Terms & Conditions

1. Bookings, retainer fees and rescheduling

A booking is confirmed when ADB Imagery accepts the booking and receives the required 50% retainer fee. The retainer is applied toward the total booking price and reserves the agreed date and time.

If the Client cancels or does not attend, ADB Imagery may retain from the retainer an amount that reasonably reflects work already performed, non-recoverable expenses and loss caused by holding the booking. Any balance will be refunded. This does not limit any rights the Client has under the Australian Consumer Law.

Requests to reschedule must be made as soon as reasonably possible. ADB Imagery may approve a new date and transfer the retainer at its discretion, subject to availability and any project-specific cancellation or rescheduling terms confirmed in writing.

2. Photoshoot sessions

Only the Client and people being photographed may attend unless ADB Imagery agrees otherwise in advance. A child or infant must be accompanied by at least one parent or legal guardian. Parents, guardians and other approved attendees must follow reasonable safety and studio instructions and must not interfere with the session.

Photography, video, audio or other recording by the Client or attendees is not permitted during a session unless ADB Imagery gives prior written approval.

Everyone being photographed must arrive dressed, made up and ready at the scheduled start time. Sessions begin and end at the agreed times. If available, additional photographer and studio time may be purchased in 30-minute increments for $75 per half-hour.

ADB Imagery may pause or end a session where a person is unwilling to be photographed, an attendee behaves in an unsafe, abusive or inappropriate way, or reasonable instructions are not followed. Any reshoot or refund will depend on the circumstances, costs already incurred and the Australian Consumer Law.

The Client is responsible for loss or damage to ADB Imagery's equipment or property caused by the Client or an attendee, except to the extent the loss or damage was caused or contributed to by ADB Imagery.

3. Proofs, selections and payment

Unless otherwise agreed, sessions include a watermarked digital proof sheet. Proofs are provided only to select images for purchase. They must not be copied, edited, published, shared or otherwise used.

Retouching and post-production will begin once the Client has approved the image selections and paid at least 50% of the image order. Selections cannot be changed after editing has begun without ADB Imagery's agreement and may incur an additional fee.

Final images will be delivered after the applicable invoice has been paid in full. Delivery timeframes are estimates unless ADB Imagery agrees to a fixed deadline in writing.

4. Retouching and creative control

ADB Imagery retains creative control over the photographic approach, image selection, colour, retouching and final presentation, having regard to the agreed brief and references. The Client should disclose essential technical, brand and delivery requirements before the session.

ADB Imagery may decline a concept or request that is unsafe, unlawful, discriminatory, misleading, outside the agreed scope or inconsistent with its professional standards. Material changes to the agreed brief may require a revised quote.

5. Digital images, corrections and consumer rights

Because digital files cannot ordinarily be returned once delivered, ADB Imagery does not offer a refund for change of mind after delivery. This does not exclude, restrict or modify any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

If the services or delivered files do not meet an applicable consumer guarantee, the Client may be entitled to a correction, re-supply, price reduction, refund or another remedy depending on the circumstances. The Client should contact ADB Imagery promptly with details of the issue.

6. Copyright and image licences

Unless otherwise agreed in writing, ADB Imagery retains copyright in the photographs and edited images to the extent permitted by law. No copyright is transferred merely because a Client has paid for a session or received image files.

For personal commissions, purchased images are supplied with a non-exclusive, non-transferable licence for personal use, including personal printing and sharing. They must not be sold, sublicensed, used in paid advertising or used to promote a business, product or service without a commercial licence.

For commercial, advertising, promotional, editorial or brand work, the permitted media, purpose, territory, duration, exclusivity and other usage rights will be stated in the quote, invoice or licence. Any use outside that scope requires prior written approval and may attract an additional fee.

Images must not be materially altered, filtered or manipulated without written approval, apart from reasonable cropping required by a publishing platform. Where a credit is required by the applicable licence, the Client must use the credit specified by ADB Imagery.

7. Portfolio and promotional use

ADB Imagery will only use identifiable images of the Client or other subjects for its portfolio, website, social media, exhibitions, awards or advertising where that use is permitted by law and authorised by the relevant written agreement, model release or consent. Consent for promotional use can be discussed before the session. Special rules apply to images of children.

8. Image storage and backups

ADB Imagery takes reasonable care when storing files but cannot guarantee indefinite archival storage. The Client is responsible for downloading delivered files promptly and maintaining at least one secure backup.

Unpurchased proofs and source files may be deleted seven days after the proof sheet is delivered unless a longer period is agreed in writing. Purchased final files may be retained for a reasonable period at ADB Imagery's discretion, but retrieval is not guaranteed. Additional storage, retrieval or re-export work may attract a fee disclosed in advance.

If files are lost before agreed delivery, ADB Imagery will work with the Client on an appropriate remedy, which may include recovery, a reshoot, re-supply or refund, having regard to the circumstances and the Australian Consumer Law.

9. Illness, force majeure and substitution

If illness, injury, fire, flood, extreme weather, government action, transport disruption or another event outside a party's reasonable control prevents the session or delivery, the parties will first try to reschedule or agree on a reasonable alternative.

If ADB Imagery cannot perform the services and no reasonable alternative can be agreed, amounts paid for services not supplied will be refunded, subject to any lawful deduction for agreed work already completed or non-recoverable third-party costs. This clause does not limit rights under the Australian Consumer Law.

Where appropriate, ADB Imagery may propose a suitably qualified substitute photographer. A substitute will only be engaged with the Client's approval. If the Client does not approve the substitute, the rescheduling and refund arrangements above apply.

10. Client-supplied materials and permissions

The Client warrants that it has permission to provide and use any logos, artwork, music, locations, products, designs or other materials supplied for the project. The Client is responsible for obtaining property releases, location approvals and permissions unless the written project scope assigns that responsibility to ADB Imagery.

11. Privacy

ADB Imagery may collect contact, booking, payment and project information needed to respond to enquiries, provide services, manage accounts and comply with legal obligations. Information will be handled securely and only used or disclosed for the purpose for which it was collected, a related purpose the Client would reasonably expect, with consent, or as required by law.

A Client may contact ADB Imagery to request access to or correction of their personal information. Payment card information is handled by the relevant payment provider and is not intentionally stored by ADB Imagery.

12. Competitions and promotions

Each competition or prize promotion will have its own published terms stating the promoter, eligibility rules, entry period, judging or draw method, prize details, notification process, claim period and any permit or authority details required by law. Those promotion-specific terms apply in addition to these terms.

Unless the promotion-specific terms state otherwise, entrants must be Australian residents aged 18 or over, may enter once, and must submit an original and complete entry. Prizes are not redeemable for cash, cannot be used with another offer and are not transferable unless stated otherwise. Entry does not require consent to unrelated marketing.

13. Gift certificates, offers and promotional vouchers

Gift certificates are valid for the period shown on the certificate and for at least the minimum period required by Australian law. Any exception will be clearly stated where permitted by law. Promotional vouchers supplied free of charge may have a shorter stated expiry date.

Unless the certificate or offer states otherwise, gift certificates may be transferred, are not redeemable for cash, cannot be used to buy another gift certificate and cannot be combined with another certificate, voucher or offer. Only one certificate or voucher may be used per booking. Any minimum spend, included product, booking restriction or excluded date will be disclosed with the offer.

Unauthorised reproduction, resale or alteration is prohibited. Nothing in this section limits rights that cannot lawfully be excluded.

14. General

These terms are governed by the laws of New South Wales, Australia. Before commencing formal proceedings, the parties will try in good faith to resolve any dispute directly. Nothing in these terms restricts either party from seeking urgent relief or exercising a right available under applicable law.

If part of these terms is invalid or unenforceable, it will be read down or severed to the minimum extent necessary without affecting the remaining terms. ADB Imagery may update these terms from time to time. The terms accepted for a confirmed booking will continue to apply to that booking unless the parties agree otherwise.