Terms & Conditions - Morisset Photographer

Thank you for choosing Irina Shender Photography.

The following terms and conditions (Terms) set out the basis on which Irina Shender ABN 60 954 537 099 (Irina Shender) agrees to provide goods and services to you (Customer).

1 DEFINITIONS

Business Day means a day which is not a Saturday, Sunday or public holiday in New South Wales.
Rates means the rates charged by Irina Shender in accordance with the rates posted on this at www.irinashenderphotography.com at the time of booking.

2 RATES AND DEPOSIT

2.1 A non-refundable $50 deposit is payable at the time of booking to reserve the session. The remaining balance of the Rates must be paid before or on the session date.
2.2 Once a booking has been placed, the Customer agrees that it may not be canceled by the Customer without Irina Shender’s written consent, and the Customer agrees that the deposit payable at clause 2.1 is a reasonable cancellation charge to cover Irina Shender’s costs in the event of a cancellation.
2.3 Irina Shender may, in her sole discretion, allow the deposit to be applied to a re-scheduled session provided that the Customer has provided at least 5 Business Days’ notice of the re-scheduled session.
2.4 The Customer is deemed to have accepted these Terms by placing an order with Irina Shender. If these terms and conditions are received by the Customer but unsigned, and if the Customer places an order with Irina Shender for the Goods, these terms and conditions are deemed to have been accepted and the Rates payable within these Terms are payable by the Customer.
2.5 The granting of any credit by Irina Shender is at Irina Shender’s sole discretion which can be withdrawn or varied by Irina Shender at any time.
2.6 Interest at the rate of 2% per month is payable on any overdue amounts from the date when payment was due to the date of actual payment (whether before or after judgment) together with all costs, expenses (including all legal costs) incurred in the collection or attempted collection of any sums due, and can be collected as part of the principal amount owing.

3 REPRESENTATIONS AND WARRANTIES

3.1 To the fullest extent permitted by law, Irina Shender Photography will not be deemed to have given any warranty or representation as to any matter dealt with under these Terms, including any warranties of quality or fitness for a particular purpose, except as expressly stated in these Terms, other than as provided for under the Australian Consumer Law.

4 LIABILITY

4.1 Notwithstanding any other provision of these Terms, to the fullest extent permitted by law, in no circumstances shall Irina Shender be liable to the Customer under contract (including any indemnity), common law, tort, equity, under statute or in restitution for any indirect or consequential losses, or loss of profit, revenue, contract, use, goodwill or reputation or financing costs or increase in operational costs.
4.2 Irina Shender is not liable for any unplanned delays or cancellations due to matters outside its reasonable control, including weather, transportation issues, illness, injury or unforeseen emergency. In the event that Irina Shender is unable to reschedule the session or photographs or files are lost, stolen or destroyed for reasons within Irina Shender’s liability is limited to repayment of any Rates paid.
4.3 At Irina Shender, the safety of our customers is our number one priority and all care will be taken by us. By participating in a photo shoot the Customer agrees that all decisions about physical activities are their own and that they have, if necessary, taken medical advice before participating. Irina Shender accepts no liability for any personal injury suffered by you to the extent permitted by law.

5 INTELLECTUAL PROPERTY

5.1 All photographs and copyrights are the property of Irina Shender. Irina Shender grants the Customer a non-transferable, non-exclusive license to reproduce any photographs for the purposes of sharing with friends and family only. For the avoidance of doubt, this license does not extend to any commercial exploitation of the photographs without Irina Shender’s express written consent, and any use for the business of monetary gain will constitute an infringement of copyright.
5.2 Irina Shender may use photographs taken in the session for the purposes of display, advertising, portfolio, website or any publication to promote Irina Shender and the Customer releases Irina Shender from all claims and liability relating to Irina Shender’s use of the photographs. Should the Customer not wish for Irina Shender to use the photographs then the Customer can notify Irina Shender at the time of booking.

6 GENERAL

6.1 If any provision of these Terms is determined by any statute or court to be illegal, invalid, void or voidable, the legality and validity of the remainder of these Terms shall not be affected and the illegal, invalid, void or voidable provisions shall be deemed deleted from these Terms to the same extent and effect as if never included, but the remainder of the Agreement shall continue in full force and effect.
6.2 These Terms is governed by the laws of the state of New South Wales and is subject to the non-exclusive jurisdiction of the courts of New South Wales.
6.3 No Warranty of Longevity/Storage:
Irina Shender does not warrant the longevity in quality of any digital media or ﬁles delivered to the Client. The Client bears the sole responsibility for backing up, archiving, and maintaining the integrity of the ﬁles. Irina Shender will store digital photograph files for 90 days as a courtesy, but will not be held liable for storing these files.