TERMS & CONDITIONS
Please have a read at some of our small print. Our aim is to provide transparency throughout our services and we’re just one phone call or email away from any query.
Our Terms and Conditions might be amended on this website at any time. If so, you will be bound by them effective immediately and violating any of these will terminate your access or use of this website.
This website and all its content is property of Vanessa Torres Macho Photography, unless stated otherwise. Uploading, copying, reproducing, framing, republishing, distributing or modifying any of the material in it is strictly prohibited
Underwater Photography Sessions
- Definitions
1.1 The ‘Photographer’, ‘Us’, ‘We’ refers to Vanessa Torres Macho Photography.
1.2 The ‘Client’ refers to ‘Your’, ‘You’ the individual or organisation who hires the photographer from Vanessa Torres Macho Photography on a freelance basis.
1.3 ‘Image’ and ‘Photographs’ refer to all photographic production by Vanessa Torres Macho Photography.
These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
All pricing is in Australian Dollars (AUD) and includes 10% GST. Vanessa Torres Macho Photography reserves the right to change the pricing without notice and at our discretion.
- COPYRIGHT
2.1 The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
- DISPLAY
3.1 The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums unless stated otherwise at the time of booking
- Payment for Underwater Photoshoot Sessions
4.1 A non-refundable booking fee of $150 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
4.2 Payment in full of the remaining balance will be due two weeks before the underwater photoshoot day.
4.3 Additional goods ordered must be paid for in full at the time of ordering.
4.4 Titles to all goods remains with the photographer until paid for in full by the client(s)
- Cancellations of Underwater Photoshoot Sessions
We will strive to manage cancellations in the most fair way, please do understand that we are a small business and rescheduling or cancellation without notice will have a high impact on our workflow.
- Cancellations with more than 7 days before the photoshoot will be able to reschedule another date or choose a full refund.
- Cancellations made within 7 days or less before the photoshoot will be able to reschedule another date ($100 admin fee applies) or have a 50% refund.
- Unfortunately no-shows, late arrivals on the photoshoot date will not be eligible for a refund, these could include but are not limited to: change of mind, illness, traffic, unforeseen circumstances, weather, etc
- In the very unlikely event of cancellation by the photographer or of total photographic failure the client will be able to reschedule or receive a refund for that particular photoshoot.
- Any credit granted by Vanessa Torres Macho Photography will be granted at their discretion and can be withdrawn or varied by Vanessa Torres Macho Photography at any time.
- All cancellations must be in writing.
- DIGITAL NEGATIVE FILES
6.1 All digital negatives (computer files) remain the property of the photographer. All digital underwater packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
iii. Vanessa Torres Macho Photography is not liable to provide every image taken at the underwater photography session. The determination of images delivered to the Client is left to the discretion of the Vanessa Torres MachoPhotography.
iv. Vanessa Torres Macho Photography will maintain backup copies of the images in archives for a period of 1 year at which time the client may request all original JPEG digital files by USB at an additional cost of $100 including postage and packaging.
- ON THE DAY
7.1 The photographer will be the sole professional (still) photographer at the agreed underwater photoshoot.
7.2 The photographer may have an assistant in attendance to help setup lights and equipment.
7.3 The Photographer(s) may use their personal mobile phones to take photos and videos on the day of your event, this is to promote the work of MAKSAM Photography onto social media in real-time.
7.4 Any additional services demanded from the Photographer(s) by you is chargeable at the Photographer(s) discretion.
7.5 The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests.
7.6 The Client agrees that this entire event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot, and limits the Photographer’s liability to refund the full amount paid under this agreement.
- PERSONAL ACCIDENT
8.1 Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
- DELIVERY
9.1 The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.
9.2 The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer(s).
9.3 Vanessa Torres Macho Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB / CD / DVD that is supplied to Third Party Printers from High Street or online photo processing shops.