terms + conditions
Please make sure you familiarise yourself with my standard terms and conditions before enquiring.
The Photographer will provide photographic services for the time specified in the quote/invoice on the day of the session, barring unforeseen circumstances. The Photographer is not responsible if the Client and/or key individuals fail to appear, do not arrive on time, or fail to cooperate during the session, or for missed images due to details not revealed to, or beyond the control of the Photographer. The Client acknowledges the importance of arriving on time, or preferably slightly early to their session. Late arrival may negatively effect the session duration, the quality of the light during the shoot, and the number of images the Photographer is able to deliver to the Client. While every effort will be made by the Photographer to capture as many client requests as possible, Client acknowledges that a lifestyle portrait session is an unpredictable event, and as such the Photographer cannot guarantee delivery of any specific requested image(s).
retouching of images
The Photographer will, at her discretion, perform basic post-production retouching to the final, selected images from the Client's session. This may includes colour-correction, sharpening, basic skin retouching to remove blemishes, exposure correction and so on. More detailed editing, such as the removal of large objects, head swaps and other compositing, changing the colour of objects and so on, will be invoiced separately to the Client.
occupational health and safety
If the health and safety of the Photographer or anyone associated with her is threatened or at risk, the Photographer will, at her own discretion, cancel the session. This includes, but is not limited to, sexual harassment, harassment of any kind, threatening behaviour, and threats to damage the Photographer's equipment.
Client understands that by entering into this agreement, the Photographer is forgoing other photographic work. In the event of a cancellation or postponement of the session by the Client less than seven days prior to the agreed date for the session, the retainer paid is non-refundable. The retainer is transferable to another mutually agreeable date if rescheduled more than seven days prior to the agreed date for the session. In the event that the Client does not want to or can not reschedule the session, the retainer will not be refunded. If the Photographer is unable to carry out her duties due to serious illness or emergency, the Client may choose between rescheduling the session, or the return of all monies paid, including the retainer. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of images to the artistic standards of the Photographer, the Photographer may suggest an alternate location or cancel the session. In this case, the Client may again choose between rescheduling the session, or the return of all monies paid, including the retainer.
In accordance with Australian copyright law, copyright is assigned to the Photographer. The Client is granted a non-exclusive, perpetual licence use the images for the purpose for which they were photographed. The Client may not use the images in a way that results in financial gain, including but not limited to advertising, stock photography, print sales, or resale of any nature. The Client must not edit images in Photoshop or any other image editing software. The Client acknowledges that the photographer cannot guarantee the quality or colour of prints or products that the Client has not ordered through the Photographer. The Photographer may use images from this session in her online portfolio, including but not limited to posting the images to her website and social media accounts. The Photographer will seek the permission of the Client to use the images in any way that is outside the normal practice of promoting her business.
Where possible and appropriate, please ensure that the Photographer is properly attributed when using these images on social media, websites, blogs, and traditional media.
Third party use
Third party use of images must be approved by the photographer prior to use.
limit of liability
The Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital files and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond the Photographer's control, the Photographer's liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
Client acknowledges that they are familiar with the Photographer's portfolio and is requesting services with knowledge of the Photographer's style. The Client further acknowledges that the Photographer's work is constantly evolving, that photography is unique and artistic in nature, that the images from this session may be different from the images taken by the Photographer in the past, and that in creating the images, the Photographer shall use her personal artistic judgement to create images consistent with her personal vision of the session, which may be different from the Client's vision. Accordingly, the Client acknowledges that the images shall not be subject to rejection on the basis of taste or aesthetic criteria.
The photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the Images or any other use by the Client. The Client shall indemnify Breeana Dunbar against any claims and/or damages against her including reasonable counsel fees arising from the Client’s use of the Images and the Photographer’s use of the materials on the instructions of the Client.
The Photographer will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence for the purposes of photography except as may be reasonably necessary to carry out the work.
Archiving of Images
The Photographer will attempt to archive all completed images for a period of two years post-shoot, and make them available upon request during that period.