Terms & Conditions
THIS AGREEMENT is made between Laura McCracken Photography (referred to in these Terms and conditions as “The Photographer", "We", "Us" or "Our") and the person purchasing the Services (referred to as the "Client", "You" or "Your").
1. Agreement
By paying a booking fee or accepting a quotation, the Client agrees to these Terms and Conditions.
These Terms apply to all services provided by The photographer unless otherwise agreed in writing.
When purchasing the Services, You will be required to provide personal information such as Your full name and e-mail address.
You agree that all details that You have provided in completing the purchase are true and correct.
Your personal information is kept in accordance with the Laura McCracken Photography Privacy Policy which can be accessed which is available on the Website.
1.1 The Services
• The photographer agrees to perform the services for the client, for the Fees, on agreed Dates.
• You acknowledge and understand that Newborn photoshoots are designed for babies under 12 weeks old. You agree to use Your best endeavors to make appointments ASAP to have a newborn shoot, because at times the availability of The photographer can mean photoshoots are delayed.
• Appointments for Maternity shoots need to be made at a time when the pregnancy has passed 29 weeks.
2. Booking Confirmation
A booking is not secured until:
• the required retainer has been received; and
• the Client has accepted these Terms and Conditions.
Dates are reserved only after confirmation.
3. Fees
• A non-refundable booking fee of $30 will be invoiced to The Client and is payable within 48 hours of booking to secure the session. The booking fee reserves the Photographer's time and is deducted from the total package price. If the Client cancels, the booking fee will not be refunded except where required under Australian Consumer Law.
• The Fees do not include costs for the following: additional props, additional retouching, and editing. These will be quoted and invoiced separately from the Fees.
• The Fees do not include printed copies of the images. Any prints must be purchased separately.
• Unless otherwise stated, all amounts are listed in Australian Dollars (AUD)
4. Payment
The remaining balance is due:
• no later than 2 days before the session, or
• immediately following the session where agreed.
No edited images will be delivered until full payment has been received.
Past due payments may incur reasonable administration costs and interest where permitted by law.
5. Rescheduling
Clients may reschedule once without penalty provided at least 48 hours' notice is given.
Requests received with less notice or on more than one instance will require a new booking fee of $30 unless the cancellation is due to an emergency or another circumstance approved by The photographer.
6. Cancellation
If the Client cancels:
• more than 7 days before the session, all monies except the booking fee will be refunded.
• within 7 days, payments already made may be forfeited unless The photographer is able to fill the booking.
The photographer may waive cancellation fees at their discretion.
7. Weather
Outdoor sessions are weather dependent.
The Photographer may postpone a session where weather conditions are unsafe or unsuitable, including:
• heavy rain
• storms
• excessive wind
• bushfire smoke
• extreme heat
In these circumstances the session will be rescheduled at no additional charge.
8. Photographer Illness or Emergency
If the Photographer becomes seriously ill or experiences circumstances beyond their control preventing the session from taking place, every reasonable effort will be made to:
• reschedule the session.
• arrange a replacement photographer (where appropriate); or
• provide a full refund if the booking cannot proceed.
9. Client Responsibilities
The Client agrees to:
• arrive on time.
• ensure all participants are ready.
• supervise children at all times.
• obtain permission for any private location.
• disclose any relevant safety concerns.
Additional time caused by late arrival may reduce shooting time.
10. Safety
The Photographer reserves the right to stop or refuse any photograph that may place any person at risk.
The Photographer will never ask a client or child to undertake an unsafe pose.
11. Artistic Style
The Client acknowledges they have reviewed The photographer's portfolio and understand the Photographer's artistic style.
Image composition, posing, lighting, editing and colour grading are performed at the Photographer's artistic discretion.
RAW files are not supplied.
Specific edits outside The photographer's standard style may incur additional charges.
12. Image Selection
The photographer determines which images meet professional standards.
Blurred, duplicate, test images, closed eyes or technically unsuitable images will not be supplied.
The final number of delivered images will be dependent on the package You have chosen plus any additional number of images You may have purchased.
13. Editing
All final images receive professional editing.
Requests for extensive retouching beyond standard editing may incur additional fees.
14. Delivery
Unless otherwise agreed:
• Preview gallery: within 10 days.
• Final gallery: within 3 weeks
Delivery times may vary during peak periods.
Images are supplied digitally via online gallery. The images will be accessible in Your online gallery for six (6) months.
15. Backup of Images
Images are backed up after the session.
The client acknowledges that they are responsible for the storage and backup of the images supplied by The photographer.
The photographer will maintain digital files of the images that have been purchased, for 12 months, and will comply with usual backup procedures upon delivery of these images, The Photographer will not be liable under any circumstances if unable to produce the backups or future reproductions of the images upon a request by the client after this time. For the sake of clarity, images that are not purchased are not backed up by The photographer.
Where back-ups are available, these may be made available to the client for a fee to be agreed in writing.
16. Copyright
Copyright remains with The photographer under the Copyright Act 1968 (Cth).
The Client receives a personal license to:
• print images.
• share images with family and friends.
• post images on personal social media.
The Client must not:
• sell images.
• enter images into competitions.
• edit, filter or alter images.
• use images commercially.
• remove watermarks where applicable.
Commercial use requires written permission.
17. Moral Rights
The photographer asserts moral rights, including attribution rights, in respect of the images. The photographer would be grateful if You include a credit line acknowledging Laura McCracken Photography should You share or display the images on social media.
18. Portfolio Use
Unless the Client has requested otherwise in writing prior to the session, the Photographer may use photographs for:
• portfolio
• website
• social media
• studio samples
• competitions
• advertising
• professional awards
Clients may request complete privacy before the session.
19. Privacy
Personal information is collected solely for the purpose of providing services and is handled in accordance with the Privacy Act 1988 (Cth).
Client information will not be sold or disclosed except where reasonably necessary to provide services, such as through professional printing laboratories, online gallery providers, payment processors, or where required by law.
20. Limitation of Liability
The Photographer will take all reasonable care in providing services.
However, liability for events outside reasonable control—including equipment failure, acts of nature, venue restrictions, illness, or other unforeseen circumstances—is limited to the remedies available under Australian Consumer Law.
Nothing in these Terms excludes, restricts, or modifies any rights that cannot legally be excluded.
21. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, You are entitled to:
• cancel Your service contract with us; and
• receive a refund for the unused portion, or compensation for its reduced value.
If the failure does not amount to a major failure, You are entitled to have the problem rectified within a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion of the contract.
22. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any dispute shall be subject to the jurisdiction of the courts of New South Wales.
23. Force Majeure Event
Neither The photographer nor the Client will be liable for any delay, interruption, or inability to perform its obligations under this Agreement where such delay or failure is caused by circumstances beyond its reasonable control ("Force Majeure Event").
Force Majeure Events include, but are not limited to:
• severe weather, including storms, flooding, hail, lightning, extreme heat, high winds, or bushfire conditions.
• bushfires, smoke hazards, or emergency warnings issued by relevant authorities.
• pandemics, epidemics, or public health emergencies.
• government restrictions, public health orders, or travel restrictions.
• natural disasters.
• power outages or telecommunications failures.
• venue closures or restrictions.
• road closures or unsafe travel conditions.
• serious illness, injury, or family emergency affecting the Photographer.
• unexpected equipment failure that cannot reasonably be prevented or remedied despite the Photographer maintaining professional equipment and backup procedures; and
• any other event beyond the reasonable control of the Photographer.
Where a Force Majeure Event occurs, the Photographer will notify the Client as soon as reasonably practicable and will make every reasonable effort to:
• reschedule the photography session to a mutually convenient date; or
• provide an alternative solution where appropriate.
The obligations of the affected party will be suspended for the duration of the Force Majeure Event.
If rescheduling is not reasonably possible within sixty (60) days of the original booking date, either party may cancel the booking. In this circumstance, any amounts paid by the Client, excluding the non-refundable booking fee (which covers administration and reservation of the Photographer's time), will be refunded unless otherwise required by Australian Consumer Law.
Nothing in this clause excludes, restricts, or modifies any rights or remedies available to the Client under the Australian Consumer Law.
24. Print Colour Disclaimer
The photographer takes great care to ensure that all images are professionally edited using calibrated equipment to achieve accurate colour, brightness and contrast.
The appearance of digital images may vary depending on the device used to view them. Differences in screen calibration, brightness, contrast, colour settings and display technology may result in images appearing differently across phones, tablets, computers and televisions. These variations do not constitute a defect in the photographs or the services provided.
For the highest quality results, the Photographer recommends printing images through a professional photographic laboratory. Prints produced by consumer retail stores, discount retailers, online budget printers or home printers may not accurately reproduce the colour, sharpness, contrast or tonal range intended by the Photographer.
The photographer cannot accept responsibility for the quality, colour accuracy or finish of prints or products produced by third-party printing providers that have not been recommended or supplied by the Photographer.
Where prints or photographic products are purchased directly through The photographer, every reasonable effort will be made to ensure the final product meets professional quality standards. If a print supplied by the Photographer is found to be defective due to a manufacturing fault, it will be replaced in accordance with the Australian Consumer Law.
25. During the Photoshoot
You agree and acknowledge that neither You nor any other person attending the photoshoot is permitted to take photographs or video recordings (including on mobile phones or other electronic devices) during the session without the prior written consent of The photographer.
You acknowledge and agree that it is Your responsibility to arrive at the photoshoot ready to be photographed. This includes, where desired, having hair, makeup and clothing prepared prior to the session. The photographer is unable to undertake extensive editing to correct or alter hair, makeup or wardrobe after the session, and such requests may not be accommodated or may incur an additional editing fee.
You are responsible for ensuring that all members of Your party treat studio equipment, props and furnishings with reasonable care. Where any studio property, props or equipment are intentionally or negligently damaged by You or a member of Your party, You agree to reimburse The photographer for the reasonable cost of repair or replacement.
26. Unauthorised Image Use Policy
All photographs taken by The photographer remain the intellectual property of the Photographer and are protected under the Copyright Act 1968 (Cth).
Clients are strictly prohibited from taking screenshots, screen recordings, photographs of studio displays or televisions, or otherwise copying, reproducing or capturing preview images, proofing galleries, online galleries or watermarked images without prior written permission.
By attending an in-studio or online viewing session, You acknowledge and agree that:
• Any unauthorised screenshot, screen recording or copied image constitutes unauthorised use of copyrighted material.
• An administrative fee of $150.00 per unauthorised image may be charged to compensate for the unauthorised use of copyrighted material and the associated administrative costs.
• An invoice for these charges may be issued and, if unpaid, The photographer reserves the right to pursue recovery of the debt through appropriate legal avenues.
Nothing in this clause limits or affects any rights or remedies available to The photographer under the Copyright Act 1968 (Cth) or any rights available to the Client under the Australian Consumer Law.
27. Communication and Mailing List
The parties agree to communicate by telephone and/or email using the contact details provided by the Client.
By signing this Agreement, You consent to receiving marketing communications in accordance with the Laura McCracken Photography Privacy Policy.
You may unsubscribe from the Mailing List at any time by following the unsubscribe link included in any email or by contacting The photographer directly.
28. Confidential Information
Personal information is handled in accordance with the Privacy Policy.
Any additional information identified by the Client as confidential will also be treated as confidential except where disclosure is required by law or necessary to provide the Services.
All confidentiality obligations under this Agreement will continue after the completion of the Services.
29. Definitions
For the purposes of these Terms and Conditions, the following words have the meanings set out below unless the context requires otherwise.
Agreement means these Terms and Conditions together with any quotation, invoice, booking confirmation, package details and any written variations agreed between the Photographer and the Client.
Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth), together with any amendments or replacement legislation.
Booking means the reservation of a photography session following payment of the required booking fee and acceptance of these Terms and Conditions.
Booking Fee means the non-refundable amount payable to reserve the Photographer's time and secure the booking, subject to any rights available under Australian Consumer Law.
Client, You or Your means the individual or individuals purchasing services from Laura McCracken Photography, including any parent or legal guardian acting on behalf of a minor.
Confidential Information means any personal, financial or private information disclosed by either party that is identified as confidential or would reasonably be expected to remain confidential.
Copyright means the legal rights granted under the Copyright Act 1968 (Cth) relating to ownership and use of photographic works.
Digital Images means the edited photographic files supplied electronically by the Photographer through an online gallery or other agreed method.
Editing means the Photographer's standard post-production process, including colour correction, exposure adjustment, cropping, retouching, colour grading and other artistic enhancements at the Photographer's discretion.
Fees means the total amount payable by the Client for the Services, including any additional products or services purchased.
Force Majeure Event has the meaning given in Clause 23 and includes events beyond the reasonable control of either party that prevent performance of the Agreement.
Gallery means the secure online platform used by the Photographer to deliver preview and final images to the Client.
Images means all photographs captured during the photography session, including preview images, edited images and final delivered photographs.
Intellectual Property Rights means all rights relating to copyright, moral rights, trademarks and other proprietary rights recognised under Australian law.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth) and includes the Photographer's right to be identified as the creator of the images and to protect the integrity of those works.
Package means the photography package selected by the Client, including the services, products and number of edited images specified at the time of booking.
The Photographer, We, Us or Our means Laura McCracken Photography and any authorised employee, assistant or subcontractor engaged to provide the Services.
Privacy Policy means the Laura McCracken Photography Privacy Policy, as amended from time to time.
RAW Files means the original unprocessed camera files captured during the photography session. RAW files remain the property of the Photographer and are not supplied to Clients.
Services means all photography services, editing, consultations, image delivery and any related products provided by Laura McCracken Photography.
Session means the scheduled photography appointment, whether conducted in the studio, outdoors or at another agreed location.
Terms means these Terms and Conditions.
Third-Party Provider means any external business engaged in connection with the Services, including professional printing laboratories, online gallery providers, payment processors, delivery services or software providers.
Website means the official Laura McCracken Photography website and any associated online booking platform operated by or on behalf of the Photographer.
Writing or Written includes communication by email unless otherwise specified.