Definitions:
“Photographer” - Kimberly Perry trading as Kimberly Ann Photography 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. 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.



2. Payment Terms
Upon confirmation of the Client’s booking by the Photographer, a deposit equal to 50% of the session fee is required to secure the agreed session time and date (the “Appointment Date”).  The balance of the session fee is required a minimum of 7 days prior to the Appointment Date.
Full payment of amounts relating to print orders is required upon ordering. Without payment, print orders won’t be processed by the Photographer.

The Client should inspect all print order items immediately upon receipt and will notify the Photographer within 7 working days of delivery confirming in writing if the goods are damaged or do not match the description given at the time the order was placed. If the Client fails to do so the Client will be deemed to have accepted the goods.



3. Cancellation Policy
Once the Appointment Date has been confirmed by the Photographer, the Photographer will not accept any other work from other clients for the Appointment 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 the 50% session fee if cancellation is more than 7 days prior to the Appointment Date and forfeit of 100% of the booking/session fee if cancellation is within 7 days of the Appointment Date.   In addition to the cancellation fee, the Client will be charged for any expenses already incurred by Photographer between the confirmation of the booking and the cancellation by the Client.
Print orders are binding in nature once accepted by the Photographer and any variations to print orders will be subject to additional charges.



4. Postponement
Best attempts will be made by both Photographer and Client to reschedule to a mutually agreeable time should illness or inclement weather prevent the session from proceeding on the Appointment Date as booked.



5. Image Retention
The Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client.



6. 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.



7. 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.



8. Sessions
Although every effort will be made to comply with the Client’s requirements, 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.



9. Website Terms & Conditions

Kimberly Ann Photography 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 Kimberly Ann Photography.

The information on this website is provided for general information only. Kimberly Ann Photography 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, Kimberly Ann Photography 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.

 

 

© Kimberly Ann Photography