Terms & Conditions
Terms & Conditions
Deliverables: Winni & Mini Photography undertakes to use the necessary skill, creativity and technical knowledge required to achieve the desired images, complete all post-production and deliver a gallery to the client as outlined under PACKAGE DETAILS and DETAILS OF SPECIAL REQUIREMENTS, within 30 days of the Date of Event / Session for all Maternity, Newborn and Family Portrait sessions. Packages with Albums and prints can take longer. Final images will be provided in JPEG format to the highest possible quality capacity. Galleries are viewed the same day after your studio session in person or within a 5 days from an outdoor session. Upgrade payments are required at that appointment and proof of payment supplied. Raw Files are not provided to clients as part of any service. The process involves selecting the best photographs from our session, purchasing those in a digital collection package, enhancing them with careful attention to detail, and optimising them for print and digital use. The final edited images are the result of professional expertise and are intended to provide the highest quality results. The inclusions of your package purchased are listed in the pricing for complete transparency. https://www.winnimini.com.au/pricing-urls/
Cancellation Policy – Strictly no refunds will apply to cancelled sessions. 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 100% of the session fee. In addition to the cancellation fee, the Client will be charged for any expenses incurred by Photographer between the confirmation of the booking and the cancellation by the Client. If you fail to notify the photographer within 7 days for rescheduling or you have to leave the photo session already in progress, you will be required to pay an additional full price session fee to secure a new date.
If you need to reschedule for reasons of sickness, the price quoted at the time of booking will be honoured for 3 months only. After this time any pricing increase will be applicable. If you need to cancel your session before 7 days from your session and do not book in a future date, you will have a credit for funds paid, however any price changes will apply immediately.
Late Arrival to the Photo Session – Should the client arrive to the shoot later than the scheduled time, the time will be taken off of the photography session. It is also the clients responsibly to ensure they, the model and/or any products required for the shoot are all at the shoot locations on time.
Postponement – In the case of a weather event including but not limited to overcast weather, rain or heavy storms, Winni & Mini Photography expressly reserve the right to reschedule any shoot taking place outdoors, in studio or at a private residence should we feel this will interfere with the final outcome of images. The shoot will be rescheduled to the next available date. Best attempts will be made by both Photographer and Client to reschedule to a mutually agreeable time. Winni & Mini Photography is not responsible for any fees incurred by the client in this situation including but not limited to props, perishables (including food, flowers, greenery, hair & makeup etc), travel expenses, loss of income or missed deadlines (including the delay of images being delivered).
Debit Collection of unpaid orders. You understand you will be liable and shall pay Winni & Mini Photography Pty Ltd for all costs incurred, including costs for which Winni & Mini Photography may be contingently liable) in any attempt to collect any monies owed by you to Winni & Mini Photography under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
Printed Items – Full payment is required for amounts relating to print orders. 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 24hours 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. Winni & Mini Photography take all reasonable precautions to safeguard the property (e.g. products) the client entrusts to us. However, in the absence of negligence on our part, we are, to the fullest extent of the law, not responsible for loss, destruction or damage of such property. All property (e.g. products) can either be picked up or delivered to the client across Australia using our preferred courier service. The client is responsible for all costs involved in the delivery and return delivery of all items. Print orders are binding in nature once accepted by the Photographer and any variations to print orders will be subject to additional charges.
Photographic Style – 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. Winni & Mini Photography offers a specific style and all images provided to the client will be in line with the style and brand presented by Winni & Mini Photography.
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.
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.
Image Delivery – All final high-resolution jpeg images will be delivered to the client via an online gallery. A link to this gallery will be emailed to the client and it is the responsibility of the client to ensure they access and download their own images within the timeframe outlined in the delivery email.
Image Retention – The Photographer has no obligation to retain or archive any of the Images after they have been delivered to Client. If the client requests images to be resent, an hourly fee will be charged for recovery and administration costs in doing so. Images will be provided if they are still in the possession of the photographer.
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.
Website Terms & Conditions – Winni & Mini 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 Winni & Mini Photography.The information on this website is provided for general information only. Winni & Mini 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, Winni & Mini 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.
If any promotions arise where we are offering a discounted rate, this shall not apply to current booked sessions, or sessions that have been prepaid. Offers may not be used in conjunction with other offers. Offers are not redeemable for cash or products.
Clients that attend their photography session in a disorderly state, or show disrespect to Tanha Basile and her photography equipment will result in cancellation of the session immediately. No refund will be issued as per the cancellation terms.
Quotes are valid for 30 days and may be subject to change after the 30 days.
Strictly no refunds apply to session fees, vouchers or your order total, including prepayment of funds towards your session or package. Voucher credit not used will not be refunded to either gift receiver or gift giver. The full no refund policy applies to all clients of Winni & Mini Photography. Orders entered into are strictly final, no revisions or changes may be made to your order upon leaving your ordering session, by making your payment of your order or signing this agreement you understand these terms. Cancelling digital/electronic payments after your ordering appointment will result in debt collection of funds not received, and additional cost involved charged by the debt collection agency. You understand you will be liable and shall pay Winni & Mini Photography Pty Ltd for all costs incurred, including costs for which Winni & Mini Photography may be contingently liable) in any attempt to collect any monies owed by you to Winni & Mini Photography under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
Booking Confirmation: A booking will only be confirmed once the client has paid a Session Fee and has signed this Photographic Services Agreement.
Payment Details: The Booking Fee is due upon Booking a date or session allocation. All packages require a non-refundable Booking deposit Fee. The required minimum spend for each package needs to be finalised 24 hours prior to the scheduled session. Any outstanding balance amount due for upgrades is payable as soon as gallery has been viewed and package is confirmed.
Cost Reimbursement: Upon presentation of payment receipts / proof of expense incurred, the client agrees to reimburse Winni & Mini Photography for any out of pocket expense incurred in fulfilling the required services. This includes but is not limited to travel, meals, parking and any other reasonable costs.
Cooperation: The client undertakes to provide the necessary assistance needed to achieve the desired shots. This is to include posing, specifying the required shots to be attempted and ensuring that photographic subjects are cooperative. Winni & Mini Photography will not be responsible for the inability to achieve the desired outcome and achieve the requested shots due to uncooperative or unruly behaviour on the part of any photographic subject or any other factor whatsoever outside the direct control of Winni & Mini Photography. In cases where photographic subjects are uncooperative and which results in the cancellation of the Session, the Deposit or Session Fee will not be refunded and will be retained by Winni & Mini Photography for professional services rendered. Sibling and family images in a newborn session are always attempted at the clients request and while the importance of capturing these shots is fully understood, capturing the newborn’s images during the session will remain the priority and only a reasonable amount of time (subject to the cooperation of the siblings and at the discretion of Winni & Mini Photography) will be allocated in attempting to capture sibling and family images. Therefore capturing such images cannot be guaranteed.
Exclusivity: In order for Winni & Mini Photography to complete the brief and provide the agreed services to the highest professional standard and without hindrance, the client agrees that Winni & Mini Photography will be retained on an exclusive basis for the Event /Session. Should any additional Photographers be required or requested, they will be engaged by agreement and under the direction of Winni & Mini Photography. Furthermore, the client agrees to indemnify Winni & Mini Photography of any responsibility and/or liability for failure to achieve the desired or requested shots due to obstruction or impediment by event guests, amateur photographers or any third party causing obstruction.
Property Rights: The client agrees that; all images provided to them (whether in digital or printed form) are provided with the clear understanding that they are for personal use only by the client. All creative and commercial rights are reserved and remain the property of Winni & Mini Photography. Permission will be granted to the client to publish, reproduce or otherwise utilise the images at the sole discretion of Winni & Mini Photography. Where permission is granted, the client will credit Winni & Mini Photography whenever an image is published through any public forum. The client also agrees that, all images can be used by Winni & Mini Photography and it’s agents or collaborators for any commercial purposes whatsoever including the promotion of the Winni & Mini Photography body of work and business through any means. Should this be of concern to client, it will need to be raised, discussed and an agreement reached at the time of booking. Please note that at times external editing services are used and privacy, while unlikely, can be compromised. In this case Winni & Mini Photography claims no responsibility.
Limited Liability: The Parties agree that both and/or either Party to this Agreement will not be held liable or responsible for failure to provide requirements or complete and likewise for Winni & Mini Photography to provide the agreed Deliverables or Services when the inability to do so is as a result of Force Majeure. Furthermore, Winni & Mini Photography will not be held responsible and will be dissolved of any liability for failure to provide Deliverables or Services due to any factor out of its direct control including but not limited to accident, illness, forced closure or equipment failure – including storage devices.
In such circumstances, Winni & Mini Photography will make reasonable effort to provide alternative professional photographic service where practical and possible. Nonetheless, liability for failure on the part of Winni & Mini Photography to provide the agreed Deliverables or Services under this clause shall be strictly limited to the refund of funds received as full and final settlement and the client explicitly agrees not to engage in any further action whatsoever.
Dispute Resolution: In the event of a dispute pertaining to this Agreement which cannot be resolved between the Parties, the Parties agree that they will undertake a mediation process and act in good faith to reach an amicable resolution. Any such dispute or difference arising out of, or in connection with this Agreement shall be submitted to mediation in accordance with, and subject to, the Mediation Rules of The Institute of Arbitrators & Mediators Australia.
Legal Jurisdiction: This Agreement is governed by the laws of Queensland, Australia and the Parties hereby submit to the jurisdiction of the Courts of that State.
Entire Agreement: This Photographic Service Agreement and the details contained herein, as well as the details and information provided on the Price List and Package Details, constitute the entire agreement between the parties. Any other discussions, impressions or understandings are not to be relied upon and are omitted unless they are specifically outlined within this Photographic Services Agreement and/or relevant Price List and Package Details. For complete pricing information please see this link >>https://www.winnimini.com.au/pricing-urls/
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