Terms & COnditions

AGREEMENT

This agreement is put in place so you know exactly what a session with us entails and to ensure that we are able to deliver on your expectations. Please read all information carefully, and if you have any questions at any time, just ask.

TERMS

studio” means Niki Sprekos Photography, photographers and those in the studio’s employment

shoot & session” means your photographic session with the studio where your photographs are taken

client/s” means any individual who engages the studio to produce photographs or session. This includes any minors that you are legal guardian/parent of the minor and you are authorised to sign this agreement on behalf of the minor.

1) Copyright

a. It is agreed that the studio, retains the copyright to all images taken at your session. It is illegal, unethical and punishable by law to scan, copy or reproduce these images in any manner or medium unless you have purchased a limited copyright licence from Niki Sprekos Photography. If you need a written consent for commercial use please contact Niki Sprekos.

b. Likewise, clients cannot authorise any reproductions of images for commercial use, personal use, for photographic competition or display. Even though the pictures may be of you or your child, the studio owns the copyright to the images. The studio is the only entity who can crop, alter or modify any image produced at your session.

c. The studio does not provide raw files to clients as part of my service. The process involves selecting the best photographs from our session, purchasing those in a digital collection package, enhancing them with careful attention to detail, and optimizing them for print and digital use. The final edited images are the result of my professional expertise and are intended to provide the highest quality results. The inclusions of your package purchased are listed in the pricing for complete transparency.

d. While the digital files are available for purchase, copyright is retained by the studio and a limited release (for personal use only) is given for the files when they are purchased.

e. A limited release means you are able to use your images for any purpose other than 1) sell them to a 3rd party 2) enter them into competitions 3) use them for commercial purposes.

2) Session Fee

a. Sessions are booked by payment of the non-refundable session fee.

b. The payment of our booking and session fee is to reserve your allocated shoot date, time and current fees. Your session fee does not include any prints or products, including digital files. These are available for purchase.

c. Should you be unable to pay your session fee at the time of booking, the studio reserves the right to offer your time and date to other clients. Your fees and shoot date are not reserved until your session fee has been paid.

d. The booking and session fee is non-refundable but is transferrable for another date/time as agreed. This fee covers the photographer's time, talent, post production, and ensures you have an online gallery from which to view your portraits.

e. Your session fee / deposit paid can be transferred once if it’s moved 48 hours prior to your session date. If the next session that was booked in is again needed to be rescheduled, an additional full price session fee payment will be due to secure the next date/session, upon payment of the next session fee payment there will be no transfer of fee for subsequent reschedule dates, each reschedule will be an additional full price session fee.

f. Please treat your booking as you would any specialist appointment. Please arrive on time for your session, arriving late will see that time taken off the session allocation, we must finish our session within the allocated time.

g. If you, your child or any attending individual is feeling unwell, please call to reschedule. The studio understands that sometimes, this happens. If you must cancel, please try to do so at least 48 hours prior to your session, in the case of not showing up for your session, you forfeit your entire session fee.

h. Cake Smash Sessions – Should the client cancel or move a session date for any reason 48 hours prior from the session date the session fee cannot be transferrable as this fee covers all additional costs incurred. This includes but is not limited to cake, balloons, additional props, etc. Please speak to Niki Sprekos should you wish to discuss this.

i. If at any time prior to the shoot, the studio feels that we are not a good fit for the client or cannot deliver on exceptions/client assumptions, the studio reserves the right to cancel the session, and is not obliged to undertake the shoot for any reason. Any paid monies will be refunded.

3) Gift cards | Certificates | Promotions | Wall Art Credit

a. If you have received a gift, it is not necessary for you to pay the session fee as this is covered by your certificate.

b. However please be respectful of our time. If you cancel or change your shoot date without adequate notice (24 hours at least), it is at the discretion of the studio as to whether you will be required to pay the booking/session fee when rescheduling your shoot. If in doubt, please check.

c. If you just disappear and don’t communicate with us after booking a session, you forfeit your gift card.

d. If any promotions arise where we are offering a discounted rate, this shall not apply to current booked sessions, or sessions that have been prepaid. Offers may not be used in conjunction with other offers. Offers are not redeemable for cash or products.

e. Wall art credit can only be applied to any collection, framed canvas, canvas glass frame or wood mounts in the online shop. In addition wall art credit the following applies:

i. Credit will only last 6 months from the date of the session. Should you want an extension a discussion and agreement can be made with the studio;

ii. Credit cannot be used in conjunction with any other special offer or sale.

iii. Credit provided cannot be stacked from a credit left over from any other session.

iv. Any wall art credit used to purchase products will not be ordered unless full payment is made. Should the client want a payment plan, this must be arranged with the studio.

4) Re-shoots | attendance | photography

a. Re-shoots are at the discretion of the studio and are not given for regretful personal choices such a hair and clothing, props, or for non-compliant children on the day of the session.

b. To avoid disruption to the photographic coverage and to allow the studio to fulfil its agreed duty, other photography, videography etc by family/friends during the shoot is not permitted. If you wish to record your session for prosperity reasons, please discuss this with your photographer.

c. I/we agree that the minor/s will at all times be under our constant supervision and that we are responsible for the minor at all times.

d. Attendance at your photo session is limited to those individuals being photographed. In the case of children and newborns, attendance is limited to 2 parents only (if more parents or grandparents are wishing to attend please discuss this with the studio). Siblings are welcome if they are to be photographed as well. In order to minimise distractions and ensure a more productive and successful session it is recommended that the number of persons present be kept to an absolute minimum.

5) Health & Safety

a. The Studio is bound to the recommendations set out by the Victorian Health Department. The Studio has an exclusion policy for studio-based sessions of 48 hours following gastroenteritis, vomiting, viral infection or any other type of transmittable illness to ensure the studio and other clients are not placed at risk. The session fee is forfeited by the Client in the event of cancellation. Niki Sprekos Photography reserves the right to deem the session complete in accordance with the terms of our cancellation policy should anyone attending present with symptoms of illness.

b. The Photographer adheres to best industry practice for newborn safety. Posed newborn sessions shall be performed by a Photographer trained in newborn safety and posing. The Photographer shall assess potential risks prior to posing newborn subjects and will not undertake select poses if the subject cannot be settled to an acceptable safety level.

c. Children must always be accompanied by their parent/legal guardian and be closely supervised. Children are not permitted near the Photographer whilst they are working with a newborn or near props and equipment unless it is under close supervision to have their photograph taken.

d. It is the clients responsibility to inform the studio of any allergies to ensure that these are not brought into the studio or in a products during the sessions (for example cake smash ingredients or bath products).

e. If you have a cake smash session, you agree to release Niki Sprekos and Niki Sprekos Photography from any illness or reactions, medical bills or other, caused or arisen from consuming ingredients provided during the session. We will gladly provide you with a list of ingredients used prior to your session, if requested.

6) The process | Payment | Payment Plans

a. We endeavour to provide a ‘sneak peek’ or ‘video’ of your session via our social media platforms and blog, however as the studio has become busier, this ‘sneak peak or video’ is only given when time permits.

b. 4-5 weeks after your photography session, should you have not purchased the top package with all images, we will place all unedited low resolution, watermarked images onto our online gallery platform which is password secured. You will be expected to finalise your order at this time, so we request that all decision makers are present during that time.

c. The package that you select at the time of your booking are final. Under absolutely no circumstances do we refund or downgrade any part of your placed order. Invoices created are absolutely final. We do not have a cooling off period for orders placed. You are entitled to upgrade your package after viewing your unedited watermarked gallery and are not locked in to that package but you cannot downgrade.

d. If you are entering into a payment plan you also understand your images are not available for immediate viewing or download until all monies are paid.

e. You agree that you have received, read and understand the studio’s price list which will remain as the price list for your session, even if the studio’s prices increase between payment of your session fee and your shoot. It is agreed that you will be offered additional product and prices if they happen to change during this time, but only if they benefit you, the client. The session fee does not transfer to subsequent shoots in the years to come.

f. You agree that ALL interested parties have received, read and understood the studio’s price list. This means that all financial decision makers in relation to your session are fully aware of the price list associated with your session PRIOR TO BOOKING. You understand that it is our goal to create images that you simply can’t live without. Please prepare yourself to LOVE all of your images and budget accordingly.

g. Purchasing products – Please note that any products ordered online are not ordered from the supplier until full payment is made. We pride ourselves on fast service. When you place any product order including prints, frames, etc once payment is made, these orders are processed immediately. By choosing your items, placing your order, making payment, we understand that you have made the right decision both from a styling and financial point. You cannot make changes or cancel this order once it is processed and paid.

h. It is not our obligation to question your financial decisions at the time that you place your order and make payment.

i. If you are entering into a payment plan you also understand your products are not ordered until all monies are paid. In addition should you cancel any order a $100 fee will applied and taken off money received.

7) File security and back up

a. Between your shoot and finalisation of your order your images are fully backed up and secured as adequately as possible both onsite and off.

b. Images are kept by the studio for 9 months days from the date of your photography session. During this time you view your images online and make your selections and purchase. You must enter into a payment arrangement if you wish to secure your images online after the session.

8) Download | Collection

a. Between your shoot and finalisation of your order your images are fully backed up and secured as adequately as possible both onsite and off.

b. All packages include digital files. These files are to be digitally downloaded and stored by the client. Storage of these files are at the discretion of the client and not the responsibility of the studio. Please ensure you save a make copies of these files as you see fit. Once your images are delivered they are your responsibility to preserve.

c. Please note that should you purchase a USB with your images that this is not a storage device. It is a delivery device only. They are handy if you would like to print your files in stores, but please do not leave them on your USB long term as most USBs have a life span of just a few years. Once your images are delivered they are your responsibility to preserve.

d. Your ordered products will be ready for collection within 4-6 weeks (depending on your order). We will contact you to arrange a convenient time for you to collect your order from Niki Sprekos Photography’s Studio. The studio will communicate with you in the event that delays are incurred due to suppliers.

e. Should you wish products to be delivered directly to your home, please discuss this with the studio. Please note that the studio is not responsible for any products that get damaged in the delivery process as it is the responsibility of the driver/postage service. This is why we encourage all client to collect products from the studio.

9) Refunds

a. Due to the custom nature of our products, we cannot offer a refund or exchange on items once the order has been placed with our suppliers. If the product is damaged or faulty we will do our absolute best to make good or replace the faulty or damaged product. If we are unable to do this, we will provide a refund. Where are refund is given, this will be returned via the payment method in which it was made (credit card/stripe/direct transfer etc) and is subject to fund transfer times depending on the bank/institution. Refunds will be provided upon the return of the damaged/faulty goods. Gift cards or vouchers are not redeemable for cash.

b. Your non refundable session fee is due at the time of booking to secure your date.

c. No refunds will apply to cancelled sessions.

d. No refunds will apply to pre purchased gift vouchers under any circumstances. Due to the custom nature of photography, strictly no refunds on either your session deposit, or your order total will be issued. This includes any prepayment of any funds that occur before the booked session itself.

e. Clients that attend their photography session in a disorderly state, or show disrespect to Nik Sprekos and her photography equipment will result in cancellation of the session immediately. No refund will be issued as per the cancellation terms.

f. The package that you select at the time of your booking are final. Under absolutely no circumstances do we refund or downgrade any part of your placed order. Invoices created are absolutely final. We do not have a cooling off period for orders placed. You are entitled to upgrade your package after viewing your unedited watermarked gallery and are not locked in to that package but you cannot downgrade.

10) Editing | Design | Personal Appearance

a. The images will be fully processed and finished after you have selected and paid for your package either before or when viewing on your online gallery. When purchasing digital files, Jpeg images are provided, we do not provide access to RAW files.

b. Photographs shall have standard natural skin image editing (including: light skin retouch, light and colour adjustment, blemish removal and correction to zoned areas of newborn skin heavily saturated in magenta) consistent with the style contained in the portfolio of the Photographer.

c. The Photographer does not undertake fashion editing or glamour editing. The Photographer does not undertake photo manipulation or body sculpting and shall not alter personal presentation unless requested in writing by email prior to the session.

d. The Client will be responsible for communicating any insecurities in relation to personal appearance prior to the session to enable the Photographer to provide recommendations on wardrobe selection and styling.

e. Any additional editing or revisions requested by the Client will incur an editing fee (depending on the type of edit) in advance of additional work commencing.

f. Personal Appearance: The Photographer shall not be responsible for personal appearance of the Client. Hair, make-up, nails, wardrobe imperfections, the visibility of undergarments, fluff on clothing, personal accessories, personal presentation in a pose, mannerisms or expressions is the responsibility of the Client.

g. The Photographer is unable to replicate the editing style, lighting and look of another photographer and is unable to re-create you to appear differently to how you actually present in person. The Client accepts that all photographs will be taken and edited at the discretion of the Photographer based on the experience and artistic view of the Photographer. The Client accepts responsibility for viewing the portfolio of the Photographer and ensuring Niki Sprekos Photography style of photography is to personal taste prior to booking.

h. Custom designed products such as Birth Announcement cards etc are priced to include 2 round of changes. Any changes to the original designs over and above 2 round, will incur a $50 re-design fee.

i. Custom designed products such as Albums are priced to include 3 rounds of changes. Any changes to the original designs over and above 3 round, will incur a $50 re-design fee.

11) storage | maintenance

Handling, storage and maintenance of your portraits are the clients responsibility. MAKE SURE YOU BACK UP YOUR DIGITAL FILES. Handle your prints with extreme care. Damage incurred as result of improper handling, framing or hanging is the responsibility of the client. Please be aware that light impacts everything – white frames will colour over time and black frames may fade slightly, even though they are of the highest quality. We cannot guarantee that a white frame purchased today will match exactly a white frame purchased 5 years ago.

12) monitor calibration

Clients are to be made aware that there may be slight colour differences between what they view on their home computer compared to what is printed. This is due to the differences in monitor calibration. All monitors used by the studio are fully calibrated and are matched to the profile of our professional labs. This colour variation also applies to press printed products such as greeting cards. In short, if you print from Big W and they don’t look the same as from a pro-lab, it is due to the poor quality of the print, not the digital file provided by the studio.

13) prizes

a. All prize giveaways are subject to our standard terms and conditions as listed here.

b. the studio reserves the right to cancel prize giveaways at any time for any reason.

c. By attending your photography session it is taken that you agree by the terms set out here in.

14) Failure to Perform (Force Majeure):

a. If the studio cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority, national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to studio/photographers illness or injury, whether or not foreseeable (“Force Majeure Event”), then the studio will give notice to the Client as soon as reasonably practicable after the studio determines that a Force Majeure Event will or may prevent the studio from performing under this Agreement. The studio shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but the studio may, in the studio’s discretion, work with the Client to find an alternative date for the session that is suitable to both Client and the studio.

b. To the extent the Parties cannot agree on a suitable replacement date consistent with the studio’s availability, the studio may also, in its sole discretion, refund fees paid to the studio under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by the studio) already performed by the studio related to the session, including, but not limited to, pre-shot communications, development of timelines, and preparation of products/cake/props for the session. In the case of a Force Majeure Event, the studio shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.

15) Acts of god

a. The studio shall carry out this agreement with due and professional diligence. Elements beyond the studio’s control include faulty material, equipment failure, failed hard drives and back ups. Every effort to ensure the safety of your precious images has been taken including off site storage and backups.

b. However in the case of the above the studio shall not be liable for its complete performance of the agreement and liability shall be limited to a refund of any money paid under this agreement which shall be full and final satisfaction of any damage or loss suffered.

c. The Photographer/studios entire liability for any claim, loss, damage, or injury arising under or relating to this agreement is limited to the fees paid by the client for the service. In no event shall the photographer/studio be liable for special, incidental, consequential, or punitive damages, even if the client informs the photographer of circumstances that would give rise to such damages.

d. This also pertains now or at any time hereafter with the respect to or in any way connected with the clients (including any minors) attending and participating in the photographic session.

Thank you we are really looking forward to working with you and your family.

If you have any questions at all regarding this agreement, please call the studio on 0408 114 414 or email us at mail@nikisprekosphotography.com.au

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