TERMS & CONDITIONS

Last updated: 9 June 2025

 

Welcome to Southern Exposure Photography. By booking a session with us or using our services, you agree to the following terms and conditions. Please take a moment to read them carefully.

1. Business Details

Southern Exposure Photography is a sole trader business operating in New South Wales under ABN 70768611430. We provide professional photography services by appointment only. You can reach us at:

2. Services Offered

We specialise in family portraiture and offer a variety of packages, including promotional offers that may include 1–2 complimentary digital images. Additional high-resolution digital images are available for purchase at the time of your post-shoot viewing.

We also provide custom quotes and services on request. Please contact us directly to discuss your needs.

3. Booking & Cancellations

  • Bookings: Can be made via our website contact form, phone, or email.

  • Deposits: We do not require a deposit at the time of booking.

  • Rescheduling: Clients may reschedule their session with at least 72 hours’ notice with no penalty.

  • Cancellations: We understand that life happens. Cancellations due to genuine reasons such as illness are accepted without penalty.

  • No Shows: At this time, we do not enforce a no-show fee.

4. Payments

  • Payment Methods: We accept payment via EFT (bank transfer), Visa, Mastercard, and cash.

  • Payment Terms: Full payment is due at the time of image viewing, unless a prior arrangement has been agreed upon.

  • Image Release: Final images will only be provided once full payment is received.

5. Image Delivery & Edits

  • Viewing Timeline: Your post-shoot viewing will be scheduled approximately 7–14 days after the initial photo session.

  • Delivery: Images are delivered via USB or Google Drive/email after full payment has been received.

  • Editing: All images shown to you are fully edited. Minor touch-up requests will be honoured at no extra cost.

  • Copyright & Usage: Upon purchase, clients receive full copyright and may use the images as they wish. We do not retain any rights to the images.

  • Promotional Use: With your written consent, we may use selected images for marketing purposes (e.g., social media, website).

  • File Retention: Please note that Southern Exposure Photography does not guarantee to retain any images after your initial viewing session. We recommend clients make backups of their selected images upon delivery.

6. Viewing & Purchasing

After your session, you’ll be invited to view the final edited images. At this session, you’ll be able to:

  • Select your complimentary digital images (if applicable to a special offer)

  • Purchase additional digital images

  • Order prints, canvases, or other presentation products (optional; no minimum order)

7. Satisfaction Guarantee

We stand behind the quality of our work. If you’re not happy with your final portraits, we will gladly reshoot them at no additional cost. If you’re still not satisfied, we will provide a full refund of your payment. Your satisfaction is our top priority.

8. Privacy Policy

We collect and store client information such as names, email addresses, and phone numbers solely for communication and service delivery purposes. We do not share your data with third parties.

Written consent will always be obtained before using any client images in promotional materials.

Read our full Privacy Policy Here.

9. Liability & Force Majeure

We take every reasonable precaution to ensure your safety and the quality of your images. However, Southern Exposure Photography is not liable for:

  • Any injuries sustained during a session

  • Delays or issues arising from circumstances beyond our control (e.g. extreme weather, illness, equipment failure)

In the event of such circumstances, we will work with you to reschedule where appropriate.

10. Model Release

a. Grant of Rights. The Model (on behalf of themselves and any minor children listed) grants the Photographer and its heirs, legal representatives, licensees and assigns the unrestricted right and permission to use the Images for any purpose whatsoever in connection with the Photographer’s business, including but not limited to advertising, promotion, marketing, portfolio, editorial use, and trade. These rights include the right to edit, alter, crop, composite, or retouch the Images at the Photographer’s discretion, and to use the Images alone or together with other images, graphics, or text. The Photographer may also, at its discretion, use any name or pseudonym in connection with the Images (for example, using the Model’s first name or family name in a caption or testimonial) if deemed appropriate. The Model waives any right to inspect or approve the final images, edits, or any accompanying copy or printed material. This grant of rights is perpetual and worldwide, and irrevocable – it will not expire and cannot be rescinded by the Model after signing.

b. Ownership and Copyright. The Model acknowledges that the Photographer is the creator of the Images and will be the copyright owner of all Images produced, except as otherwise agreed in writing. If by operation of law the Model (or client) would be considered the first owner of copyright (for example, in certain private commissions), the Model hereby assigns all such rights to the Photographer. The Model agrees that they have no ownership, copyright, or intellectual property interest in the Images and will not reproduce or use the Images for commercial purposes without the Photographer’s prior written consent. The Photographer retains the right to register copyright in the Images in the Photographer’s name or any name it may choose.

c. Usage of Images. The Model understands and agrees that the Images may be used by the Photographer in multiple forms of media, including but not limited to:

  • Social Media: Posts on platforms such as Facebook, Instagram, Twitter, and similar outlets for promotional or advertising purposes.

  • Website and Online Portfolio: Display on the Photographer’s website, online gallery, blog, and other internet publications showcasing the Photographer’s work or services.

  • Print Media: Inclusion in physical marketing materials like brochures, flyers, studio samples, portfolios, printed advertisements, and gallery displays.

  • Advertising Campaigns: Use in paid or unpaid advertisements, including online ads, magazine ads, banners, and other promotional campaigns for Southern Exposure Photography.

These uses are granted without further permission from or notice to the Model. The Model also agrees that the Images may be combined with other images, text, graphics, or film footage; cropped, altered, or modified; and that imagery of the Model may be used as part of a composite or distorted in character or form, as long as it is not intentionally misleading or defamatory. The Photographer warrants that Images will not be used in any pornographic, obscene, or knowingly unlawful manner (i.e. the use will be tasteful and only in service of the Photographer’s legitimate business promotion).

d. No Compensation. The Model acknowledges that no payments, royalties, or further compensation will be owed in connection with the use of the Images as permitted by this release. Any value or benefit (consideration) for this agreement – such as the opportunity to participate in the photoshoot, or any agreed-upon exchange – is hereby acknowledged as received. The Model waives any right to payment for the use of the Images now and in the future. In the event that the Photographer, in its sole discretion, decides to offer a monetary payment for a specific use of the Images, such compensation will be addressed in a separate agreement; however, the default understanding is that no compensation is provided for uses under this Model Release.

e. Release of Claims. The Model (and parent/guardian, if applicable) hereby releases, discharges, and agrees to hold harmless the Photographer and its agents, representatives, licensees, and assigns from any and all claims, demands, or causes of action that the Model or their heirs, executors, or assigns may have now or in the future by reason of this authorisation. This includes but is not limited to any claims for defamation, libel, invasion of privacy, breach of confidence, or infringement of personality/publicity rights in connection with the permitted use of the Images. The Model understands that once Images are published or used, they may be visible to the public, and waives any right to seek injunctive relief or other remedies to halt the use of the Images, provided such use is within the scope of this agreement. The Model also releases the Photographer from any liability for any blurring, distortion, alteration, optical illusion, or use in composite form that may occur or be produced in taking, processing, reducing or producing the Images, as well as any publication of the Images.

f. Minors and Representation. If any person photographed is a minor (under 18 years of age), a parent or legal guardian must sign this release on the minor’s behalf. By signing, the parent/guardian represents and warrants that they are the legal guardian of the minor and have full legal capacity to authorise the foregoing release on the minor’s behalf. All references to the “Model” in this agreement include the minor child(ren) listed on the form, and the parent/guardian signing for such minors. The parent/guardian agrees to indemnify and hold harmless the Photographer from any future claims by or on behalf of the minor relating to this agreement, should any arise.

g. Privacy and Personal Information. The personal information collected in this form (such as names, addresses, contact details, and signatures) is collected for the purpose of maintaining a record of the Model’s consent and for contacting the Model regarding the Images or this agreement. The Photographer will handle this information in compliance with the Privacy Act 1988 (Cth) and applicable Australian privacy laws. The Model’s personal information will not be shared with unauthorised third parties, and will be stored securely. The Model can request access to or correction of their personal information by contacting the Photographer. For more details, please refer to the Photographer’s Privacy Policy (available upon request or at our website). (This privacy notice is provided in accordance with Australian privacy requirements.)

h. Term and Revocability. This release is effective as of the date signed and will remain in effect indefinitely (perpetual). The rights granted to the Photographer do not expire and are irrevocable, meaning the Model cannot later withdraw consent or seek to restrict the permitted uses of the Images, except by mutual agreement in writing. The Model understands that once an image is published or used, it may be difficult or impossible to retract from circulation. However, if the Model has serious concerns in the future, they may contact the Photographer to discuss possible solutions; any accommodation will be at the Photographer’s discretion (without obligation).

i. Governing Law and Jurisdiction. This agreement shall be governed by and construed in accordance with the laws of New South Wales (NSW), Australia. The parties agree that any dispute arising under or relating to this release shall be subject to the exclusive jurisdiction of the courts of New South Wales. The Model also acknowledges that this agreement is intended to be compliant with Australian law, and that obtaining this written consent is a best practice to ensure privacy and publicity rights are respected.

j. Miscellaneous. This Model Release constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any prior understandings or agreements on that subject. No oral representations or promises are binding; all modifications must be in writing and signed by both the Model (or parent/guardian) and the Photographer. If any part of this agreement is found to be invalid or unenforceable by a court of law, that provision shall be severed and the remainder of the agreement shall continue in full force and effect. The Model agrees that a faxed, emailed, or electronic copy of this release, including electronic signatures if applicable, shall be as valid and binding as an original hard copy. The headings in this agreement are for convenience only and do not affect the interpretation of the clauses.

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We offer photography services across the Sutherland Shire and surrounding areas.

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