Headshot Photography Questionnaire

Terms and Conditions

These terms and conditions ("Agreement") govern your use of the services provided by One Picture Photography ("Photographer," "we," "us,” “our”), a professional photographer based in Melbourne, Australia. By accessing or using our services, including but not limited to photography sessions, image editing, and delivery of final products, you ("Client," "you," “your”) agree to be bound by these terms and conditions. Please read this Agreement carefully before using our services.

Scope of Services:

1. One Picture Photography provides professional photography services, including but not limited to business headshots, corporate events coverage, editorial work, and corporate branding photography.
2. The specific details, pricing, and project-specific terms and conditions will be outlined in a separate agreement ("Project Agreement", “Photography Brief”, “Photography Contract”) for each engagement, which will supersede any conflicting terms in this Agreement.
3. We reserve the right to refuse service to any individual or organisation at our sole discretion.

Booking and Payments:

1. All bookings must be made in advance and are subject to availability.
2. A deposit is payable to secure a booking unless otherwise agreed upon by us and the Client. The deposit amount, if applicable will clearly be specified in the Project Agreement.
3. Payment of remaining or full balances are due within thirty (30) days of the date of final invoice.
4. Payments can be made by cash, bank transfer, credit card or PayPal.
5. In the event of cancellation by the Client in fewer than seven (7) calendar days from the scheduled session date, the deposit shall be non-refundable.

Ownership and Usage of Images:

1. The Photographer retains full copyright and ownership of all images taken during the photography session, including all rights to reproduce, display, and distribute the images unless otherwise agreed upon by us and the Client and clearly stated in the Project Agreement.
2. The Client is granted a non-exclusive, non-transferable license to use the images for their intended purposes, which may include internal business use, marketing, and promotional materials unless otherwise agreed upon by us and the Client and clearly stated in the Project Agreement.
3. The Client agrees not to modify, sell, sublicense, or commercially exploit the images without the Photographer's prior written consent.
4. The Photographer may use the images for self-promotion, portfolio, website, social media, or other marketing purposes, unless otherwise requested in writing by the Client.

Client's Responsibilities:

1. The Client shall provide accurate and complete information regarding their photography requirements, including desired outcomes, locations, and any specific instructions.
2. The Client is responsible for obtaining any necessary permissions, licenses, or consents required for the photography session, including but not limited to location permits, access requirements, site inductions and releases from individuals featured in the images.
3. The Client understands and accepts that photographic results are subjective and may vary due to factors beyond the Photographer's control, such as lighting conditions, weather, and subject cooperation.

Confidentiality and Privacy:

1. We respect your privacy and handle your personal information in accordance with our Privacy Policy, which can be found on our website.
2. The Client understands and agrees that the Photographer may use their images in an anonymised form for educational or promotional purposes, ensuring the confidentiality of any sensitive information.

Limitation of Liability:

1. The Photographer shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided.
2. The Client agrees to indemnify and hold the Photographer harmless from any claims, damages, or expenses arising out of the Client's use of the images, breach of this Agreement, or violation of any law or third-party rights.

Governing Law and Jurisdiction:

1. This Agreement shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of laws principles.
2. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Victoria, Australia.

Amendment and Severability:

1. We reserve the right to modify or amend these terms and conditions at any time. Any changes will be effective immediately upon posting the revised Terms and Conditions on our website.
2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Dispute Resolution:

1. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or the provision of services, the parties shall make reasonable efforts to resolve the dispute amicably through good-faith negotiations.
2. If the parties are unable to reach a resolution through negotiation within thirty (30) days, either party may initiate mediation by providing written notice to the other party. The mediation shall be conducted in accordance with the rules and procedures of a mutually agreed-upon mediation service or mediator.
3. If mediation fails to resolve the dispute within a reasonable time or if either party refuses to participate in mediation, the parties may pursue any other available remedies under applicable law.
4. Any legal action or proceeding arising out of or relating to this Agreement or the provision of services shall be brought exclusively in the courts located in Victoria, Australia. Each party hereby submits to the jurisdiction of such courts and waives any objections to the laying of venue in any such action or proceeding.

Satisfaction Guarantee:

1. We are committed to providing high-quality services and ensuring your satisfaction with the final results. If, for any reason, you are not completely satisfied with our services, you must notify us within seven (7) days of receiving the final images.
2. We will make reasonable efforts to address your concerns and resolve any issues promptly. If we are unable to meet your expectations and you are dissatisfied with the final results, we will provide you with the option of a reshoot or a refund of the fees paid for the specific service in question.
3. To qualify for the satisfaction guarantee, you must adhere to the following conditions:
   1. Read and signed off on the project-specific terms and conditions which were outlined in the Project Agreement.
   2. Notify us within the specified time frame mentioned in point 1.
   3. Provide specific details regarding your concerns or issues you have with the final images.
   4. Cooperate with us in good faith to find a mutually agreeable resolution.
4. If a resolution cannot be reached and a full refund of the project fee is issued, this hereby voids any image ownership and usage rights issued by us to the Client at the time of image or project delivery.

By engaging our services, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions. If you have any questions or concerns, please contact us for clarification before proceeding.

Privacy Statement - One Picture Photography

At One Picture Photography, we are committed to protecting the privacy and security of your personal information. This Privacy Statement outlines how we collect, use, disclose, and store the information you provide to us. We comply with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) and the Spam Act 2003.

Collection of Personal Information:

We may collect personal information from you when you interact with us, such as when you fill out forms, communicate with us via email, or engage in other forms of communication. The personal information we collect may include your name, contact information, and any other details you provide to us voluntarily.

Use of Personal Information:

We may use the personal information you provide to us for the purpose of marketing, including sending promotional materials, updates, and special offers related to our services. However, we will only send electronic messages in compliance with the Spam Act 2003. If you no longer wish to receive marketing communications from us, you can unsubscribe using the instructions provided in our communications.

Disclosure of Personal Information:

We may disclose your personal information to third-party service providers who assist us in carrying out our business activities, such as email marketing platforms. These service providers are bound by confidentiality obligations and are prohibited from using your personal information for any other purpose.

Sensitive Information:

One Picture Photography does not collect or store sensitive information such as racial or ethnic origin, political opinions, religious beliefs, or health-related information. Please refrain from providing such sensitive information to us.

Use of Images:

We may showcase our work and services on our website or in our marketing materials, which may include images of individuals. Unless we receive a written request not to use images in which you appear, we may include images of you that were captured during our engagement. If you wish to request the removal of an image in which you appear, please contact us using the details provided below.

Data Security:

We take reasonable measures to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. However, please note that no data transmission over the internet or storage system can be guaranteed to be 100% secure.

Retention of Personal Information:

We will retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including any legal or regulatory obligations. Customer images will be kept for a period of 5 years from the date of collection.

Access and Correction:

You have the right to access and update the personal information we hold about you. If you would like to review or correct your information or request the removal of an image in which you appear, please contact us using the details provided below.

Consent:

By providing your personal information to us, you consent to the collection, use, disclosure, and retention of that information as outlined in this Privacy Statement.

If you have any questions or concerns regarding our privacy
practices or this Privacy Statement, please contact us using the details below:

One Picture Photography 

Address: PO Box 2137, Essendon West, VIC 3040

Email: info@onepicture.com.au

Phone: 0438 358 418