Terms & Conditions

Fabiana Coll Photography 

​​

​

​

In the following terms & conditions "the photographer" shall mean Fabiana Coll trading as Fabiana Coll Photography. "The client(s)" shall be those persons above as per the enquiry and booking forms. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

​

Deposit Payments

A 50% deposit as well as full acceptance of these terms and conditions secures the time and services of the Photographer for the event. This deposit is non refundable. Sessions postpone due to torrential weather can be reschedule as long as both parts (the photographer and the client) can agree on a new date. ​

 

Session Arrangements

The details of the session arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged and agreed in writing. 

​

Cancellation

The Client may cancel this contract at any time by giving written notice (email is acceptable) to The Photographer/s but in doing so shall forfeit 100% of monies paid for the booking fee. ​

The photographer may cancel this contract at any time by giving written notice (email is acceptable) to The Client. A full refund will be paid to the client within 7 days. All cancellations must be in writing.

​

Wet Weather

Sessions will continue in the rain unless torrential. In the event of wet weather, a sheltered area will be sourced. If torrential, the photographer will cancel the day's sessions and will reschedule for the next available date. If you are not available on the second date and another convenient date cannot be found, a 100% refund will be given.

​

Display

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, social media, sample albums etc. 

​

Images

All image sizes are nominal. The Photographer/s will provide a pleasing color balance but cannot guarantee exact color matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact color as seen by the human eye. 

​

Delivery

All the pre-selected will be uploaded on a private online gallery within 4 weeks after the session (either for selection or for client's download, depending on the chosen package).

​

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer's judgment regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.

​

Copyright

In Australia, copyright is automatically granted to the photographer as the creator of the images. Your clause about the Copyright, Designs, and Patents Acts needs to be revised to reflect Australian copyright law, specifically the Copyright Act 1968 (Cth), which governs intellectual property rights in Australia.

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.

​

Licence

The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

​

Force Majeure or Act of God

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

​

Attendance

In the unlikely event of the assigned Photographer being unable to attend your session due to unforeseen circumstances, we will issue a full refund. If you are not present for your session, all fees will be forfeited.

​

Limitation of Liability

In the unlikely event of total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

​

Governing Law

This agreement shall be governed in accordance with the laws of Australia.