TERMS+CONDITIONS - ALL THE FEELS Photography

ALL THE FEELS TERMS + CONDITIONS

By booking a session (paying the deposit) the Client is agreeing to the below terms and conditions.

PAYMENTS

All prices are provided in AUD and include GST (unless otherwise stated).

Sessions are only secured once payment is made. Payment due dates will be listed on the invoice. A session will not commence if ATF has not received full and final payment. ATF will cancel the session if full payment is not received within 72 hours of the session, at this time any payments made will be forfeited. Payment on the day is not accepted by ATF.

Missing payment due dates may result in the session being cancelled in which case any deposit already paid will be forfeited.

Accepted payment forms are:

Bank transfer

Credit card (will incur an additional surcharge that is payable by the client)

Instalments via Newie (will incur an additional surcharge that is payable by the client).

DEPOSITS

All deposits are non-refundable to secure the photography session date, time and pricing, as of the date of the deposit. The deposit will be applied to the total package price.

The deposit is for ATF’s services, any location fees will be added on top of the deposit amount (if listed as an add-on). Total deposit amount is at ATF's discretion.

Any additional edits and products are sold separately (unless otherwise listed on the invoice).

Any location fees paid are strictly non-refundable or transferable as this is a service paid by ATF to another business.

RESCHEDULING AND CANCELLATION

The decision to reschedule a session is left to the sole discretion of ATF. A new non-refundable deposit or a reschedule fee and/or a new location fee may be required to re-book the new session.

Get Wet sessions and any tour (outside Melbourne) or peak week sessions can only be rescheduled for the same tour/period and are subject to ATF’s availability. They can otherwise be transferred to another person for the same package and session date/time. ATF is not responsible for finding a replacement client for the session. Credits cannot be held for these sessions.

In the event the Client cancels or fails to attend the session ATF will retain the full payment and no credits will be issued to the client.

If the Client is late to a session, such time will be deducted from the time allotted. More than fifteen (15) minutes late ATF may cancel or reschedule the session at ATF’S discretion which may require an additional deposit or location fee.

ATF reserves the right to cancel the session due to unforeseen circumstances including, but not limited to: inclement weather, illness, emergency, or any other conditions which ATF deems may adversely affect the quality of the session. In the event ATF cancels the session, the deposit will be applied to a rescheduled session.

INCLUSIONS

The inclusions that ATF will provide for the session will be listed in both the booking email and also the invoice provided at booking.

Shooting time commences at the session start time and concludes at the session end time. Any additional time beyond the scheduled time will be charged to the Client.

ADD ONS

Depending on the session there may be additional add-on options available.

Add-ons include but are not limited to: Location, Hair and/or makeup services, Outfit styling services, BTS content creation services, Professional videography (provided by ATF), Additional retouched images (provided by ATF), Additional enhanced images (provided by ATF), Additional enhanced gallery packages (provided by ATF), Additional shooting hours (provided by ATF).

Pricing and specific inclusions for the above services are dependent on the service provider and are subject to change.

RELEASE + COPYRIGHT + OWNERSHIP

ATF retains the exclusive copyright protection for all content taken during the session and of all final deliverables.

All content delivered to the Client are for the Client’s personal use only. The Client may not, without the express written permission of ATF, use the images/video/content taken during the session for professional display, profit, or other commercial endeavours. At ATF’s request, the content must be removed should it be used for commercial purposes. Alternatively, ATF may seek additional payment from the Client for commercial use.

The content should not be transferred to any vendors used by the Client for those businesses to use as marketing. The Client agrees to assist ATF by requesting any third parties remove content they are not permitted to use.

In order to continue to grow as a business, ATF has the right to use all content taken for their own marketing purposes. All packages are priced at a rate to reflect this. The Client consents and agrees that ATF has the irrevocable and unrestricted right to take or use content of the Client (and/or their property) and to use them in any and all media worldwide including online, and for any purpose whatsoever.

The Client agrees to credit ATF (@allthefeels_photography/@allthefees) for any and all use of the content and for any additional content created by the Client including, but not limited to, behind the scenes content.

The Client agrees not to share any content that shows the setup of the equipment used during the session unless cleared by ATF.

Any original watermark should not be removed or cropped in any way without ATF’s permission. Any content should not be altered or edited by the Client, such as using filters or editing apps, unless with the express written consent of ATF. The content cannot be used by any AI programs to alter the content or to generate any further content.

Should the Client's circumstances change and they no longer wish for the content to be used by ATF the Client must email (shoot@allthefeels.com.au) to discuss the circumstances and the options for a privacy agreement. Requests will only be reviewed if submitted from the Client's email used to make their booking. Requests made from third parties will not be accepted. Privacy agreements incur an additional charge as ATF can no longer use the content. Please note privacy agreements do not change the ownership of the images, just the usage rights. There may be circumstances where some marketing material or content already published cannot be recalled by ATF.

PROOFS

Should the Client's package include their choice of final images then proofs (original unedited photographs) will be provided to the Client to view only, electronically.

Proofs or Raws are not available for download or use by the Client and are the exclusive property of ATF. The Client has no right to the unedited content except for a license to review them. Downloading and or screenshots are not permitted. The electronic proofs will be watermarked by ATF. Watermarks are not to be removed from the content. Should the Client use any proofs or remove any watermark ATF has the right to seek payment from the Client for the additional content.

ATF has the right to withhold proofs should the Client owe any final payment.

SELECTIONS

The Client is required to follow the steps provided by ATF to make their final image selections. The Client must make their edit selections in a timely manner. ATF will advise the timeframe for the Client to make their selections when delivering the proofs. Should selections not be made within the period requested then ATF may choose to make the selections on the Client's behalf to complete the project. Should the Client request different content after ATF has made selections these will be at an additional cost to the Client.

If the Client selects additional edits an invoice will be provided and must be paid in full before ATF proceeds to editing.

EDITS

Final edits will be provided electronically to the Client only after full and final payment of the package and any additional extras is received.

EDITS - VIDEO CONTENT

For video content, only the final edited cut will be provided (unless otherwise specified). Video content is recorded and edited in portrait orientation (unless otherwise specified) and edited without music (unless otherwise specified).

One (1) round of re-edit requests is permitted, additional requests may incur an additional fee. Re-edit requests must be made in writing via email within fourteen (14) days of the video being delivered.

EDITS - PHOTO CONTENT

There are two (2) styles of final edits that ATF provides, "enhanced" and "retouched". The package will indicate which style is included. ATF will edit the final images to a standard that is in keeping with ATF’s editing style.

Enhanced style includes:

- A colour grade/correction, adjusted individually on each final image

- Cropping and straightening of the images

Retouched style includes:

- A colour grade/correction, adjusted individually on each final image

- Cropping and straightening of the images

- Skin smoothing/softening to a level that ATF deems acceptable for the style of image

- Blemish removal

- Background clean up

- Nipple removal (unless requested to leave)

Please note in some instances ATF may decide that any of the above are not appropriate for the style of image.

Any additional editing requested by the Client may require an additional fee. ATF has the right to reject any specific editing requests.

TIMEFRAMES

The Client is responsible for expressly advising ATF at the time of booking should they require the finalised content by a certain date/time frame. ATF will not be liable or responsible in any way should the Client miss a deadline that wasn't communicated to and approved by ATF before the booking.

Final content will be provided electronically to the Client only after full payment of the package and any additional extras is received by ATF.

Should the Client request additional content on top of what is included in their package these may be delivered after the included content due to ATF's workload at the time. ATF endeavours to only take on a number of Clients that they can service within an acceptable timeframe however ATF cannot predict the extent of additional items purchased.

Timeframes mentioned are an estimate only and ATF will endeavour to deliver as soon as possible. Should any time frames need to be extended, ATF will communicate this with the Client.

BTS CONTENT (if included in the package)

Will be uploaded and delivered electronically within two (2) weeks of the session (unless otherwise advised).

PROOFS

If the package includes edits chosen by the Client, proofs (to view and select edits from) will be delivered within fourteen (14) days of the session date (unless otherwise advised).

EDITS

Final video edits will be delivered at the same time as the delivery of any images included in the Client's package. If the session only includes video content it will be delivered within the timeframe specified by ATF.

Final enhanced edits will be delivered to the Client within approximately six (6) weeks of the Client advising ATF of their selections, or from when final payment of additional edits is received, whichever is the later.

If the package includes enhanced edits selected by ATF this will be delivered within approximately four (4) weeks of the session date.

Final retouched edits will be delivered to the Client within approximately eight (8) weeks of the Client advising ATF of their selections, or from when final payment of additional edits is received, whichever is the later.

The above timeframes are estimates only and will be determined by ATF’s workload. ATF will communicate with the Client should timeframes change or are delayed.

STORAGE

All content from the session will be stored for a period of three (3) months from the session date. After that, files may be deleted due to storage limitations. ATF is not required to advise the Client when the content will be deleted past this period. Once deleted, content is not able to be retrieved.

Final content must be downloaded in full by the Client and stored on their own devices within three (3) months of delivery. Final content may be deleted by ATF after this period and if done so, is unable to be retrieved.

If the Client requires the content to be stored for a longer period of time a written request will need to be made to ATF prior to the three (3) month timeframe. Additional storage time is not guaranteed, is at ATF’s discretion and may incur a fee.

WAIVER OF LIABILITY

By agreeing to a session, the Client is hereby waiving, releasing, and discharging ATF and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur.

In the event ATF’s belongings are damaged or destroyed during the session, the Client will reimburse the value of, replace or repair such belongings. In the event of any property damage to any location hired the Client will be responsible for any costs associated to replace or repair any damage caused.

ATF is not responsible for any injuries inflicted upon any participating parties. The Client will be responsible for themselves and release ATF from any claims against their person or their business. The Client swears that each person is participating voluntarily in the session and forfeit all right to bring a suit against ATF for any reason. ATF is not responsible for uncooperative parties.

AGREEMENT MODIFICATION

This agreement is the entire agreement between the Client and ATF and may only be modified as set forth in the foregoing paragraphs, in writing, and as agreed-upon by the parties. This agreement supersedes all prior agreements between the parties.

If one or more paragraphs are found to be unenforceable or invalid, the remaining paragraphs shall remain in effect and are enforceable. Any waiver of the foregoing paragraphs as agreed-upon by the parties does not alter the enforceability of the remaining paragraphs.