Terms and Conditions
The Photographer: Vanessa Au Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
The acceptance of the booking is based on agreement by the client of the terms and conditions stated herein.
Deposit and Payment
A non-refundable session retainer fee of 50% deposit is required to book and hold the date for your session and serves as a cancellation fee. However, the fee can be credited towards a future session upon the Photographer’s approval. All remaining balances are due before or at the time of the session. No photographs will be delivered until all payments due have been paid in full.
Deposit secures the time and services of the Photographer for the sitting and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation. Sittings that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.
For newborn sessions only: Due to the uncertain prediction of an exact arrival day of your baby, certain flexibility for booking the newborn session will apply. An initial date within the first 10 days of your due date is to be pencil-booked in, however, this is subject to change depending on the exact date of birth.
For mini sessions: full payment is due at time of booking.
Vanessa Au Photography accepts only cash and PayPal.
In the event of a cancellation, client forfeits their session retainer of 50% to book the session. As previously stated, the fee can be credited towards a future session if the client reschedules the appointment by calling 24 hours prior to the date of session and re-booking at an agreeable date and time.
For mini sessions: If Client cancels within 24 hours, full payment is non-refundable. However, if Client decides to reschedule 24 hours in advance, no charge will be incurred. If there are no openings for a reschedule, cancellation fee will be charged.
The session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period. Photographer reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, the Photographer has the right to cancel the booking with all payments made non-refundable. In the event of the child falling ill during the session, the photographer reserves the right to postpone the photo shoot and re-schedule at the convenience of both parties. In the event of this happening the Client agrees to incur the additional travel expenses.
For newborn sessions in your home: There is a surcharge of $75 traveling fee.
Copyright and Reproductions
The Photographer shall own the copyright on all images created and shall have the exclusive right to make reproductions and edits of any kind. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Without permission from the Photographer, the Client shall not download, copy, print, screen shot, use as a basis for derivative works, manipulate in any way, or otherwise use the Photographer’s images.
If Client is obtaining a print for reproduction or publication, the Photographer authorizes the Client to reproduce the print only as agreed upon by the Client and the Photographer. In such event, the Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
Failure to Perform
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit 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 or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
After 90 days from your session date the Photographer will no longer be responsible for storing your image files.
Any complaints should first be raised by the Client with the Photographers in writing within 14 days from the date of receipt of images.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the States of Texas.
Revised, November 2018