Terms & Conditions
By purchasing a Mini Session you agree to the following terms.
SESSION AGREEMENT
Please read all information carefully in the Session Agreement below.
TERMS AND CONDITIONS OF SMALL SOY CREATIVE
Definitions:“Photographer” –Rachel Bradley trading as Small Soy Creative and includes without limitation its employees, agents and representatives. “Client” – person or organisation to whom the booking form is addressed (regardless of whether the Client is acting for a third party).“Image(s)” – all visual representations furnished to Client by Photographer, whether captured, delivered, or stored in photographic, electronic, or any other media format.
1. Payment Terms – A non refundable payment of $150 is required to secure the agreed session time and date (the “Appointment Date”).
2. Sessions are limited to 5 max, if additional people are to attend the photographer must be contacted prior and a second time slot purchased to accommodate.
3. Participation – The photographer will do their upmost to encourage smiles and participation of children during your session , however cannot be held responsible children’s expressions during the session.
4. Photographic Style – Photographs taken during the course of the session will be at the discretion of the Photographer including decisions made in relation to poses photographed, locations used and the post-processing style adopted. The Photographer’s judgement regarding these matters is at their sole discretion and no correspondence will be entered into. Small Soy Creative offers a specific style and all images provided to the client will be in line with the style and brand presented by Small Soy Creative.
5. Retouching – Mini sessions do not include any additional retouching. Including but not limited to, skin, bruises, scratches, pimples, clothing stains.
6. Retention of Copyright – All Images and the copyright within them shall remain the sole and exclusive property of the Photographer in perpetuity. No copyright of any images shall pass to the Client on the granting of reproduction rights. The right, by way of license to use the images is passed to the Client only upon full payment of all outstanding monies. This license is non-transferable and intended exclusively for personal use. No Image may be used for promotional, advertising or any other commercial purpose without the express permission of Photographer and, at the discretion of the Photographer, the payment of additional fees and an accompanying written credit to the Photographer. The Client will not make or permit any alterations to be made to the Images, including but not limited to, additions, subtractions, or adaptations in respect of the Images.
7. Cancellation Policy – Once the Session Date/Time has been booked, the Photographer will not accept any other work from other clients for the Appointment time and date. As a result, once a booking is made, subsequent cancellation without mitigating circumstances (at the discretion of the Photographer) will result in the forfeit of 100% of the session fee. In addition to the cancellation fee, the Client will be charged for any expenses incurred by Photographer between the confirmation of the booking and the cancellation by the Client. You will be required to pay a full additional session fee to secure a new date.
8. Late Arrival to the Photo Session – Should the client arrive to the shoot later than the scheduled time booked, the time will be taken off of the photography session. It is also the clients responsibly to ensure they, the model and/or any products required for the shoot are all at the shoot locations on time.
9. Postponement – In the case of an emergency event including, accidents and health crisis or similar situations. Small Soy Creative expressly reserve the right to reschedule any shoot taking place. If local council or the Australian Government have deemed our industry to close for reasons of covid-19 lockdown or alike, no refunds will be given, but your paid amount will be transferrable to use on any future full priced photography session with Small Soy Creative to be used within 12 months of being able to re open business.
10. Liability – In the event of any loss of Images due to, but not limited to, damage or computer malfunction, Photographer liability is limited to the value of the session fee.Photographer will not be liable for any loss or damage including (without limitation), indirect or consequential damages suffered by the Client or by any third party arising from the session or any use or reproduction of any Image.
11. Image Delivery – 10 high-resolution jpeg images will be delivered to the client digitally. A link will be emailed to the client for their digital downloads.
12. Image Retention – The Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. If the client requests images to be resent, an hourly fee will be charged for recovery and administration costs in doing so. Images will be provided if they are still in the possession of the photographer.
13. Indemnity – The Client waives, releases, forgives, discharges and relinquishes any and all claims that arise against the Photographer, which are connected with, arise out of, relate to or are incidental to any transaction.The Client agrees to indemnify, defend and hold the Photographer harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by the Photographer, arising out of or in connection with the performance of its duties (except as caused by the Photographer’s gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of the Client taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. The Client further agrees to indemnify and hold the Photographer, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the services provided by the Photographer, the violation of these Terms & Conditions by the Client, or the infringement by the Client, or other user of the Photographer’s website, of any intellectual property or other right of any person or entity.
14. Website Terms & Conditions – Small Soy Creative grants you permission to access and view the content appearing on this site. You agree not to download, copy, print, reproduce or in any other way manner use any images from the site without the expressed written permission of Small Soy Creative. The information on this website is provided for general information only. Small Soy Creative has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur including through negligence. Accordingly, Small Soy Creative does not accept any liability for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.
These Terms & Conditions are subject to change without notice at the discretion of the Photographer.
15. No refunds will apply to any sessions.
Due to the custom nature of photography, strictly no refunds on either your session fee, or your order total will be issued. This includes any prepayment of any funds that occur before the booked session itself.
If any promotions arise where we are offering a discounted rate, this shall not apply to current booked sessions, or sessions that have been prepaid. Offers may not be used in conjunction with other offers. Offers are not redeemable for cash or products.
16. Clients that attend their photography session in a disorderly state, or show disrespect to Rachel Bradley and her photography equipment will result in cancellation of the session immediately. No refund will be issued as per the cancellation terms.