Terms and Conditions
1. Engagement of Photographer
The Client hires Bankzy Photography ("Photographer") to provide photography services as agreed. The Photographer will capture and deliver professionally edited images ("Work Product") based on the agreed scope of work.
The Photographer will be the sole provider of photography services for the event unless the Client informs otherwise in advance.
2. Fees and Payment
The total service fee will be detailed in an invoice provided upon booking.
A non-refundable deposit is required to secure and confirm the booking date.
The booking date will not be held or confirmed until the deposit has been received.
Any enquiry or verbal confirmation without deposit payment does not constitute a confirmed booking.
Full payment must be made before the photoshoot.
Any extra hours beyond the agreed time will be billed separately and must be paid before receiving the final images.
Late payments may incur an additional fee.
3. Client Responsibilities
The Client must obtain permission from the location owner or relevant authority before the photoshoot.
If the photoshoot location is outside the standard service area, additional travel costs may apply. These costs will be communicated in advance.
The Client acknowledges that the Photographer is not responsible for any location-related issues.
The Client waives any claims against the Photographer regarding the use of images.
4. Photographer Responsibilities
The Photographer will perform services professionally, using high-quality equipment and ensuring the best possible results.
While the Photographer will consider the Client’s preferences, the final artistic direction of the photoshoot remains at the Photographer’s discretion.
5. Cancellation and Rescheduling
The Client may cancel or reschedule with at least 15 days’ notice. Deposits are non-refundable.
If an outdoor shoot is affected by weather conditions, the Photographer will consult with the Client about rescheduling.
If the Client reschedules and the Photographer is unavailable on the new date, the deposit will not be refunded. However, the Photographer will try to find an alternative date or proceed with the original schedule if possible.
If the Photographer is unable to perform the service due to unforeseen circumstances, a replacement will be arranged, or the contract will be canceled with a deposit refund.
6. Ownership of Work Product
All images remain the property of the Photographer. The Client receives a limited license to use the images for personal and business promotion, including websites and social media. Reselling or transferring the images to third parties for commercial use is not permitted.
7. Image Usage & Privacy Requests
7.1 Standard Usage
Unless otherwise requested in writing, the Photographer retains the right to use the images from the session for portfolio, website, social media, promotional materials, and general marketing purposes, without the need to notify the Client in advance.
7.2 Client Privacy Request
If the Client requires full privacy (meaning the images cannot be used or shared in any form for marketing or promotional purposes), the Client must notify the Photographer before the date of the session.
7.3 Non-Publication / Privacy Fee
A Non-Publication Fee applies when the Client requests complete privacy.
This fee compensates for the marketing value normally derived from showcasing the images.
The Privacy Fee is 20% of the total booking price or AUD $150 (whichever is higher).
7.4 Selective Privacy
If the Client wishes to restrict only specific images (e.g., children, sensitive moments, or private family members), the Client must indicate which images are restricted.
No additional fee applies for reasonable selective restrictions.
7.5 Corporate / NDA Requirements
If the Client requires a formal NDA (Non-Disclosure Agreement), this must be provided before the session. Additional charges may apply depending on the scope of the restrictions.
7.6 Respect & Discretion
The Photographer will always use images respectfully and will never share content that may be considered sensitive, inappropriate, or unprofessional.
8. Liability and Indemnity
The Client agrees to indemnify the Photographer against any claims related to the services. The Photographer's liability is limited to the total amount paid for the services.
9. Responsibility for Equipment and Property
If any damage is caused to the Photographer’s equipment or property during the session by the Client or any of their guests, the Client will be responsible for the cost of repair or replacement.
10. Delivery of Work
- Images will be delivered within 30 days via an online gallery.
- The online gallery will remain active for at least 30 days.
- If the Client requests to have the images re-uploaded after the gallery expires a service fee will apply. However, the Photographer cannot guarantee availability of the images after the gallery has expired.
- Only final edited images will be delivered. RAW files are not included in the service.
11. General Terms
Any modifications to this agreement must be made in writing. This agreement is governed by the laws of Australia.
11.1 The Photographer may update these Terms and Conditions from time to time.
However, any changes will not affect bookings that have already been confirmed.
The version of the Terms and Conditions in effect at the time of the Client’s booking will apply to that booking.
12. Acceptance of Terms
By paying the deposit, the Client agrees to these Terms and Conditions. No additional signature is required.