Terms and Conditions:

1. Mystique Photography Studios {"Jocelyn Searle"} hereby agrees to perform photographic services for the Client at the Portrait Session specified above in a professional, workmanlike manner according to the prevailing standards in the industry. Mystique Photography Studios maintains discretion with which Photographic Specialist will perform the Portrait Session on the day (subject to change), and may employ one or more assistants. In signing this agreement the Client authorizes Mystique Photography Studios to arrange the photography in accordance with the details provided and agrees that they are satisfied that the details are correct. The client also agrees that they are informed of the current prices.

2. Term.

The term of this Agreement shall commence upon the execution of this Agreement and shall terminate upon the Photographer’s delivery of the final package to the Client unless terminated earlier as provided herein. 

3. Sitting Fee. (Only applicable for paid sessions)

• A non-refundable Sitting Fee of a value stipulated in prior correspondence is due upon execution of this Agreement to secure the date of Photography. When the payment of the sitting fee is received, the date is confirmed and the Photographer commits to being available to the Client on that date (subject to the cancellation of this agreement). In the event that the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation to attend the Portrait Photoshoot.

4. Payment. (Only applicable for paid sessions)

  • Where applicable, payment for the minimum package option is required prior to the delivery of the Online Viewing Gallery. Due one day after photography, payment must be received prior to the release of the gallery for selection.
  • Client purchase decisions are required at the time of the Viewing Appointment, or while the Online Viewing Gallery is open.
  • Final payment of the balance due for the chosen Client Package shall be received prior to the delivery of the 'Final Purchase'.
  • Final payment of additional services and packages shall be received prior to the ordering of products and delivery of client package. In the event that the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money.
  • Payment plans: are to be entered into at the photographer's discretion, for a $50 administration fee, the agreed timing of the plan is to be honored or an additional $50 administration fee will apply for every additional month beyond the agreement.

5. Portrait Session Changes.

Client Changes:

  • The photographer must be notified in writing via email immediately of any changes in schedule or location, at least seven 7 days in advance of the scheduled Portrait Session date. In this instance, the Photographer shall be entitled to 50% of the Sitting Fee as liquidated damages for having to reschedule the Portrait Session. The remainder of the Sitting Fee shall be applied toward the new date, but the Client shall be responsible for making up the deficiency retained as liquidated damages. If the Portrait Session time is changed within 7 days or missed without prior communication, the photographer shall be entitled to 100% of the Sitting Fee.

Photographer Changes:

  • The photographer may change the date of the session with agreement from the client prior to the date.+

6. Cancellation.

Client Cancellation:

  • In the event that the Client cancels the contracted services for photography outlined in this contract before the booking date takes place, the Sitting Fee will be forfeited.
  • In the event that the Client cancels the contracted services for photography outlined in this contract prior to 30 days before the Portrait Session date, any additional money paid in excess of the Sitting Fee will be retained by Mystique Photography Studios as a 'credit' for future photography services, to the value of money paid. This 'credit' must be used within 6 months from the date of cancellation unless otherwise agreed.
  • In the event that the Client cancels the contracted services for photography outlined in this contract less than 30 days before the Portrait Session date, 50% of the additional money paid in excess of the Sitting Fee will be forfeited by the Client. The remaining balance will be retained by Mystique Photography Studios as a 'credit' for future photography services, to the value of money paid. This 'credit' must be used within 6 months from the date of cancellation unless otherwise agreed.
  • In the event that the Client cancels the contracted services for photography outlined in this contract less than 7 days before the Portrait Session date, all of the additional money paid in excess of the Sitting Fee will be forfeited by the Client.

Photographer Cancellation:

  • In the event the Photographer is required to cancel the contracted services, all additional money paid in excess of the Sitting Fee will be retained by Mystique Photography Studios as a 'credit' for future photography services, to the value of money paid. This 'credit' must be used within 12 months from the date of cancellation unless otherwise agreed.

7. Delivery & Viewing Appointment.

  • Images for selection will be delivered by Online Viewing Gallery. The usual expectation is for the gallery to be delivered within 14 days. This depends on seasonal factors and workflow. At times it can take longer. Due to the creative nature of the image retouching process, galleries take time to perfect.
  • A Viewing Appointment can be made available for the Client to view images in person at the Mystique Photography Studios space for final selection. This appointment can take up to an hour and can be made any time after the acceptance of this agreement. You must advise if you would like a Viewing Appointment by email prior to your photography.
  • Final Purchase galleries are delivered by Online Gallery from which high-resolution digital images can be instantly downloaded. The photographer aims to deliver this gallery within 3 business days.
  • The photographer aims to deliver any additional Client Package within 28 days (subject to workflow) of final payment.

8. Copyright.

All photographs taken by Photographer at the Portrait Session in whatever form, are copyright-protected and Photographer retains copyright. Any copying, scanning, reprinting, duplicating, or altering of the photographs taken by the Photographer, without the Photographer’s express written permission is a violation of federal copyright law.             • Images purchased by the client in this agreement are permitted for any personal use including social media and printing however, they are not to be further retouched in any way. The use of ‘filters’ is prohibited. All images used online require credit to Photographer.                                                                     • All images used by the Photographer in business marketing material and social media including 'sneak peeks' are copyright-protected even if there is no watermark. Images cannot be copied from the Photographer’s website or social media accounts and used in any way without expressed permission from the Photographer. On social media accounts 'Tagging' is allowed to link a person to an image. Only images that have been purchased and used from a provided digital download file can be used for domestic purposes in social media, reprinting, or any other use. Copies of prints are not permitted for use for any purpose.                                                  

 • Images provided in an online viewing gallery for viewing purposes with a watermark are examples only – they are not to be used in any way other than to create a selection for purchase. Screen-grabbing is strictly prohibited.

 9. Image Management.

  • Only approved images by the Photographer from the Portrait Session will be added to the final gallery. These images are the body of work created by the Photographer at the sole discretion of the Photographer. No RAW images are ever provided – taking raw images forms only one step of the process to create professional images and are therefore not finished until they are optimized and converted to JPEG.
  • Photographers shall individually edit, optimize, color-correct, enhance, and retouch the images taken at the Portrait Session to style. The photographer has complete discretion in that process which varies for every Portrait Session.
  • Additional Retouching beyond the standard processing provided by the Photographer is available at $150 an hour, available on request.

10. Final file Management and Storage.

• Photographer shall take all reasonable steps to protect the images that are recorded until such time as the final High-Resolution JPEG images are delivered to the Client. Once the final High-Resolution JPEG images have been delivered, the Photographer shall have no further obligation to preserve the images, regardless of the form of media in which they are stored. Clients are strongly advised to make appropriate copies and back-ups of images using best practice methods for file storage once they are delivered for safekeeping.             

• The Photographer may keep a copy of the Selection Gallery of images on file for a period of 12 months for re-orders. This happens for most sessions but is not guaranteed.        

• The Photographer has no control over the environment in which the photographs are kept and advises that color photographs, in common with all sensitized material and color dyes, have limited life expectancy which is minimized when exposed to strong and prolonged sunlight, heat, or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions.

11. Price Protection.  

Photographer warrants all prices quoted for Portrait Session images are valid for a period of 28 days following the Portrait Session. Orders placed after such period are subject to Photographer’s published pricing at the time of the order's placement. 

12. Model Release.

Client agrees that Photographer may use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. All adults participating in the Portrait Session agree by signing this agreement that the Photographer may use images of them from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Parents/guardians of minors participating in the Portrait Session Agree through signing this agreement that the Photographer may use images of them in the form of any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. 

13. Termination:

The Client is responsible for their conduct and the conduct of those people present at the Portrait Session. Photographer reserves the right to immediately terminate this agreement at any time due to misconduct of any nature (including but not limited to (i) unsafe conditions, or (ii) objectionable or illegal acts) by the Client at any time, and of any person at the Portrait Session. If the conduct of any person damages the equipment of the Photographer, it may result in the early or immediate departure of the photographer and termination of this agreement. The Client will be responsible for the costs of any repair or replacement. Termination by the Photographer results in no further obligation from the Photographer. The Client understands that in such an event, all money paid is forfeit. 

14. Exclusivity.

The photographer retains the right to be the sole photographer at the Portrait session. No other photography is permitted on any device, including mobile phones, at any time. The Client understands that in such an event, no refunds will be granted. Mobile Phones are strictly not permitted in the Photographer’s studio space. 

15. Jurisdiction. 

The state and federal courts serving Queensland, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts. 

16. Attorney’s Fees. 

The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from the non-prevailing party. 

17. Assignment. This Agreement may not be assigned. 

18. LIMITATION OF LIABILITY. 

PHOTOGRAPHER’S 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 SERVICES. IN NO EVENT SHALL THE PHOTOGRAPHER 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.

19. Non-Guarantee:

The Photographer shall carry out this assignment with due and professional diligence. Elements beyond the Photographer’s control include; faulty material, equipment failure, loss of digital files in transit, loss or damage to digital files and proofs during processing either by the Photographer or professional laboratories employed by the Photographer, civil disturbances, or weather conditions which may inhibit or prevent the Photographer completing in whole or in part this assignment. In this case, the Photographer shall not be liable for the complete performance of the assignment. Reasonable alternatives will be provided by the Photographer to the Client to complete this assignment, including but not limited to, providing the opportunity for a new Portrait Session. 

20. Performance:

The performance of this contract on behalf of the Photographer shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control. In the event of performance impacted by these circumstances, the sitting fee is forfeited, and the Photographer agrees to allocate all money paid for photography over the sitting fee to a credit for future photography services to the value of money paid, to be used within 12 months of the event date. 

21. Sever-ability: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

22. Amendments: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated, and signed by the Client and Photographer at the time of acceptance of this contract shall be recognized as amendments to this contract.