Kate Wiggins - Terms and Conditions
Kate Wiggins: Terms and Conditions and Online Booking Terms and Conditions
A. Session Fee:
The Client(s) agrees to pay a non-refundable booking fee when requested by Kate Wiggins. This fee is non-refundable but may be transferable to one other date (subject to availability), due to accident, injury, or illness.
B. Rescheduling:
Kate Wiggins reserves the right to reschedule sessions due to illness, weather, equipment malfunction, or other circumstances beyond her control. There will be no additional session fee charged for rescheduling. This policy also applies to situations related to COVID-19. Reshoots are at the discretion of Kate Wiggins.
C. Photographic Styling:
The Client(s) acknowledge that they have selected Kate Wiggins as their photographer based on her photographic style and creativity. No refunds, reshoots, or re-edits will be provided if the Client(s) prefer alternative artistic styling in the final images. The Client(s) understand(s) that outdoor photography sessions are optimised when conducted at locations and times chosen by Kate Wiggins. The Client(s) acknowledge that their choice of outdoor location, time of day, and weather conditions may affect the final outcome of their images.
D. Storage of Photographic Files:
The Client(s) are/is solely responsible for ensuring the safety of digital files provided by Kate Wiggins. This includes backing up images in multiple locations and creating hard copies. Kate Wiggins stores all selected files from photography sessions on multiple digital devices for three months, after which files will be deleted. Final edited images will be stored for an additional 6 months minimum, except as needed for promotional purposes. Kate Wiggins is not responsible for loss or damage to digital files or prints.
E. Payment:
All payments are due in full unless payment arrangements have been approved in writing by Kate Wiggins. Orders will not be processed until full payment is received. If the Client(s) have arranged a payment plan, the order will be placed after the final payment has been received. All payments must be cleared into the bank account of Kate Wiggins before any products can be ordered.
F. Damage:
Kate Wiggins is not responsible for damage to print products after postage to the Client(s), including damage caused during transit by Australia Post. The Client(s) assumes(s) all responsibility for the safety of all print products upon receipt. Kate Wiggins prefers Client(s) to arrange a collection time from the studio to avoid postage.
G. Model Release:
The Client(s) hereby gives Kate Wiggins the absolute and irrevocable right and permission with respect to the photographs taken of themselves and/or their minor child(ren):
a) To copyright the same in the photographer’s name or any other name selected by her.
b) To use, re-use, publish, and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including but not limited to illustration, promotion, social media, advertising, trade, display, online sales platforms, portfolio, competitions, vendor publication, or publication to promote the studio.
The Client(s) hereby releases and discharges Kate Wiggins from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
H. Liability:
Kate Wiggins is not responsible for any injuries inflicted upon any participating parties. The Client(s) agrees to be responsible for children and for themselves, releasing Kate Wiggins from any claims against her person or her business. The Client(s) waive, disclaim, and release Kate Wiggins and its respective owners, members, employees, agents, volunteers, and representatives from any and all actions, claims, or demands that they may have now or in the future, whether known or unknown, against Kate Wiggins or her parties, including those related to injury, death, or damage to property arising out of or in connection with the session or any products related thereto.
The Client(s) agree to protect and hold harmless Kate Wiggins from all liabilities, losses, claims, costs (including solicitors' fees and court costs), damages, or expenses of whatever nature that may result from injury, death, or damage to property arising out of or in connection with the session or any products related thereto.
I. Copyright & Penalty:
Kate Wiggins retains all copyrights and ownership of all images photographed and provided. The Client(s) agrees not to use digital files or printed products for publication (e.g., entering contests) or to sell or alter any images provided without the photographer’s written permission.
J. Refund Policy:
There are no refunds or exchanges on digital image(s) or printed product(s) purchases due to the custom nature of portrait photography.
K. Children and Infants:
The Client(s) understands that not every child will smile, follow instructions, or remain settled, which may affect the photography session outcome. Due to the nature of children and newborn infants, there may be instances where they cannot be calmed down or made happy enough to be photographed. These sessions will have to be rescheduled at the cost to the Client(s). Kate Wiggins reserves the right to end a session at her discretion.
L. Responsibility:
The Client(s) will be held responsible for the conduct, safety, and behaviour of their child(ren) at all times. Any damage caused by the Client(s), their guests, or child(ren) will result in the Client(s) being invoiced for the equal replacement value of the damage.
M. Gift Vouchers:
Gift vouchers purchased from Kate Wiggins are valid for 3 years from the purchase date and cannot be redeemed for cash. They are non-transferrable and non-refundable. Prices at the time of scheduling an appointment apply.
N. File Format:
The Client(s) will receive only edited .jpg files. No RAW or unedited files will be provided.
O. Conduct:
Client(s) are expected to maintain a considerate and respectful demeanour during photography sessions conducted by Kate Wiggins. Any form of aggression, hostility, or disrespectful behaviour toward Kate Wiggins or any other participants will not be tolerated.
The following behaviours are strictly prohibited during photography sessions:
1. Aggression: Any form of physical or verbal aggression, including threats, intimidation, or violence, toward Kate Wiggins or any other individuals present during the session.
2. Sexualized Comments: Making sexually suggestive or inappropriate comments, gestures, or remarks directed at Kate Wiggins or any other participants.
3. Inappropriate Touching: Engaging in any form of unwelcome or inappropriate physical contact, including touching, groping, or harassment, toward Kate Wiggins or any other individuals involved in the session.
4. Physical Punishment (Abuse) of Children: Any form of physical punishment, including hitting, slapping, or other forms of physical discipline, directed towards children by their parents or guardians during the session.
Kate Wiggins maintains a zero-tolerance policy towards any behaviour that violates the law and the principles of respect, and dignity. Clients engaging in prohibited conduct will be immediately asked to cease their behaviour and will be asked to leave the session premises.
In the event of a violation of the behaviour and conduct policy, Kate Wiggins reserves the right to terminate the photography session immediately and refuse further services to the offending client(s). Any payments made for the session will be forfeited, and no refunds will be provided.
P. Legal Ramifications:
Any behaviour that constitutes harassment, assault, or other criminal offenses will be reported to the appropriate authorities, and legal action may be pursued against the offending party.
Q. Client Responsibility:
Clients are responsible for ensuring that they and any individuals accompanying them to the session adhere to the behaviour and conduct guidelines outlined herein. By participating in the session, clients agree to abide by these terms and conditions.
Booking Online – Terms and Conditions
A. Online Booking Process:
Client(s) have the option to make bookings online through Kate Wiggins' website or direct link provided by Kate Wiggins. By making an online booking, clients agree to adhere to the terms and conditions outlined herein.
B. Reservation Confirmation:
Upon successful completion of an online booking, client(s) will receive a confirmation email or notification confirming their reservation. It is the responsibility of the client(s) to review the details of their booking confirmation and notify Kate Wiggins promptly of any discrepancies or issues.
C. Reservation Flexibility:
While every effort is made to ensure the accuracy and reliability of the online booking system, unforeseen circumstances may arise that necessitate adjustments to existing reservations. Kate Wiggins reserves the right to reschedule online bookings in the following situations:
1. Technical Issues: If there has been an issue with the online booking system that prevents accurate scheduling or reservation processing.
2. Double Booking: In the event of a double booking due to manual scheduling conflicts occurring simultaneously with an online booking.
3. Illness or Injury: If Kate Wiggins is unable to fulfill the scheduled appointment due to illness, injury, or unexpected health issues.
4. Unforeseen Circumstances: Any other unexpected issue or circumstance that may arise, hindering the ability to honour the online booking as originally scheduled.
D. Rescheduling Process:
In the event that a reservation needs to be rescheduled, Kate Wiggins will make every effort to communicate promptly with the affected client(s) to arrange an alternative date and time for the photography session. The client(s) will be offered available alternatives within a reasonable timeframe, subject to availability.
E. Client Notification:
Client(s) will be notified promptly via email or phone regarding any necessary changes to their online booking. Kate Wiggins will provide detailed information regarding the rescheduling process and available options to ensure a smooth transition to the new appointment.
F. Client(s) Cooperation:
Client(s) are encouraged to cooperate fully with Kate Wiggins during the rescheduling process and to provide any necessary information or preferences to facilitate the arrangement of the new appointment. Open communication and flexibility from both parties are essential to ensuring a positive booking experience.