These Terms apply to all photography and videography services provided by DavidE Photography ([ABN]) (“Photographer”) to the person or entity booking the services (“Client”). They form part of, and should be read with, your signed Client Agreement and invoice. If there is an inconsistency, the signed Client Agreement prevails.

Services, inclusions, and fees are set out in your invoice. Quotes are valid for [14] days. Services not included in the invoice are charged at the price current when ordered. Prices may change without notice, but confirmed bookings are not affected.

A booking is confirmed when the Client signs the Client Agreement and pays the retainer of 50% of the total fee. The retainer is non-refundable, except as set out in clause 3.11 and where required by law. On receipt, we reserve your date exclusively and will not accept other bookings for that time.

1. The balance, plus any agreed travel fees, must be paid at least 7 days before the session.

2. No services will be provided until full payment is received.

3. All prices are in Australian dollars. Where GST applies, it is shown on the invoice.

4. If a payment is dishonoured, no photos or videos will be released until a substitute payment is made and cleared funds are received.

5. We may charge interest or recover collection costs on overdue amounts where permitted by law.

The Client must:

1. confirm the schedule, time, and location at least 7 days before the session;

2. notify us promptly of any changes and obtain our confirmation of receipt;

3. obtain all permissions, permits, and venue approvals needed for photography and filming. We have no duty to obtain them, and the Client must reimburse any fine imposed on us because of a missing permission;

4. ensure guests do not obstruct the Photographer or take photos of our posed or lit setups;

5. for sessions longer than [4] hours, provide the Photographer and any assistant with a meal at the same time as the main party.

We do not create or manage the timeline on the day.

If the Client is late, the session ends at its scheduled finish time. Time beyond the booked end time is billed at $100 plus GST per hour, per photographer, and is payable on the day or on invoice.

• If the Client reschedules due to illness, emergency, act of God, or another cause outside their control, with at least 7 days’ notice (or reasonable notice in an emergency), the retainer is applied to the new session.

• Any other rescheduling request is at the Photographer’s discretion.

• A $50 rescheduling fee applies to each request. We retain all amounts paid until the rescheduled session takes place.

• The new session must be within 2 weeks of the original date, unless we agree otherwise in writing, and is subject to our availability.

If the Client cancels with less than 24 hours’ notice, or fails to attend on time, all payments made are forfeited. If the Client cancels with 24 hours’ notice or more, the retainer is retained and any amount paid beyond the retainer is refunded.

• Images are delivered as high-resolution JPEG files through a private online gallery within 6 weeks of the session. [Videography: edited video is delivered within [X] weeks in [format].]

• The gallery stays open for 1 month from delivery. The Client is responsible for downloading their files before it closes.

• RAW files and unedited footage are not provided.

• We select which images and footage are released and decide on the editing style, colour, and overall look.

• Delivery times are estimates. Delays caused by weather, illness, or technical issues do not breach these Terms.

The Client must raise any issues, requests for additional images, or changes within 14 days of gallery delivery. After this period, we are no longer liable for corrections, refunds, re-edits, or re-shoots. Re-edits requested after this period may be provided at $60 plus GST per hour, with a one-hour minimum.

If we cannot perform due to illness, emergency, or other circumstances beyond our control, we will make reasonable efforts to arrange a comparable substitute photographer at the agreed price. If we cannot, we will refund all payments made for the session in full. If a substitute charges more than the agreed price, the Client may engage the substitute and pay the difference, or ask for a full refund.

We will make reasonable efforts to capture the agreed coverage but do not guarantee any specific shot, pose, person, or moment. Unless requested in writing before the session, we are not responsible for coverage affected by lighting, backgrounds, weather, venue restrictions, obstructive guests, late arrivals, or incorrect information provided by the Client.

We may end coverage and leave if anyone behaves inappropriately, threateningly, or aggressively, or if our safety is at risk. In that case, no refund is payable, but we will deliver the images captured before we left.

Copyright remains with the Photographer. The Client’s licence is set out in our Copyright Policy and the Client Agreement. We may use the images for our portfolio, website, and marketing as described there. By booking, the Client consents to this use, including on behalf of any children appearing in the images, unless they opt out in writing before the session.

If images are lost, damaged, or cannot be delivered due to equipment failure or circumstances beyond our reasonable control, our liability is limited to a refund of amounts paid for the affected services.

Nothing in these Terms excludes, restricts, or modifies any right or remedy the Client has under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be excluded. Our services come with consumer guarantees, including that they will be provided with due care and skill.

To the extent permitted by law, we are not liable for indirect or consequential loss, including loss of opportunity, sentimental value, or the cost of re-creating an event. Our total liability for any claim is limited to the fees paid for the services. Where the law allows, our liability for breach of a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

To the extent permitted by law, the Client indemnifies the Photographer against loss, damage, and costs (including legal costs) arising from the Client’s breach of these Terms, the Client’s failure to obtain required permissions, or the conduct of the Client’s guests. The Client is responsible for their own safety and that of their guests. This does not apply to the extent that loss or injury is caused by our negligence or breach of the law.

Neither party is liable for failure to perform due to events beyond their reasonable control, including natural disaster, fire, severe weather, pandemic, government restrictions, or strike. We will work with the Client to reschedule or refund under clause 3.11.

The Client is responsible for informing guests that photography, video, and audio recording will take place, and for obtaining any consent required by law for recording of private conversations.

We handle your personal information in accordance with our Privacy Policy.

The parties will first try to resolve any dispute by written notice and good-faith discussion for 14 days. If unresolved, either party may seek mediation or pursue their legal rights.

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

• These Terms, the Client Agreement, and the invoice are the entire agreement.

• We may update these Terms. Updates do not affect confirmed bookings.

• If any clause is unenforceable, the rest remain in effect.

• Failure to enforce a clause is not a waiver of it.

DavidE Photography | davidephotography26@gmail.com