Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of Happy Day Studio Sydney. Happy Day Studio Sydney shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising, magazines, and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorise any reproductions thereof by parties other than Happy Day Studio Sydney. If Client is obtaining a print for reproduction, Happy Day Studio Sydney requires Client to submit a 'Special Usage Requirements' form.
Social Media: This clause applies to all social media, including Facebook and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in colour, or edited in any way.
Failure to Perform: If Happy Day Studio Sydney cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, then Happy Day Studio Sydney shall return any funds (minus the non-refundable booking fee) previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of Happy Day Studio Sydney. In the event Happy Day Studio fails to perform for any other reason, Happy Day Studio Sydney shall not be liable for any amount in excess of the retail value of the Client’s order.
Booking Fee and Payment: The Client shall make a booking fee and payments as per the pricing information listed on Happy Day Studio's Fee Schedule & website to perform the professional services specified in the session specification. Fee's and session prices may change at anytime at the discretion of Happy Day Studio Sydney. A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published here. The booking fee will be deducted from the cost of the Client's chosen package when calculating the final balance due. Payment in full of the remaining balance of your chosen package will be due 7 days prior to your shoot date. Additional goods ordered must be paid for in full at the time of ordering. Titles to all goods remains with Happy Day Studio Sydney until paid for in full by the client(s).
Cancellation/Refunds: The booking fee paid by the Client is non-refundable. If the Client shall cancel this Agreement more than 2 weeks (14 days) before the photo shoot date, Happy Day Studio Sydney will provide options for rescheduling. If a suitable time cannot be arranged, any session fee's paid, minus the booking fee, will be refunded. If the cancellation occurs less than 2 weeks (14 days) before the photo shoot date, the Client forfeits all payments that have been made up until the date of cancellation. Once a photographic session has taken place, no refund will be given of the booking or session fee. In exceptional circumstances, Happy Day Studio Sydney may offer to repeat a session if children have not cooperated for any reason. A repetition is at the discretion of Happy Day Studio Sydney and will be arranged as soon as possible after the initial shoot.
Complimentary Sessions: In the instance that a complimentary session is offered, this will be noted in your photography contract alongside additional agreements made between Happy Day Studio Sydney and the Client. The client agrees to the terms and conditions outlined by Happy Day Studio Sydney when booking their session and signing their photography contract.
Liability: It is client’s responsibility to take care of themselves, children, and others involved in the shoot. Happy Day Studio Sydney will not accept any responsibility due to any accident to children/clients or damage to public or private properties during the photo shooting or consultation session. Client accepts that all photographs will be taken and edited at Happy Day Studio Sydney's discretion based on their experience and artistic view. Photos may have small retouches. Any additional retouching or photoshop requests will not be accommodated and clients will be referred to external specialists who can perform these services at an extra charge. Happy Day Studio Sydney will not be held liable for quality issues if the Client chooses to print images.
Code of Conduct: The client agrees and understands that Happy Day Studio Sydney will not tolerate any form of abuse, intimidation, or harassment. Happy Day Studio Sydney may end a session or contract at any time in the instance that a client breaches this agreement.
Clients understand that by paying the non-refundable booking fee, they are agreeing to the Terms & Conditions outlined above.
