TERMS & CONDITIONS

APPOINTMENT RETAINER FEE & RESCHEDULING
A 50% retainer fee will be required as a deposit to secure and hold the Clients session. This retainer fee ensures the commitment to the scheduled appointment from both Parties. Cancellation or non-attendance of the Client at a session will result in the forfeiture of the retainer fee. In exceptional circumstances, ADB Imagery may, at its sole discretion, reschedule an appointment and carry forward the retainer fee.

PHOTOSHOOT SESSION
Only the Client may attend the session unless discussed with ADB Imagery prior. In the case of children and infants, at least 1 parent or legal guardian must also attend. Parents attending sessions must adhere to any instructions from ADB Imagery and refrain from interfering with ADB Imagery’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 ADB Imagery 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 at its sole discretion; provided, however, that it is under no obligation to do so. Under no circumstances will the retainer 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). The Client agrees to be responsible for any damage occurring to any of ADB Imagery’s equipment or property during the session or as a result of the actions of any session attendees, or as a result of any condition or occurrence at an on-location session that results in damage, other than the damage which results solely from ADB Imagery’s negligence.

VIEWING / ORDERING
All sessions/photoshoots include a watermarked PDF proof sheet. Watermarked images included in the Clients PDF proof sheet are solely for the Clients viewing purposes and may not be shared, copied, or used in any way other than to assist the Client in choosing which images to purchase. The retouching/editing/post-production will begin when a minimum of 50% of the Clients image order has been paid. Once retouching has begun the Client can not change their image selections. ADB Imagery will not deliver/send any final images to the Client until the invoice has been paid in full.

DIGITAL IMAGE REFUNDS
Upon delivery of the final images to the Client, under no circumstances can refunds be made. If the Client is unhappy with their final images, ADB Imagery, at its sole discretion, may offer to amend any issues for free or at a discounted price.

CREATIVE CONTROL | REFUSAL OF SERVICE
ADB Imagery reserves creative control over the design and content of each photoshoot and all photographic content. ADB Imagery may, at its discretion decline to create certain types or styles of photography. ADB Imagery reserves the right to refuse to produce images of certain sizes or combinations of sizes if ADB Imagery believes such images would reflect the reputation of ADB Imagery as a professional studio. Clients should discuss their requirements with ADB Imagery prior to the photo shoot. ADB Photography reserves the right to refuse service if the provision of service is likely to cause disruption to the normal operation of the business.

OWNERSHIP / USE OF IMAGES
ADB Imagery will own full copyright of all images. Clients may use purchased images for personal use only. All images are provided to Clients with a ‘personal use license’. Clients are free to print images and make copies. Under no circumstances may images be used for commercial use, resale, or used in any manner in which the Client may gain profit, including but not limited to, digital or print advertising. Clients may purchase and seek written approval from ADB Imagery for full copyright and/or commercial use of the images.
Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by ADB Imagery any fee payable by the Client shall be subject to an increase specified by ADB Imagery and in any event an increase of not less than 25%.
ADB Imagery asserts its legal and moral right that the Client acknowledges and credits ADB Imagery as the artist/photographer when publishing or using images online in notices and media (ie. Facebook, Instagram, Websites, etc). Images may not be digitally altered or edited by the Client in any way.
The Client grants ADB Imagery the right to use all negatives, proofs, photos, prints and all images and likenesses thereon in connection with its display and marketing efforts and the Clients grants to ADB Imagery a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes.

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. Once a digital image order has been completed, the Clients images will be stored indefinitely. Alternatively, if no purchase is completed, images are stored for a minimum period of seven (7) days to facilitate a change of mind. If the Client wishes to purchase the images in the future there is an option for ADB Imagery to hold the images longer however the Client must request this with ADB Imagery within 24 hours of the proof sheet being delivered. If the Client is using a layby/pay later service, and ADB Imagery is storing the Clients images, all care will be taken to ensure that the images will be available for the creation of the Clients 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/or the Client changes their mind.

FORCE MAJEURE
If ADB Imagery is unable to attend the photo session due to fire, flood, casualty, strike, civil disturbance, war, terrorism, or other acts of God beyond the parties’ control, then ADB Imagery will refund the Client all monies paid, less the retainer and this Agreement shall immediately terminate.

PHOTOGRAPHER SUBSTITUTION
In the extremely unlikely event of severe personal illness which precludes ADB Imagery from performing the duties of coverage, ADB Imagery will attempt to arrange for a substitute photographer of high qualification, per Client approval. The Client and ADB Imagery assume the risks and dangers of the ADB Imagery’s travel and in the extremely unlikely event a last-minute Act of Nature or travel disaster occurs while ADB Imagery is en route to the session, ADB Imagery will refund the Client all monies paid, less the retainer.

COMPETITION ENTRIES
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.

TRANSFER ABILITY
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. 

If you have any questions regarding competitions or these terms and conditions please contact ADB Imagery on 0433 809 054.