TERMS AND CONDITIONS:
This website belongs to Kelly Walker trading as Artistry Photography
ABN 18 637 607 368
(‘Artistry Photography’, ‘we’, ‘our’ or ‘us’).
This page sets out:
1. Information about placing a booking;
2. Your session;
3. Refund policy;
4. Privacy policy;
5. Website terms of use; and
6. Terms and conditions of sale.
If you access and use our website, you are taken to have agreed to these terms and conditions.
If you have any questions, please contact us at artistry.photography@outlook.com.
1. BOOKINGS
How can I place a booking?
You can place a booking through our website by visiting https://book.usesession.com/i/ifoo6qRX5, selecting a session time and date and completing the details required to secure your booking.
How can I pay for a booking?
A booking through our website and payment of a 50% deposit is required to secure your session.
We accept direct deposit and card payments. We also accept gift cards issued by us.
Artistry Photography may accept coupon codes from time to time, which must be applied at checkout prior to payment of the 50% deposit. Artistry Photography reserves the right to not accept coupon codes at any time.
All payments are processed through our third-party booking systems (Square or Stripe).
How does the deposit work?
We require a 50% deposit at the time of booking to secure your session.
The remaining 50% of the session fee must be paid prior to or on the day of your session.
Can I cancel or change my booking?
If you wish to change your booking after your booking has been processed, please email us as soon as possible at artistry.photography@outlook.com and we will try our best to accommodate your request.
Should you wish to cancel your session after payment has been processed, please email us at artistry.photography@outlook.com. If you cancel your session within 14 days of the session the deposit is non-refundable.
If you cancel a booking within 14 weeks of your session, we may charge you for any costs that we have or may incur as a result of the cancellation.
There may be instances where we are unable to change or cancel your booking, for example where another session has already been booked by another party or we have already began editing your photos.
Time for Payment
You must pay your deposit at the time of booking and remaining fees prior to or on the day of your session and prior to the commencement of your session. We reserve the right to cancel your session or withhold delivery of the photos until payment is received in full.
If you do not pay the balance of any amount owing to us, you agree that the deposit will be forfeited. This does not limit our rights to recover any amounts owing.
Who can I talk to about my order?
If you have any questions regarding your session or photos, please contact us at artistry.photography@outlook.com
I have made an error in my contact details, can I change my details?
Please email us at artistry.photography@outlook.com as soon as possible to correct or update your contact details.
The booking session or delivery of your photos may be delayed should you require an amendment or correction to your contact details.
1. YOUR SESSION
Your booking and payment secures a 30 minute photoshoot with Artistry Photography at the selected date, time and location in the booking confirmation. You must sign our client waiver prior to commencement of your session.
What do I need to bring?
Items you may wish to bring to the session include:
· Socks/slippers to keep feet clean if participating in non-shoe tricks and walking around
· Jumper/tights in case you feel the cold
· Water and snacks
· Blankets to setup on
· Mozzie spray
· Costumes and shoes
· Tricks list
· Makeup for touch ups
· Towels
· Grips
· Music (for entertainment)
· Wipes to clean feet
· Sunscreen
Please also feel free to bring your own grip aids and cloths.
What equipment and props will Artistry Photography supply?
Artistry Photography has the following equipment available for use at your session:
· X-Pole Stage - 45mm Brass Pole
· Lollipop
· Aerial rig – fully certified from Gold Coast Aerial Rigs
· 90cm white hollow hoop
· 95cm white hollow hoop
· 95cm black hollow hoop
· Silks – ombre blue & white + white
· Lyra
· Hammock – white
· Crash Mat – for all shoots except for beach shoots or water-based locations
Please be aware when booking silks, the more the silks get used, the wetter and heavier they can become.
Artistry Photography will also supply a rosin, gluey, metho, and microfibre towels.
You are welcome to bring your own apparatus or pole as long as it fits to a single rig point. Artistry Photography is not liable for the safety of any apparatus you bring to the photoshoot.
You must provide us with your apparatus preference at the time of booking. If you wish to change your chosen apparatus, you must provide us with written notice at least 3 days prior to the date of your session.
Artistry Photography will provide a crash mat for all sessions excluding those in water or on the beach. You have the right to refuse to use a crash mat and we recommend using one where possible.
Any props used for the session should be confirmed with us prior to your session to ensure availability.
What if bad weather is predicted for my session?
Sessions will go ahead regardless of the weather, except in extreme weather events. We will do our best to advise you as soon as possible if an extreme weather event is likely to impact your session.
Extreme weather events include lightning storms or severe wet weather (such as flooding and torrential rain).
In the event of an extreme weather event, we will endeavour to reschedule your session to the earliest available date.
How will my photos be delivered?
Includes all raw digital photos captured at the shoot plus 5 edited images.
All raw digital photos will be made available within forty-eight (48) hours of your session. We may perform a quick edit of your images.
You can save the raw digital photos and share them, however, we ask that you credit Artistry Photography and mention in your post that the photo is unedited by us, and not representative of our finished work.
A final five (5) edited photos will be sent to you through Pixieset within four (4) – six (6) weeks of your session. We ask that you credit Artistry Photography in any sharing of the photos.
Additional edited images are available upon request for an additional fee.
Tricks
You do not need to complete tricks as high as possible, or higher than where you are comfortable. You must ensure that you are confident and feel safe in all tricks you complete. Please do not attempt any tricks you have not learnt and practiced correctly.
Our pole will be preset to spin to ensure we capture multiple angles as you move. You are more than welcome to ask for it to be put onto static. Please do not feel pressured to have it on spin if you are not comfortable. Remember this shoot is about you!
Liability
You acknowledge that by booking and attending your session, you participate in the session at your own risk and on your own accord.
Artistry Photography strongly recommends you only complete tricks that you are confident in completing without assistance or instruction (including without a crash mat).
You agree that Artistry Photography’s total liability for any loss you may incur arising out of or in connection with our performance of the Services and the Agreement, whether in contract, tort (including negligence), statute or any other basis in law or in equity, shall be limited to the amount of the fee we have received from you.
This limit does not apply to loss:
A which is recovered under a policy of insurance required to be held by us, or which would have been recovered had we held, maintained and complied with that policy;
B our fraud or wilful misconduct; and
C any loss which cannot be limited as a matter of law.
You agree that Artistry Photography is not liable for any indirect or consequential loss, including loss of profit, loss of revenue, loss of opportunity, loss of contract or loss of goodwill, howsoever arising.
Our liability will be reduced proportionately to the extent you or your employees, agents, other contractors or consultants caused or contributed to any loss or injury. This includes, for example, your own rigging of any of your own or Artistry Photography’s apparatuses or conducting manoeuvrers without experience or that you are unable to complete safely.
Indemnity
You indemnify Artistry Photography, including each of its officers, agents, employees, contractors and consultants, against any claim, action, losses (including legal), arising out of or in connection with the Services and the Agreement, including the negligent performance, or non-performance of the Services by Artistry Photography, in respect of, but not limited to:
(a) personal injury and death of any person;
(b) statutory penalty or expense incurred by you or for which you are otherwise liable arising from our failure to perform the services in accordance with these terms and conditions; and
(c) loss of, damage to, or destruction of any property.
3. REFUND POLICY
Photography is not perfect, sometimes technical errors occur. In every shoot there are bound to be shots that are blurry or bad in ways that cannot be fixed. Full sun exposure or other elements outside of our control can overpower the model or create ghastly shadows over the focal point. Sadly, nothing can be done. Artistry Photography appreciates your understanding. It is the joys of nature, and we love to embrace it.
We understand that you may change your mind or not agree with our completed photos. However, due to the nature of this work, we cannot offer a refund.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with our service, you may be entitled to:
(a) cancel your contract with us; and
(b) a refund for the unused portion, or compensation for its reduced value.
4. PRIVACY POLICY
Artistry Photography respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
This policy sets out how we collect and treat your personal information.
What personal information do we collect?
We will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your booking and photos.
Additionally, we may also collect other personal information you provide while interacting with us.
How do we collect your personal information?
We collect personal information from you in a variety of ways, including when you interact with us electronically or in person and when you access our website. We only collect personal information that you provide to us directly.
We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your email preferences, respond to surveys and/or promotions, or communicate with us.
How do we use your personal information?
We may use personal information collected from you to provide you with information, updates, products and services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our services and better understand your needs.
We may also use your personal information to contact you about our products and services, including for marketing purposes. You can opt out of receiving marketing material at any time.
How do we disclose your personal information?
We do not and will not sell or deal in personal information or any customer information.
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors. We will only do this to the extent it is reasonably necessary to provide our services to you.
We may from time to time need to disclose personal information to comply with our legal obligations.
We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Artistry Photography, https://artistryphotography2020.mypixieset.com/, our customers or third parties.
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer (to the extent we are legally able to) our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
By providing us with personal information, you consent to the terms of this privacy policy and the types of disclosure covered by this policy. Where we disclose your personal information to third parties, we will request that the third party follow this policy regarding handling your personal information.
How do we secure your personal information?
We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to or receive from us.
How can you access your personal information?
You may request details of personal information that we hold about you by emailing us at artistry.photography@outlook.com.
We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
What rights do you have in relation to your personal information?
You have the right to access your personal information and require us to correct any of your personal information.
Changes to privacy policy
Please be aware that this Privacy Policy is subject to change at any time. All changes made are effective immediately upon publishing them to our website. Please ensure you review our privacy policy regularly whilst using our website and services.
Cookies and Pixels
A cookie is a small file placed in your web browser that collects information about your web browsing history. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (for example: name, address, email address or telephone number). Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.
Our website may use cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit
5. WEBSITE TERMS OF USE
Intellectual Property Rights
Our website contains intellectual property (including copyright) owned by Artistry Photography and third parties.
We and our third parties retain all rights, title and interest in our website and all related content. Nothing you do on or in relation to the website will transfer to you:
1. the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or
2. the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
3. a system or process that is the subject of a patent, or copyright (or an adaptation or modification of such a system or process), of Artistry Photography or any third party.
General information
When you visit our website https://artistryphotography2020.mypixieset.com/ we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
Links to Third Party Websites
Our website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.
Content and service descriptions
We do not warrant that any descriptions or other content of this website is accurate, complete, reliable, current, or error-free.
We may update any content on our website at any time without notice.
Reviews and comments
When visiting our website or social media pages, and subject to your compliance with these terms, you may post reviews and comments.
If your reviews or comments contains defamatory, misleading or false statements or is threatening, aggressive or contains obscenities, or is otherwise contrary to the relevant social media platform’s content or other rules, we may remove your reviews and comments and remove your access to our website and social media pages.
We reserve the right to remove or edit any content that you post on our website or social media pages. You acknowledge that any content posted by you on our website or social media pages becomes our property. You agree to indemnify us for all claims made against us resulting from your reviews or comments on our website or social media pages.
You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, distribute and display your photos and such content in any way we see fit, throughout the world and in any media.
You acknowledge that we are not the author of any reviews or comments on our website or social media pages and that we are not responsible and do not assume any liability for any content posted by you or any third party.
If you are concerned about any reviews or comments, please contact us at artistry.photography@outlook.com.
Credit Card Information
We do not store any credit card information that you provide. If payments are made via our website, they are securely managed by our third-party payment gateway vendor in compliance with relevant standards.
Suspending or terminating site access
We may suspend or terminate your access to and use of our website or social media pages, without notice, if you are in breach of these terms.
Viruses
We make every attempt to ensure that the website is free of viruses and other malicious code which may affect your computer systems. However, your access to and use of the website is at your own risk, and you must take your own precautions to avoid and protect your computer systems against any viruses and other malicious code.
Cyber security
If, due to events beyond our reasonable control, you incur any loss or damage arising from a cyber security event in relation to our website, email communications, payment gateway providers or products, you acknowledge that we are not liable.
You must take appropriate steps to ensure that any requests for payment purporting to be from Artistry Photography are genuine, including by calling or emailing us to request confirmation.
How can I make a complaint?
If you wish to make a complaint, please submit details of your complaint to artistry.photography@outlook.com.
We will investigate and respond as soon as possible after receiving written notice of your complaint.
If you are dissatisfied with our response, you can also make a formal complaint with the Officer of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia, the OAIC).
6. TERMS AND CONDITIONS OF SALE
Formation of Contract
A Contract is entered into between Artistry Photography and you when we accept, either in writing or by conduct, a booking that you place (either verbally or in writing) for our services.
A contract constitutes the only agreement governing the supply of our services to which it relates and supersedes all previous communications and negotiations and agreements in connection with the supply of our services.
Except as specifically provided in these terms and conditions, any terms in respect of the supply of goods and services contained in or relating to any other documents, including any of your documents (even if they are specified to prevail), are excluded. By accepting our services, you acknowledge that these terms and conditions prevail over any qualification or condition purported to be imposed in any such other documents.
Electronic communications
When you visit our website, submit a booking or send enquiries or emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website.
You acknowledge that you are solely responsible for verifying that any electronic communications do not contain any viruses and have not been subject to compromise. If you receive an invoice electronically, you must verify any account details described in that invoice with us prior to payment.
Force Majeure
We will have no liability to you in relation to any loss, damage or expense caused by any failure or delay in delivering our products or services as a result of fire, flood, tempest, earthquake, pandemic (including COVID-19), epidemic or other acts of God, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, technological malfunction, any supply chain issues or any other matter beyond our control.
Severability
Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down, then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
Applicable law
You acknowledge that the laws of Queensland, Australia without regard to principles of conflict of laws, govern your use of our website and the products we sell to you and services we offer.
Contact Us
If you have any questions or concerns regarding our terms and conditions, please contact us at artistry.photography@outlook.com and we will endeavour to respond in a timely manner.