Terms and Conditions
In the following terms and conditions (“Terms of Service”, “Terms”), “the photographer” (“Jasmine Zhang”, “The Willows Photography”, “us”, “we” or “our”) shall mean Jasmine Zhang trading as The Willows Photography by Jasmine. “Client” or “you” shall be those persons named in the invoice.
The Client wishes to engage Jasmine Zhang as the photographer to provide a service to the client and produce Digital Photographs supplied via an online gallery.
Contract and Payment
A $280 deposit is required upon booking in order to secure the client’s preferred date, time and price. The total amount listed on the client’s invoice will include a 50% non-refundable fee. If a booking is made within 2 weeks of the scheduled session, full payment will be required upon booking in order to secure the client’s preferred date and time. By making payment, the client is fully accepting the terms and conditions and with the acceptance of the photographer, the client is entering into a contract with the photographer.
Full payment must be made no later than two weeks prior to the photo session or you risk having your photo session cancelled.
These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. Our current terms and conditions can be located at www.thewillowsphotography.com.au/terms
It is the responsibility of the client to ensure any permits (where applicable) are obtained and paid for by the client prior to the photo session taking place.
Rescheduling and Cancellations
Rescheduling may be possible for exceptional circumstances only. The Client must inform the photographer as soon as practically possible of their intent to reschedule a photo session due to exceptional circumstances. The photographer reserves the right to decline a request to reschedule a photo session if the photographer does not deem the reason(s) to reschedule a photo session as exceptional circumstances.
In the event of a cancellation within 2 weeks from the photo session, the photographer reserves the right to retain the full amount paid regardless of how much work has been carried out prior to or after the cancellation.
Photo Session and Packages
All photo sessions include children and parents of the children only; additional members may incur an additional charge.
Our packages also includes 30km (one way) of travel from Werribee VIC 3030, any additional travel may incur an additional charge. The 30km travel is not a 30km radius from Werribee but in fact the distance from our usual place of business to the agreed location of the photo session via vehicle on sealed roads where available.
The Client acknowledges that they are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that the photographer will use their expertise and artistic judgement to create images consistent with their vision of the day. The photographer reserves the right to edit and deliver each photo in either full colour, black and white or both to the client.
The photographer is dedicated to capturing and providing beautiful, natural and candid images. Our prices do not include advanced editing which includes removal of skin blemishes, objects in the backgrounds or distracting elements. Additional editing may be requested and a fee per image will be quoted upon request and must be accepted prior to any work being carried out.
The Client is able to use all purchased photographs for private, domestic and personal use only. The Client must not edit, change, add to, take from, alter or otherwise amend the photographs without the prior written consent of Jasmine Zhang except in the case of cropping an image.
The photographer may use the photographs for advertising or promoting purposes, if you wish for this to not happen with your photographs, you must inform the photographer in writing of this as soon as possible.
As a courtesy the photographer will keep copies of your finished jpegs for a maximum of 6 months and in the form of an online gallery for no less than 2 weeks. RAW files from each session will be stored until the online gallery is delivered. In the event of an unforeseeable incident of image loss and storage issues, the photographer cannot be held accountable if images cannot be restored as this service of storing images are an act of good will.
All clients will be supplied with high-resolution jpeg files via an online gallery, which will be uploaded within 20 working days of the photo session. At no stage will RAW files be delivered.
In the unlikely event the photographer is unable to complete the photo session due to unforeseen circumstances such as illness, serious injury, elements of nature (including fire, flood, storm or other casualty), government regulation or restrictions, we work together to make alternate arrangements.
Loss or Damage
The photographer is committed to carry out this agreement in a professional manner. In extraordinary circumstances, the photographer may encounter elements that are beyond our control which include but not limited to faulty material, equipment failure or damage or loss of digital files. The photographer will ensure necessary actions are taken to rectify the issue in order to fulfil the requirements of the assigned task listed in the invoice. It is at the discretion of the photographer to take actions, which may include minor repairs or changeover of equipment, extend the photo session or as a last resort reschedule the session in order deliver the agreed service.
In case of digital file loss, the photographer and client agree that the liability of the photographer shall be limited to a full or partial refund of any money paid under this agreement, which shall be in full and final satisfaction of any damage or loss suffered, but shall not include a refund of any goods already received.
In the instance of late attendance by the client/s and their guests to a scheduled photography session, the photographer cannot be held liable if the photographer is unable to capture the minimum amount of photographs as originally suggested when the booking of the session was made within the original scheduled timeframe.
Any directions issued to the client(s) or their guests during a photo session are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during the photo session.
The photographer is committed to ensuring a safe and healthy work environment. The photographer will not tolerate any form of verbally or physically abusive behaviour. If in the opinion of the photographer there is an unacceptable degree of misconduct, the photographer may end the session early with no additional work to be completed for the client such as the editing or delivery of photographs. The client understands that in such an event, no refunds will be granted.