TERMS & CONDITIONS
1. Payment and Deposit
1.1. A non-refundable deposit of $50 is required to secure the CLIENT's booking. The deposit covers the administrative costs of scheduling and preparing for the session and will be applied to the total session fee.
1.2. The remaining balance is due no later than the session date unless otherwise agreed in writing.
1.3. Payments not received by the due date may result in delays in delivering images or cancellation of the session.
2. Session Details
2.1. The CLIENT acknowledges that the session includes ___ images as part of their package.
2.2. A proof gallery with additional images (e.g., 50 images) will be provided for selection. Only the number of images included in the package will be delivered unless additional images are purchased at the rates stated in the CLIENT's quote.
3. Image Packages, Proof Galleries, and Final Selections
3.1. Proof galleries are curated solely at the discretion of Mia O'Neill from Four O Photography to include the best images from the session. Images shared as sneak peeks may not appear in the proof gallery.
3.2. RAW (unedited) files will not be shared under any circumstances.
3.3 By signing this contract, the client acknowledges that they are familiar with Four O Photography’s unique editing style, as showcased on social media and the official website. All editing decisions are made solely at the discretion of Four O Photography to maintain the artistic integrity and distinctive skills reflected in its work. While minor variations in editing may occur, re-editing in a different style or altering the edits will not be accommodated, as this does not align with the creative vision of Four O Photography.
3.4. The CLIENT will have 7days to finalise their selections from the proof gallery. Failure to do so may result in delays or additional charges.
4. Client Cooperation and Image Expectations
4.1 The Photographer agrees to make every reasonable effort to create and deliver high-quality images as outlined in the session description. However, the Photographer makes no guarantee, either expressed or implied, regarding the capture of any specific images, poses, or moments.
4.2 While client requests and preferences are welcomed and will be considered, the Photographer retains full creative control over the session and the final selection of images. The artistic style, composition, and editing of the images are at the sole discretion of the Photographer.
5. Children’s Participation
5.1 The Photographer agrees to make every reasonable effort to support, guide, and encourage children to participate in the session in a positive and engaging manner.
5.2 The Client acknowledges and agrees that the Photographer cannot be held responsible for any child or children who choose not to cooperate, engage, or participate during the session.
5.3 No refunds, credits, or reshoots will be provided for missed images resulting from a child’s unwillingness or inability to participate.
6. Limitation of Liability
6.1 The Photographer shall not be held liable for failure to capture any specific image or pose requested by the Client. The Client acknowledges that photography is a creative and subjective art form, and that the Photographer will use their professional judgment to create images consistent with their style and brand.
7. Delivery of Digital Files
7.1. Final images will be delivered via an online gallery or other specified method within one week of the CLIENT’s final selections, unless otherwise communicated beforehand.
7.2. The CLIENT is granted personal use rights to the images. Commercial use or resale is prohibited without additional licensing.
7.3. Four O Photography is not responsible for storing or archiving files after delivery. The CLIENT is advised to create backups to prevent data loss.
7.4 Four O Photography will not reupload or reopen galleries that have expired. The CLIENT will receive email notifications prior to the galleries expiring.
8. Copyrights and Alterations
8.1. All photographs remain the copyright of Mia O’Neill (Four O Photography) and are protected under Federal Copyright Law.
8.2. The CLIENT may not edit, modify, manipulate, or alter the images, including but not limited to adding filters, cropping, or adjusting brightness/contrast.
8.3. Proof images will include watermarks to discourage unauthorised use.
9. Model Release
9.1. The CLIENT grants Four O Photography the irrevocable right to use images for marketing, advertising, and promotional purposes.
9.2. For minors, a parent or legal guardian must sign this release.
9.3. The CLIENT understands that images shared on social media may reach a wider audience beyond the control of Four O Photography. Four O Photography disclaims responsibility for any external use or comments outside its official channels.
9.4. The CLIENT may opt out of social media usage by notifying Four O Photography in writing before the session.
10. Cancellations and Refunds
10.1. If the CLIENT cancels their session within five days of the scheduled date, the non-refundable deposit will be forfeited. This amount may be applied to a future booking if rescheduled within three weeks of the original date.
10.2. If Four O Photography cancels the session due to unforeseen circumstances, the CLIENT may opt for a full refund of the deposit ($50) or reschedule at no additional cost within three weeks of the original date.
10.3. Force Majeure: In the event of circumstances beyond either party’s control (e.g., severe weather, government restrictions), the session may be rescheduled. If rescheduling is not possible, a refund of the deposit ($5) will be provided.
11. Re-shoot and Complaints Policy
11.1. Re-shoots will only be offered if Four O Photography fails to deliver a minimum of 20 images that meet professional standards.
11.2. Re-shoots will not be granted for dissatisfaction with personal appearance, weather, CLIENT non-compliance with preparation instructions or any other reasons.
11.3. CLIENT complaints about image quality must be made within three days of receiving the final gallery. Requests for re-editing may incur additional charges after this period.
12. Client Responsibilities
12.1. The CLIENT is responsible for arriving on time, ensuring all session participants are prepared, and providing supervision for children.
12.2. The CLIENT is advised to follow wardrobe and preparation guidelines provided by Four O Photography to ensure the best results.
13. Liability and Safety
13.1. Four O Photography is not liable for injuries, accidents, or damages that occur during the session even in the event of gross negligence on the part of the photographer.
13.2. The CLIENT agrees to follow all safety instructions during the session.
14. Governing Law
This agreement is governed by the laws of Western Australia. Any disputes arising shall be subject to the exclusive jurisdiction of the courts in Western Australia.
15. Confidentiality Clause
All personal information shared by the CLIENT will remain confidential and will not be disclosed without prior consent.
Agreement:
By signing below, the CLIENT acknowledges they have read, understood, and agree to all terms outlined in this contract.
LAST UPDATED: 27.04.2025
Welcome to Four O Photography! These Terms and Conditions govern your use of our website and any services, features, or content provided by Four O Photography (collectively referred to as the "Services"). By accessing or using our website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our website.