. Agreement to Specific Terms may be effected by Photographer advertising or suggesting proposed specific terms (which may be in the form of a package on Photographer’s website or brochure) and Client agreeing to, or ordering, that package.

[i] Terms v28Aug2025