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Terms and Conditions of Service

This Service Contract below outlines the agreement between clients and Brittany Withers for photography services in Tasmania. By accepting this contract and paying the booking fee, the Clients agree to the terms, including the scope of services, session details, and payment structure.

  • Photography Services: Withers Co. will provide the agreed services as outlined in the Tax Invoice, with editing and delivery of final images within 90 days.
  • Payment Terms: A non-refundable booking fee is required to secure the booking, with the full balance due before the session. Additional charges may apply for changes or extra requests.
  • Cancellations: Both the Clients and Withers Co. can cancel the contract under specific conditions. If the Clients cancel after the balance due date, the full price remains payable.
  • Use of Images: Withers Co. may use the images for promotional purposes unless the Clients provide written notice to opt out.
  • Liability: Withers Co. is not liable for unforeseen issues such as equipment failure or travel disruptions, and their liability is limited to a refund of amounts paid (less incurred costs).
  • Governing Law: The contract is governed by the laws of Tasmania.

By completing the booking form and paying the booking fee, the Clients confirm their acceptance of these terms and agree to the conditions set forth.

Service Contract

Parties
This Service Contract (“Contract”) is made between the Clients identified in the associated Tax Invoice (“Clients”) and Withers XYZ Pty Ltd as trustee for The Snow Withers Trust, trading as Withers Co. (“Withers Co.”). For the purposes of this Contract, Withers Co. provides professional photography services within the state of Tasmania. Brittany Withers (“Brittany”) is engaged by Withers Co. as an employee to perform Photography Services as defined below.

1. Definitions

1.1 Consumer: A consumer as defined in section 3 of the Australian Consumer Law.

1.2 Clients: The person(s) detailed in the Tax Invoice or any attached schedule, and any individual or entity acting on their behalf with their authority.

1.3 Contract: This Service Contract, including these Terms and Conditions and any incorporated schedules or attachments.

1.4 Booking Fee: The booking fee amount specified on the Tax Invoice.

1.5 Withers Co.: Withers XYZ Pty Ltd as trustee for The Snow Withers Trust, trading as Withers Co., including its employees, agents, and contractors (including Brittany).

1.6 Photography Services: The photography session(s) and any related services specified in the Tax Invoice. These may include photographing families, couples, births, and/or babies, as requested by the Clients.

1.7 Price: The total cost of the Photography Services as stated on the Tax Invoice.

1.8 Tax Invoice: The tax invoice provided by Withers Co. to the Clients, detailing the Photography Services and associated costs.

2. Acceptance

2.1 Any instruction (verbal or written) from the Clients to proceed with the Photography Services, coupled with the payment of the booking fee, constitutes acceptance of these Terms and Conditions.

2.2 Where more than one Client is named, each shall be jointly and severally liable for all payments of the Price. Upon acceptance, these Terms and Conditions become irrevocable except as otherwise agreed in writing by Withers Co.

3. Services

3.1 Withers Co. will supply the agreed Photography Services on the session date(s) and at the location(s) specified in the Tax Invoice (“Session Date”).

3.2 The Clients acknowledge that the scope of Photography Services, including session duration and location(s), will be as agreed prior to the Session Date.

3.3 If, for reasons beyond Withers Co.’s control (e.g. illness, injury, travel disruption), Brittany or another photographer engaged by Withers Co. cannot attend the Session Date, Withers Co. will notify the Clients as soon as practicable. Withers Co. will make reasonable efforts to arrange an alternative photographer or reschedule. If no suitable alternative or reschedule is possible, all monies paid (except those covering services already performed) will be refunded to the Clients.

4. Photography Services

4.1 Exclusivity: Unless otherwise agreed, the Clients agree not to engage another professional photographer for the same Session Date and time.

4.2 Creative Direction:

  • The Clients may communicate particular requests prior to the Session Date.
  • The Clients acknowledge that the final composition, editing style, and overall creative direction remain at the sole discretion of Withers Co. (including Brittany).

4.3 Equipment:

  • Equipment is maintained and backups may be available. However, Withers Co. is not liable for missed images or material due to unforeseen technical failures.

4.4 Editing and Delivery:

  • Withers Co. will edit the photographs and deliver the final edited images to the Clients within ninety (90) days of the Session Date, unless otherwise agreed in writing.
  • Final edited images will be delivered via digital download, or on a USB drive if specified in the Tax Invoice or agreed in writing.
  • Photographs will be edited to a professional standard as deemed appropriate by Withers Co.
  • If the Clients request further edits beyond standard professional editing, such additional work will be charged at $250.00 per hour plus GST. Payment for additional edits must be made before the further edited images are released.

4.5 Ownership and Raw Files:

  • All digital negatives, raw files, and original materials remain the property of Withers Co.
  • Withers Co. is under no obligation to provide raw or unedited material to the Clients.

4.6 Use and Promotion:

  • The Clients acknowledge that Withers Co. may use images from their session for promotional purposes, including on websites, social media, advertising, and print materials, unless the Clients provide written notice requesting non-use prior to the Session Date.

4.7 Copyright:

  • All copyright and associated intellectual property rights in the images remain with Withers Co.
  • The Clients are granted a non-exclusive licence to use the images for personal, non-commercial purposes.
  • The Clients must not sell, publish, or use the images for commercial purposes without prior written consent from Withers Co.

5. Payment Terms

5.1 Price: The Price is indicated on the Tax Invoice.

5.2 Variations: Any change to the scope of Photography Services after the Contract is agreed may incur additional fees, which will appear as variations on the Tax Invoice.

5.3 Booking Fee:

  • The fee is payable upon accepting this Contract.
  • The fee is non-refundable unless Withers Co. cancels the Contract for reasons beyond the Clients’ control.

5.4 Secure Booking:

  • The booking is not secured until the booking fee is received in full and this Contract is accepted via the booking form and returned to Withers Co.

5.5 Balance Payment:

  • The remaining balance (including any variations) must be paid by the date specified on the Tax Invoice.
  • Generally, this will be no later than two (2) calendar months prior to the Session Date.
  • If any further payment is not received by the due date, Withers Co. may cancel the Contract and retain the booking fee and any other monies paid.

6. Changes to Session Details

6.1 Changes with Notice:

  • If the Clients propose changes to the Session Date, time, or location, they must notify Withers Co. in writing as soon as possible.
  • Withers Co. will make reasonable efforts to accommodate changes.
  • If changes conflict with prior commitments, Withers Co. may cancel the Contract and retain the booking fee.
  • If cancellation occurs within six (6) months of the Session Date due to changes, any monies paid may be forfeited or become immediately payable, as per the details set out in the Contract or Tax Invoice.

6.2 Last-Minute Changes:

  • If the Session location must change at short notice (e.g. due to weather), the Clients must inform Withers Co. by telephone as soon as possible.
  • Withers Co. is not responsible for any delays arising from last-minute changes.

7. Clients’ Obligations

7.1 The Clients agree to provide accurate and timely information about the Session Date, location(s), participants, and any special requirements.

7.2 The Clients must ensure all participants are informed of timings and comply with any reasonable directions given by Withers Co. or its representatives during the session.

8. Cancellation

8.1 Cancellation by the Clients:

  • The Clients may cancel this Contract at any time by providing written notice.
  • If the Clients cancel after the balance due date, the full Price remains payable, and any amounts paid may be retained by Withers Co. as outlined in the Tax Invoice and these Terms.
  • If cancellation occurs before the balance due date, the booking fee may be retained, and any other monies paid may be handled as per the terms in the Tax Invoice.

8.2 Cancellation by Withers Co.:

  • If Withers Co. cancels the Contract for reasons not covered by other clauses, all monies paid (including the booking fee) will be refunded.
  • Withers Co. shall not be liable for any loss or damage arising from such cancellation.

9. Release and Indemnity

9.1 The Clients and their invitees participate in any session activities at their own risk.

9.2 The Clients release and indemnify Withers Co. against any claims for personal injury, property damage, or financial loss related to the delivery of the Photography Services.

9.3 If unforeseen obstacles occur (e.g. travel disruptions, equipment failure) and Withers Co. cannot attend the Session Date, Withers Co.’s liability is limited to a refund of monies paid (less costs already incurred).

10. Warranty

10.1 If the Clients are Consumers, then the Photography Services come with non-excludable guarantees under the Australian Consumer Law.

10.2 No other warranties or guarantees apply unless provided in writing by Withers Co.

11. Governing Law

11.1 This Contract is governed by the laws of Tasmania, Australia.

11.2 The parties submit to the non-exclusive jurisdiction of the courts of Tasmania for any disputes arising under or in connection with this Contract.

The Clients accept this Service Contract with completion of the booking form and payment of the booking fee, indicating full acceptance of these Terms and Conditions.