Terms & Conditions
Model, minor and property release: All clients are required to sign a model release and property release prior to the photoshoot commencing. Should any children under 18 be photographed, a minor model release will also be required to be signed.
Liability: The Client assumes all responsibility for their animal(s) or any other subjects during the session, including any and all destruction of personal, business or public property, personal injury, or illegalities. The Photographer will not be liable for any accidents, injury, or damages caused by either photographer or subject, that occur during or as a result of the photo shoot. If the subject injures the Photographer or client, or damages the photography equipment, the client shall be solely responsible for paying for all injuries and damages that are the direct or proximate cause of the subject, within a reasonable period of time. Please disclose any behavioural or aggression issues prior to your session.
Payment: The Reservation Fee is required to be paid in full to secure the booking date unless otherwise agreed. The reservation fees will be credit to your account and deducted from your order when your ordering appointment is held within 10 days of your photoshoot. Prints, digital files or other products are not included unless otherwise stated but may be purchased from our standard price list during the Ordering Appointment. Should you not place an order, the reservation fee is refunded however you must attend an ordering appointment within 10 days of your photoshoot to do so.
Photographer's Standard Price List: All items are priced from the Bitsa Bernard pricing menu in effect at the time of this agreement. Prices are guaranteed for a period of 30 days following the date of the photography session. Items purchased more than 30 days after the date of the photography session will be priced from the most recent price list in effect as all sharing sessions should be held within ten days from the date of the photography session. Prices are GST inclusive.
Cancellation: If the Client shall cancel this Agreement 8 weeks or more before the session date, the Reservation Fee will be refunded in full. If the Client shall cancel with less than 8 weeks to the photoshoot date, they shall receive no refund. The photoshoot may be reschedule at the discretion of Bitsa Bernard Photography. In the case of reschedules, a rescheduling fee of $75 will be required which will be held as a print credit unless less than 48hours is given with the exception of extreme circumstances. Reschedules are typically unavailable for special promotions or gift certificates. If the Client or Pet is feeling ill, please call to reschedule. I understand that sometimes, this happens. If you must reschedule, please try to do so at least 48 hours before your session.
Ordering Appointments: The Ordering Appointment must be scheduled within ten (10) days of the photoshoot to claim your print credit and all prints and products must be ordered at this time. A minimum 30% retainer is due at the time of order with balance due within 4 weeks. Alternatively a minimum 10% retainer is required for those agreeing to payment plans. All orders placed are final and refunds are unavailable. A cancellation of order will result in a 100% cancellation fee. An archive retrieval fee of $75 is charged for any additional orders placed after the Ordering Appointment.
Payment Plans: Payment plans of 6 or 12 months are available through a third party service, Payright. A minimum 10% deposit is required. Once your order is placed and Payright set up, cancellations of order are unavailable. Your products will be sent to production once the deposit is paid.
Turnaround Times: Prints and products are processed, designed and sent to print only after payment has been received in full. The Client understands that the expected turnaround time for orders is 6-8 weeks however this could be longer in busy periods (eg. Christmas break). No part of any order, including previews, will be delivered until the balance is paid in full.
Photographic Materials: All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. At request of the client, The Photographer shall make proofs and previews available through an online gallery for a period of 7 days from the time of the sharing session. Further orders from extended family and friends for printed products must be placed during this time. An archive retrieval fee of $75 is charged for any additional orders placed after this period.
Copyright and Reproductions: By paying your reservation fee you agree to sign the copyright back to Bitsa Bernard Photography. Bitsa Bernard Photography owns all images created and shall have the exclusive right to make reproductions.
Client's Usage: 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 unless a signed Usage License is acquired from the Photographer. It is illegal and unlawful to scan, copy or reproduce works from Bitsa Bernard Photography in any manner or medium, and doing so may be punishable by law with fines. As artists, we wish to have complete control over the final look of our images, and scanned images damage our reputation as photographers by distorting and devaluing image quality.
Artistic License: While a number of images will be captured during the session, only the very best 25 that satisfy the artistic eye and quality standards of Bitsa Bernard Photography will be shown to the Client. Bitsa Bernard Photography retains the final decision for the style, method and layout of the delivered images.
Failure to Perform: If the Photographer cannot perform this Agreement due to a casualty, 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 Session Fee 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 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.
Photographer: The Photographer may substitute another photographer to take the photographs in the event of Photographer's illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
Exclusive Photographer: Please only bring the people that will be photographed to the Session. Also, please do not bring or use your own camera, camcorder or recording device during the Session. Personal photographs, including those taken with a camera phone, are not permitted during the session.
Inherent Qualities: Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Miscellany: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. 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 South Australia and Australia. Payment of your reservation fee bounds you to this agreement.
TERMS AND CONDITIONS APPLICABLE TO GIFT VOUCHERS PURCHASED OR RECEIVED IN A PROMOTION OR COMPETITION RUN BY OR IN CONJUNCTION WITH BITSA BERNARD PHOTOGRAPHY
Vouchers are transferrable but not redeemable for cash
A voucher may be used towards a Bitsa Bernard Photography experience of your choice unless stated otherwise
Only one voucher may be used per session.
Voucher must be presented to Bitsa Bernard Photography at your session.
Voucher credit cannot be used as the required deposit on an order, it does however come off your total order.
A date holding deposit of $50 may be required during peak periods. This deposit is held as print credit and will be deducted from your order.
Should you decide not to purchase any products at your sharing session, the holding deposit will be refunded. You must attend a sharing session for this refund.
Please refer to your voucher for expiry date (if applicable). An expiry date may be extended at the discretion of Bitsa Bernard Photography. Any extension of expiry date will incur a $75 booking fee to secure your shoot date.
If you fail to attend a booked shoot and do not make contact with us prior to the scheduled shoot time, you will forfeit the value of your voucher in its entirety.
If the session is cancelled with less than 14 days to the Session date, you will forfeit the value of your voucher in its entirety.
Should you need to postpone your session and are unable to give more than 14 days notice, a rescheduling fee of $75 is required to secure your new date.
All participants must sign a model release form before your shoot begins, this will be emailed with a booking confirmation for electronic signature.
By booking a shoot with Bitsa Bernard Photography, you acknowledge, on behalf of all participants, that Bitsa Bernard Photography retain the copyright to all images created and reserve the right to use any images in marketing/promotional materials either printed or electronic, including websites and social media profiles. If you do not agree to public use, please ensure you discuss this with us.
Bitsa Bernard Photography retain the right to enter any images in industry awards and competitions.
Bitsa Bernard Photography normal Trading Terms and Conditions apply.
Bitsa Bernard Photography is committed to providing you with the best possible customer service experience. Bitsa Bernard Photography is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
COLLECTION OF YOUR PERSONAL INFORMATION
There are many aspects of the site which can be viewed without providing personal information, however, for access to future Bitsa Bernard Photography customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
SHARING OF YOUR PERSONAL INFORMATION
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Company Name takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
USE OF YOUR PERSONAL INFORMATION
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
ACCESSING YOUR PERSONAL INFORMATION
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Bitsa Bernard Photography reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Bitsa Bernard Photography
1a Newman Street
Forestville SA 5035
Phone: 0435 879 952