Terms & Conditions
This portrait agreement is put in place so that you (the Client) is aware of what a session held with By Mika Photography and Mika (the Photographer) entails, and to ensure that I am able to deliver on your expectations. Please read all information carefully. If you have any questions, please do not hesitate to contact me.
1. The mini session fee (or deposit) is to be paid upon booking to reserve your session date. The fee is non-refundable, but can be transferred to another date if notice is given at least 24 hours prior to the session. When paying the deposit, the remaining amount needs to be paid in full, a week before the session (via invoice send)
2. The session covers up to three children from the same family. $25 will be charged for each additional child. Cousins can book back to back sessions if you would like photos together, but cannot be combined into one single session.
3. If you or your child is unwell on the day of the shoot, please contact the Photographer as soon as possible so that the session can be rescheduled. Failure to notify will result in a forfeit of the session fee.
6. Photographing any specific moment is not guaranteed and the Photographer cannot be responsible for any missed moments. The Client may provide a list of suggested photos, but the Photographer is unable to guarantee that those photos or any specific image will be captured. It is expected that in booking By Mika Photography you have an understanding of the Photographer’s style. Whilst Mika is happy to take on board client requests, no commitment is made to create and present any specific image or variation in processing.
7. Use of any cameras, phones or recording devices during the session, outside of those being used by the Photographer, is not allowed.
8. The Photographer exclusively owns all rights in the images taken at the photo session (including but not limited to copyright).
9. All images shown to the Client are at the discretion of the Photographer. There is no guarantee that any specific image from the session will be presented in the final gallery. All images not shown as final proofs will be purged after the initial processing stage. The Client will not be given access to the unedited images from the photo session.
10. Images presented to the client have all been individually processed on a calibrated monitor. Any images ordered may be edited further to bring the image to its full potential prior to being printed. Please note that prints may appear slightly different to the image displayed on a Clients monitor due to variation in monitor calibration.
11. Small scratches, bruises and other transient blemishes may be removed during processing, unless the Client specifically requests that they be left in. This does depend on the amount of work required, and is not guaranteed to be performed. Freckles, birthmarks, and other apparent permanent blemishes will be left as they are unless it is specifically requested that they are removed. An editing fee may apply for any additional editing as requested by the Client.
12. Approximately three weeks following the photo session, the images will be available to view for ordering in a private online gallery. A private link will be emailed to the Client when the gallery is available for viewing. The images in this gallery are not to be downloaded, copied or altered in any way. Clients are welcome to direct family and friends to their private gallery if they wish to do so.
13. The client gallery will be available for 4 days, and orders can be placed via email or phone. In–home ordering is also available by request, where help can be given with deciding upon images and products. After this period, a flat fee of $25 is payable for any reopening of the gallery, which will then be available for viewing again for a period of one week.
14. Prices remain set from the time of booking the photo session for a period of three months from your session date. Orders placed after this period will be charged at the current rate for that time. Re-orders are welcomed. If a re-order is placed after the original three-month period, current prices will apply.
15. Please ensure that images/products are chosen carefully. Once images/products are ordered, all sales are final and no refunds will be given. Due to the nature of photographic products, all images/products cannot be returned.
16. Payment for all images/products ordered must be paid at time of ordering. No orders will be processed until full payment has been received.
17. All images are printed at a professional photographic lab on high quality photo papers/canvases. Please allow up to four weeks after the order is finalised to receive delivery of prints/products. Specialty items, such as canvases, framing, albums and books may take longer.
18. Images purchased are to be used for personal display only. They are not to be scanned, copied or duplicated or altered in any manner. Clients cannot authorise any reproductions of images for commercial use, personal use or for photographic competition or display.
19. If a digital negative is purchased, the Client also purchases reproduction rights. Copyright remains with the Photographer, but the Client may reproduce the purchases images from the disc for personal use only, for example, printing the image for yourself, family, friends. The Client may not alter the images in any way. If the Client uses the purchased images online, for example on a personal web page, Facebook etc, please acknowledge the Photographer alongside the image. Clients cannot use the images in public publications, in competitions, exhibitions or for any commercial use without the prior written permission of the Photographer, which may require payment of a further fee. If unsure if use is permitted please contact the Photographer.
20. Client image files will be stored for a maximum of one year. All care is made to ensure suitable storage of archived images but the Photographer does not hold any responsibility for loss of archived images through circumstances outside their controls, such as equipment failure. Should such an error occur within the first month of the session gallery being presented, a complimentary re-shoot will be offered.
21. In the event that the Photographer fails to comply with the terms of the agreement with the Client due to equipment failure, theft, accident, ill health or any other circumstances beyond the Photographer’s control, liability is limited to monies paid only. Where the situation entails loss of images, By Mika Photography will offer the client a choice between a re-shoot or a full refund of monies paid.
Upon the terms herewith stated, I hereby grant By Mika Photography (Mika, the Photographer), her heirs, legal representatives and assigns the absolute and irrevoccable right and permission to copyright, use, and publish a photograph or photographs of me and/or my child/children in any form and in all media for illustration, promotion, art, editorial, advertising, trade, or any other purpose.
I also consent to the use of any printed matter, titles or wording in conjunction therewith, including the use of mine/my child(ren)’s first name(s) only.
I hereby waive any right that I may have to examine or approve the completed product or products or the advertising copy
or printed matter that may be used in conjunction therewith or the use to which it may be applied.
I hereby release, discharge and agree to hold harmless the Photographer, her heirs, her legal representatives or assigns, and all persons operating under her permission or authority, or those for whom she is acting, from any and all claims and demands arising out of or in connection with the taking of said picture(s), or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
I hereby affirm that I am over the age of majority (18 years) and have the right to contract in my own name. I have read the above authorisation, release and agreement prior to its execution; I fully understand the thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
If the Model is a minor (under the age of 18 years old), the Parent(s) or Guardian(s) warrants and represents that they are the legal guardian of the model, and has the full legal capacity to consent to the photography shoot and to execute this release of all rights in this model's images.
By agreeing to a photo session with the Photographer you are unconditionally accepting these terms and conditions. If you have any questions about these terms and conditions please feel free to contact Mika of By Mika Photography.
These T&C's will be send out to sign with your confirmation after booking has been made.
