Terms & Conditions
If you have booked a session with Zoom Photography by Kate, you are agreeing to these policies.
Upon booking a session the Client will be required to pay the full amount of the session fee to hold a date and time slot for the photo shoot. These payments are payable by Cash, Bank Transfer, PayPal or Card.
Payment plans are available through a third party lender Payright. The terms and conditions are as followed by the third party lender.
Or Traditional Layby
This is an inhouse layby I provide for my customers to make paying for their artwork a bit easier.
The terms of layby are:
Entering into a Layby contract is a legally binding contract. You will need to make repayments as set out in the contract. If repayments are not made as agreed upon then you may be charged late fees.
Laybys are for a maximum length of 3 months.
Payments can be made weekly or fortnightly.
There are no fees to set up a layby. But you will need to pay a deposit of 15% of your order upfront.
If payment is late, you will get a reminder to pay within 3 days or you will be charged a $30 late fee. If this happens more than 3 times then I reserve the right to cancel your order without refund.
Once you have paid your order in full then you will receive your products.
You may cancel at any time. If you choose to cancel your order, there will be a termination fee of 20% of the total order. If you have paid more than 20% you will be refunded the rest of the amount paid. If you haven't paid 20% of the total order, you will still be required to pay the remainder of the balance.
You can choose to pay more than the minimum payment set out in the contract as long as you are at least making that minimum repayment every time you are required to make a payment, unless it is the final payment and it is less than the minimum payment required.
Gift Certificates can not be used with any other offer or gift certificate. It is not redeemable for cash. They can not be used for any mini sessions. A new gift certificate will not be issued if it is lost or damaged. Gift Certificates are valid until the end of the expiry month on your Gift voucher, this means that you need to book a session before the end of your expiry date for it to be valid. If you are using a gift certificate to pay for your session, you will still need to pay a deposit of $100 to hold your spot. This deposit will be refunded at the time of your session or can be put towards artwork. One (1) Gift Voucher per person, per every 12 months. The voucher is only allowed to be redeemed by the person that's name is printed on the gift voucher unless no name has been put on the gift voucher. If no name has been put on the gift voucher you may re-gift it as long as you do not gain any financial benifit from it. Gift vouchers cannot be re-sold or swapped for anything with another person. To receive your extra $50 credit towards wall art or albums you need to register your Gift Voucher Here by the date that is on your Gift Voucher. Gift vouchers are only Valid for Family, Maternity, Newborn, Pet and Extended Family sessions, they cannot be used for personal branding sessions.
The session deposit is NON-REFUNDABLE as it holds your place in Zoom Photography by Kate's booking calendar. Upon receipt of the deposit Zoom Photography by Kate agrees not to book another client during the same time period. There are no refunds or exchanges on artwork. But my Canvas Prints comes with a 75 year guarantee on accidental damage, fading or imperfections of the materials they are made from. In this instance you will get a replacement Canvas print of the exact same photo for no extra charge.
CANCELLATION OR POSTPONING:
The client understands that by entering into this agreement, they have locked in a date and time for their session to take place and that in the event of a cancellation or the session being postponed by the client the deposit that has been paid is NON-REFUNDABLE. Deposits are transferable if it is absolutely necessary to change the date of the session, but forty-eight (48) hours' notice must be given. If the client doesn't give sufficient notice to cancel or postpone the session, then there will be a fee of $50 to re-book.
If it is not possible for the session to take place on the scheduled day due to rain, then the Photographer will reschedule the session at the next possible date and time that suits at no extra charge.
If a client is late to a session, the session will continue until the scheduled end time. The client understands that if they are late it may limit the number of images available for their gallery. 30-minute mini sessions will be considered cancelled if the client is late by 15-minutes. If the client fails to turn up without appropriate notice, there will be a fee of $50 to re-book the session. If the client fails to attend the second sitting there will be no further liability with respects to the agreement.
VIEWING AND ORDERING PHOTOGRAPHS:
A viewing of the proofs will be available within 1 weeks of your session. The Photographer retains the rights to edit the photographs as she sees fit based on her expertise and experience.
You will need to view the proofs, choose the images you would like and place your order at your viewing and ordering session. A minimum of 20% of the total order will be required upfront for your order to be processed. Your order will need to be paid in full before you can take your artwork home, Unless you are on a payment plan through Payright.
Prints will take 2-3 weeks to be ready. Due to COVID-19 there can be some delays with the suppliers and couriers and in some cases may take longer but if that is the case Zoom Photography by Kate will keep you informed with any delays.
DIGITAL IMAGES, PRINTS AND COPYRIGHT:
The copyright of all images taken by the photographer is the property of Zoom Photography by Kate. This means that the photographer retains the exclusive rights to copy, edit and distribute any/all images created under this agreement. This allows the photographer to use the images for any reason including but not limited to: advertising, marketing, sales. The digital files remain the sole property of the photographer and the copyright for them will never be given or sold to anyone else.
The client may purchase prints from Zoom Photography by Kate or have their own personal prints printed at another photo lab once they are in possession of their digital images. Just note that if you are not having them printed by Zoom Photography by Kate, that there is no guarantee that the images will turn out the way they were intended. This is due to other photo labs may not have the same quality or calibrated the same as this system.
When you are posting your images on social media, DO NOT crop, alter or edit images in any way.
If the client is unhappy with particular editing or the colour quality of any image(s), the photographer will make adjustments one (1) time only. This is to be discussed with the photographer at your viewing and ordering session. Any extra retouching above and beyond the normal adjustments of an image will be subjected to a $20 per image fee. This includes, but is not limited to removing objects or people from the image background, intense skin retouching and removing logos etc.
The client understands that by entering into this agreement that they grant the photographer, Zoom Photography by Kate, the right to take photos of them and the client's children. If the subject is a minor, the client certifies that they are legally able to give consent for the child/children to be photographed. The client consents to allowing the photographer to use and publish the photographs in print and/or electronically for example on social media and website.
LIMIT OF LIABILITY:
Zoom Photography by Kate takes the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However in the unlikely event that all originals are lost, stolen, damaged or destroyed (before you receive your copies) within or beyond Photographers control, the photographers liability is limited to the refund of all payments received or a re-shoot can be scheduled at no additional cost.
If the photographer is injured or becomes too ill too attend the portrait session, the photographer will make every effort to reschedule at the earliest available date. If this situation should occur and the portrait session CANNOT be re-scheduled, responsibility and liability is limited to the return of all payments received.
Neither party shall be liable for the indirect or consequential costs or loss due to a photographic failure or a cancellation of this contract by either party or in any other circumstance.
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