Terms and Conditions
Entrants may only enter the competition once. Entries are limited to residents of Western Australia. Entries shall only be accepted from persons 18 years of age or older who have not won a prize with ADB Imagery in the last 6 months. It is always the responsibility of the person or persons being photographed to declare their age and ADB Imagery accepts no liability if this is not made clear before any photography commences unless a guardian is present at your shoot. To be eligible for any prize draw, entries must be original and have all fields completed. Entries not completed fully will be rejected. All prize winners and runner up winners will be notified by email or phone. The major prize winner will be the first valid entry drawn on the day of the draw. Prizes remain valid for a period of 6 months from the date of draw and if not claimed it will be considered that the winner no longer has an interest in redeeming the prize. If the winner does not redeem the prize then a second entry will be chosen as the winner. Consolation prizes will have an expiry date applied on the email of notification or the prize certificate. Prizes are for domestic use only and can not be used for any other purpose unless stated in writing by your photographer. Prizes are not transferable, not exchangeable or redeemable in whole or any part for cash or any cash equivalent. Prizes cannot be used in conjunction with any other offer or voucher. The judge’s decision will be final and no correspondence will be entered into. By entering the promotion customers understand and agree that ADB Imagery may use the information provided by them in accordance with National Privacy Principles. The National Privacy Principles can be found at www.privacy.gov.au. By entering the promotion the customer understands that ADB Imagery shall not be responsible for any accident, loss, injury or damage to any person or property arising out of or in any way ancillary to the promotion either during or after the promotion period and further waives and releases ADB Imagery from and against all claims, demands or suits which but for this provision the customer may be entitled at law howsoever arising. Entry into the competition signifies acceptance of all conditions. Entrants are required to abide by the Terms & Conditions as presented.
GIFT CERTIFICATES | SPECIAL OFFERS | VOUCHERS | DISCOUNTS
Gift certificates must be registered by the holder prior to the expiry date provided the holder has not redeemed a competition prize, gift certificate or promotional voucher with ADB Imagery in the 6 months prior to registering the offer. Gift certificates which include a complimentary portrait or credit toward purchases will receive an image of ADB Imagery’s choosing however the gift certificate/credit voucher holder may be eligible to choose under certain circumstances. It is the responsibility of the customer to declare that they hold a gift certificate at the photo viewing to claim their complimentary image/credit voucher, failure to do so will result in any monies paid for products being ineligible for refund or credit retrospectively. ADB Imagery reserves the right to vary the length and content of the photoshoot based on the client’s requirements, this will be at the sole discretion of ADB Imagery. Only (1) one gift certificate may be used at a time and cannot be used in conjunction with any other offer or voucher. Gift certificates are not redeemable for cash or any equivalent value. Non-attendance for a viewing appointment will be regarded as a non-purchase and treated accordingly. Any offer, discount or voucher is only available for redemption on the day of the viewing. If the order is changed after the viewing/purchase appointment the offer may no longer apply and is completely at the discretion of ADB Imagery. Certificates cannot be used as a deposit for any ADB Imagery services. Unauthorised reproduction, resale, modification, or trade prohibited. You cannot use the gift certificate or promotional voucher to purchase products from previous photo sessions. Offer is subject to change without notice.
Promotional vouchers and gift certificates ARE transferable to family or friends. They are not exchangeable or redeemable in whole or in part for any cash equivalent. Prizes and gift certificates cannot be used in conjunction with any other offer or voucher. Only (1) one gift certificate or voucher can be used at one time. Certificates and vouchers cannot be used to purchase goods or products from other photo sessions.
APPOINTMENT HOLDING FEE/BOOKING DEPOSITS | RESCHEDULE POLICY
A holding fee / booking deposit of $50 will be required to secure and hold your appointment. This holding fee ensures your commitment to the scheduled appointment. Cancellation or non-attendance at an appointment will result in the forfeiture of the holding fee. The Promotional voucher considered to have been used in full. The holding fee / booking deposit will be credited towards any orders you make at the presentation of the photographs following the photo shoot at the viewing/purchasing session, provided that you have completed your appointment at the correctly scheduled time and date. Failure to attend or complete your scheduled appointment may result in the cancellation of any prize and the forfeiture of the holding fee at the sole discretion of ADB Photography. *Please Note: In exceptional circumstances, ADB Imagery management may, at their sole discretion, reschedule an appointment and carry forward the Gift Certificate and holding fee /booking deposit. Please ensure you send an email to notify ADB Imagery.
Only the person being photographed may attend the session; provided, however, that in the case of children and infants, up to 2 parents may also attend. If you wish bring someone along with you please discuss first with ADB Imagery. Parents attending sessions are kindly asked to adhere to any instructions from the photographer and to refrain from interfering with the photographer’s work. Personal assistants, nannies, caregivers, friends and siblings may not attend sessions unless they are being photographed or previously agreed upon with ADB Imagery. ABSOLUTELY NO PHOTOGRAPHIC, VIDEO, FILM, DIGITAL, TAPE, CASSETTE, OR RECORDING DEVICES OF ANY KIND ARE PERMITTED DURING A SESSION.
ADB Imagery reserves the right to terminate any session due to any failure of the client to adhere to the requirements set forth in these terms or if the model(s) being photographed are unwilling to be photographed or if anyone in the session is behaving in a manner that the photographer deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, ADB Imagery may offer to schedule a new session in its sole discretion; provided, however, that it is under no obligation to do so. Under no circumstances will the session fee be refunded.
Parties being photographed must be dressed, made up and prepared at the exact designated start time. Sessions will begin and end promptly as scheduled. Additional photographer and studio time may be purchased in half-hour increments for $75 per half-hour (photographer availability and schedule permitting). Photographer/Owner captures the “essence” of your children; the finer details (combed hair, clean faces, jewelry etc.) are the parents’ responsibility. Removing these items before the session will be much simpler and more cost effective for the client.
Client agrees to be responsible for any damage occurring to any of ADB Imagery’s equipment or property during or as a result of the event or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from Your Name Photography’s negligence.
VIEWING / PURCHASING SESSION
All photoshoots include a follow up appointment to view and purchase your images after your photo shoot session. If, at the time of the viewing/ purchasing session you are unable to make a decision and require another appointment, the second viewing/purchasing session will attract a fee of $150.00 to cover our time and expenses. Choose carefully as we do not refund and there is no cooling off period for purchases. As our artwork is uniquely created for you, and you have the opportunity to view your images before making a purchasing decision; we do not allow you to change your order. Once the order agreement has been signed it is part of our process to immediately design, create and finish your artworks. Refunds are not available where a purchase contract is in place, deposits or full payment have been made and a client changes their mind. All final images/artwork will be delivered to the client once payments have been paid in full. No RAW or unedited images will be made available for viewing. Clients will have the opportunity to request special editing/retouching on purchased images at their viewing at no additional cost. Any retouching requests made after the Clients viewing will incur additional retouching fees.
CREATIVE CONTROL | REFUSAL OF SERVICE
ADB Imagery reserves creative control over the design and content of each photoshoot and all photographic content. We may, at our discretion decline to create certain types or styles of photography. We reserve the right to refuse to produce images of certain sizes or combinations of sizes if we believe such images would reflect on the reputation of ADB Imagery as a professional studio. Clients should discuss their requirements with the studio prior to the photo shoot. ADB Photography reserves the right to refuse service if in our opinion the provision of service is likely to cause disruption to the normal operation of the business.
OWNERSHIP / USE OF IMAGES
ADB Imagery will own copyright of all images, however, Clients may seek written approval from ADB Imagery for full copyright and/or commercial use of the photographs i.e. advertising. Clients may use purchased images for personal use. All images are provided to Clients with a ‘personal use, royalty free, perpetual licence’. Clients are free to print images and make copies. ADB Imagery requires that you acknowledge ADB Imagery as the artist/photographer and requests a credit when using images in notices and media (ie. Facebook, Instagram, Websites, etc). Images may not be digitally altered or edited by the Client in any way.
ADB Imagery shall have the right to use all negatives, proofs, photos, prints and all images and likenesses thereon in connection with its display and marketing efforts and you grant to ADB Imagery a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes and you represent that you have the authority to grant the same.
RETENTION OF IMAGES
ADB Imagery accepts no liability for loss of stored images due to circumstances beyond their control including human error and technical failure. If a purchase is completed at the viewing/purchasing session, your images will be stored indefinitely. Alternatively, if no purchase is completed, images are stored for a period of five (5) days to facilitate a change of mind. If you wish to purchase the images in the future there is an option for ADB Imagery to hold the images longer however please discuss with one of our team members for further information. If you are using one of our layby plans and we are storing your images, all care is taken to ensure that they will be available for the creation of your products. If a situation arises where funds have been paid to ADB Imagery and the original images are no longer available due to the aforementioned or some other circumstance, the client will be eligible to have another photo session in order to replace the original images and products of equal or greater value will then be created from these new images. Refunds are not available where a purchase contract is in place, deposits have been made and a client changes their mind.
If you have any other questions regarding competitions or our terms & conditions please contact ADB Imagery on 0433 809 054.