0466449953hello@extramomentsmarketing.com

Terms and Conditions

Effective Date: 1 January 2025
Business Name: Extra Moments
ABN: 60 754 298 150
Business Address: Sydney, NSW, Australia
Email Address: hello@extramoments.com.au
Phone Number: +61 0466 449 953

These Terms and Conditions (“Terms”) govern the services provided by Extra Moments (“we,” “us,” or “our”) to you as a client (“you,” “your”) for photography sessions and related services. By booking a session with Extra Moments, you acknowledge and agree to abide by these Terms.

1. Booking and Payment
1.1 A non-refundable retainer fee is required to secure your booking. This ensures your session date and time are reserved and will be deducted from the total session cost.
1.2 The remaining balance is due by the day of the session. Sessions will not proceed without full payment.
1.3 Payments can be made via bank transfer, credit/debit card, or online payment gateway. Late payments may incur additional fees.
1.4 All pricing is in AUD. GST will be added where not expressly included.
1.5 Promotional or seasonal offers cannot be combined unless specified.
1.6 The session fee is non-refundable should you cancel, but is transferable to another date with at least 7 days’ notice.

2. Cancellation and Rescheduling
2.1 Cancellations must be in writing via email. Retainers are non-refundable.
2.2 One reschedule is permitted free of charge with at least 48 hours’ notice. Additional reschedules or short-notice requests may incur a fee.
2.3 Cancellations within 48 hours or no-shows result in forfeiture of the full session fee.
2.4 If Extra Moments Photography must cancel due to illness, emergency, weather, or technical failure, a new date will be offered.
2.5 As most sessions book out in advance, reschedules impact both our business and other clients. A reschedule fee may apply.

3. Client Responsibilities
3.1 Arrive on time and prepared. Late arrivals may reduce session time.
3.2 Supervise children and pets at all times.
3.3 Discuss any style or shot preferences prior to your session. While we aim to accommodate, no specific image is guaranteed.
3.4 Obtain necessary permissions for chosen locations.
3.5 Extra Moments Photography is not liable for limitations posed by lighting, venue rules, or weather.
3.6 Review and approve session plans in advance to ensure alignment.

4. Image Delivery and Usage
4.1 Preview galleries are low-res and watermarked. These are for viewing and selection purposes only. Screen capturing, downloading, or altering preview images without written permission is considered theft and may result in legal action.
4.2 Preview images are hosted for a limited period of 1 month.
4.3 Final images will include a discreet watermark unless otherwise agreed in writing.
4.4 Final galleries are delivered within 2–3 weeks unless otherwise advised.
4.5 Images are delivered via online gallery. Galleries remain available for 3 months; a re-upload fee applies after this period.
4.6 Only final, edited JPEGs are delivered. RAW files are not provided.
4.7 Extra Moments Photography retains copyright and moral rights under the Australian Copyright Act 1968.
4.8 Extra Moments Photography may showcase selected images for marketing and promotional use unless a written opt-out is provided at booking.
4.9 We do not offer refunds for subjective dissatisfaction. If an incorrect image is delivered, we will promptly resend the correct one at no charge.

5. Personal-Use License
5.1 Clients are granted a non-exclusive, non-transferable, perpetual license for personal use upon delivery of final images.
5.2 Clients may:

  • Display images on personal social media.

  • Make unlimited personal prints of high-resolution images

5.3 Clients may not:

  • Resell, license, sub-license, or redistribute images.

  • Use images for commercial, advertising, or editorial purposes without written permission.

  • Incorporate images into trademarks, logos, or service marks.

  • Make images publicly available for download.

  • Modify images in any way, including adding filters, overlays, cropping (except forced cropping on Facebook), or adding text.

  • Enter images into photography competitions.

  • Use images in a defamatory, obscene, illegal, or immoral manner.

  • Screen capture or save images from preview galleries, websites, or social media without written consent.

5.4 Any unauthorised use, modification, or reproduction of images constitutes copyright infringement and may be subject to legal prosecution.

6. Personal Appearance
6.1 Clients are responsible for personal presentation, including hair, makeup, wardrobe, and accessories.
6.2 The photographer does not alter personal features or match the style of other photographers.
6.3 Clients acknowledge all images will be styled and edited according to Extra Moments Photography’s artistic vision.
6.4 Please review our portfolio to ensure our style aligns with your preferences prior to booking.
6.5 The client affirms legal guardianship of any children under 18 photographed and consents to their participation. This applies to all individuals appearing in session images.

7. Refunds and Satisfaction Policy
7.1 Due to the custom nature of photography, payments are final once your session is complete.
7.2 If a disruption occurs (e.g., tech failure), we will offer a reschedule or a suitable resolution.
7.3 We are committed to a smooth, collaborative experience and welcome open communication before and after your session.

8. Liability and Safety
8.1 We are not responsible for injuries, lost items, or damage during a session.
8.2 Clients are responsible for safe conduct and supervision.
8.3 Public liability insurance is in place. Proof available on request.

9. Force Majeure
9.1 We are not liable for service delays or failure due to events beyond our control, including but not limited to natural disasters, pandemics, strikes, or transport disruptions.
9.2 Sessions will be rescheduled at a mutually agreed time in such cases.

10. Governing Law
10.1 These Terms are governed by the laws of New South Wales, Australia.
10.2 Any disputes will be subject to the jurisdiction of the courts of NSW.
10.3 These Terms align with the Australian Consumer Law (ACL).
10.4 If any clause is found to be unenforceable, the remaining provisions remain in effect.