Booking Terms & Conditions
Copyright
Sherbet Birdie holds full copyright to the images resulting from this photography services contract.
Sherbet Birdie reserves the the right to use any photographic images of the client for marketing, advertising, promotions and or other commercial purposes, unless otherwise agreed upon.
Sherbet Birdie does not take any responsibility for images obtained by illegal means by a third party (i.e copied online etc)
Sherbet Birdie photographs will place a logo on each web-quality image in an unobtrusive manner to further secure copyright and to credit Sherbet Birdie as the creator of the images.
Photography prints supplied by Sherbet Birdie may not be scanned, copied, or reproduced in any way, and doing so will constitute an illegal breach of copyright.
Client usage
The right to use images for promotional and commercial purposes is transferred to the client by Sherbet Birdie upon purchase of images.
The client is obtaining prints for personal use only, and shall not sell said prints or authorise any reproductions thereof by parties other than the photographer.
If the client is obtaining a print for reproduction, photographer authorises client to reproduce the print only. In such event, client shall request that a copyright and credit notice for the photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
Social media
This clause applies to all use on social media, including Facebook, blogs and Instagram.
When published online it is required that citation of photographer be made.
The client agrees that they will under no circumstance alter any photographs that are placed in public on the internet including filters.
The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot alter in colour or edit in any way.
Gift Certificates
Only the Sherbet Birdie Studio operating under licence may issue Sherbet Birdie gift certificates.
Your Sherbet Birdie gift certificate entitles you to a photoshoot session.
The dollar value may be used as credit towards any photo shoot style of your choosing regardless of the type that has been gifted to you.
The expiry date is the final date for you to have your session. After that date your certificate is no longer valid. Gift certificates expire 3 years from the purchase date.
A Sherbet Birdie gift certificate is non-refundable, and cannot be redeemed for cash.
Booking Policy
A booking fee is required at the time of booking. This payment is non refundable.
Your session is not confirmed until this payment is made.
Receipt of your booking fee is confirmation of your booking.
Payments can be made over the phone using any major credit card, bank transfer, cash, PayPal or setting up a payment plan via Ezidebit.
Cancellations
Booked sessions may be rescheduled one time only with 28 days notice.
Rescheduling is not possible within 28 days of your photoshoot date and is considered a cancellation unless Sherbet Birdie agrees otherwise.
We understand unavoidable circumstance may arise, however, regardless of the circumstance, cancelling or rescheduling within a 28 day time frame or failure to attend your booked session will result in no refunds unless Sherbet Birdie agrees otherwise.
Refund Policy
We will not refund any booking fees, nor accept the return of/refusal to pay charges for any photograph supplied either in print or digital format.
No exceptions can be made and photographer cannot be held responsible for individual tastes or exceptions.
Once an order has been placed, we will not offer a refund.
We may at our discretion allow you to order a different product with the same value.
Payment Plans
The client authorises EziDebit Pty Ltd to make periodic debits on behalf of Sherbet Birdie, and understands that their personal information will be shared with Ezidebit in order to set up their payment plan.
All instalments must be paid on or before the scheduled date.
Sufficient funds are to be available at 00.00am on each debit date in the nominated account to meet the instalment payment.
Should you default on a scheduled payment a fee of $21.90 will be charged to your account, and a re-debit will be attempted after three business days of the the original debit date.
Sherbet Birdie is not liable for any miscalculations or errors made by EziDebit.
You may change your debit amount or frequency by notifying Sherbet Birdie in writing with 72 hours notice during Sherbet Birdie business hours.
You may pay your balance or make lump payments at any time during your payment plan.
You must inform Sherbet Birdie within 7 days of any changes to your account or card details.
If the card used is lost, stolen or expired, you must supply Sherbet Birdie with account or different card details until you have received your new credit card. In such case, payment plans will only remain on hold for 2 weeks until a client has received their new credit card.
You must inform Sherbet Birdie of any change of financial circumstance that will impact your ability to make your repayments.
If the Client does not meet the terms of the agreed payment plan period, and an alternate payment arrangement has not been agreed to by the Photographer, then the Photographer has the right to charge an additional 35% fee of the outstanding balance to manage debt collection agency fees.
Prices
All services and/or goods are supplied at the current prices ruling a the time of supply and are subject to change without prior notice.
Offers and discounts can only be redeemed on booking and not retrospectively, and new promotions/discounts cannot be claimed against existing bookings.
An additional charge is applied to all additional print orders.
All prices are inclusive of GST.
All orders are subject to a minimum of $1,947 per client excluding the photoshoot price. Excluding our annual $1499 Themed Photoshoots.
Re-print Orders
All re-orders shall be treated as an extension of this contract. No responsibility of error will be accepted if orders are given in writing.
Failure to perform
If the photographer cannot perform due to fire or other casualty, strikes, illness or other cause beyond the control of the parties, the photographer shall return any funds previously paid by the client but shall have no further liability with respect to this 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.
The photographer shall not be liable for any amount in excess of the retail value of the clients order.
Liability
Sherbet Birdie keeps client files up to 6 months after the photography session and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
It is a client’s responsibility to take care of children or pets attending the photo shoot session. Sherbet Birdie will not accept any responsibility due to any accident to children or pets.
Clients are responsible to pay for any damage that may be caused by themselves, their children or pets to the value determined by Sherbet Birdie.
Clients will be charged a dry-cleaning fee, at the photographers discretion if the client fails to wash hair, wear antiperspirant deodorant, or demonstrates a general lack of personal hygiene that results in the costume having to be dry-cleaned.
It is understood that no other photographer or person shall be allowed to photograph in the studio whilst the client is in set.
A client may take personal photos in areas of the studio except when in or in front of set.
The client understands that all photographs will be taken and edited at the photographers discretion based on the photographers experience and artistic view.
A client has the right to ask for up to two sets of specific changes once they have received their proofs before final photos are released. For any additional changes, the client agrees to pay a fee unless otherwise agreed upon by Sherbet Birdie.
Once a print order has been finalised, no changes can be made.
Photo delivery
The photographer will endeavour to deliver digital files as quickly as possible, However this could take up to 9 weeks during busy periods.
Digital files are sent to clients via Dropbox. It is the clients responsibility to download and save their files.
Sherbet Birdie is not responsible for lost files.
Printed photographs are sent via a courier service to the clients home for which a delivery charge will be applied.
Sherbet Birdie is not responsible for lost mail due to a third party.
Legal bits and bobs for the Sherbet Birdie website
By accessing and browsing this Sherbet Birdie website (The Site), you accept these Terms of Use as well as our Privacy Policy.
The Site
This Site provides company information about Sherbet Birdie.Compliance with Copyright and Trademark Laws
The elements you see, hear or read on the Site, as well as the Site’s form and substance, are subject to copyright protection. In no event may you use, distribute, copy, reproduce, modify, distort, or transmit the Site or any of its elements, such as text, images or sounds, without the prior written permission of Sherbet Birdie. Trademarks, service marks and logos (collectively the “Trademarks”) displayed on the Site are the property of Sherbet Birdie or are displayed by Sherbet Birdie with authorisation from third parties. No licence or right pertaining to any of these Trademarks shall be granted without the written permission of Sherbet Birdie or such other parties who may hold Trademarks displayed on the Site. Sherbet Birdie reserves the right to legally enforce any infringement of its intellectual property rights, including seeking criminal prosecution.Images Displayed on the Web Site
The images or photographs of people or places displayed on the Site are either the property of, or used with permission of a third party by Sherbet Birdie. The use of these images or photographs is prohibited unless specifically authorised by Sherbet Birdie or the third party. Any unauthorised use may violate copyright laws, trademark laws, the laws of privacy and publicity, or any other communications regulations.General Warning
Sherbet Birdie shall not be responsible for any damages arising out of your access to, or use of, the Site, including any deterioration of, or viruses that may infect your computer equipment or any other property. While Sherbet Birdie uses reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to accuracy. Sherbet Birdie assumes no liability or responsibility for any errors or omissions in the content of the Site.Limitation of Liability and Indemnity
Neither Sherbet Birdie nor any other party involved in creating, producing, or delivering the site shall be liable for any direct, indirect or other damages arising out of your access to, or use of, the Site. You agree to indemnify, defend and hold Sherbet Birdie, affiliates, and their respective directors, officers, employees, agents, licensors, or any person or entity involved in the creation, production, and distribution of the Site, harmless from, and against, any and all claims, liability, losses, costs and expenses incurred in connection with any breach by you of these Terms of Use or resulting from, or in connection with, your use of this Site.Links to Other Sites
Sherbet Birdie provides links from the Site to other sites of affiliated and non-affiliated companies. Non-affiliated sites are independent from the Site. Sherbet Birdie does not edit or control such sites. Links to such sites shall, in no event, constitute an endorsement by or an association between Sherbet Birdie and such sites and Sherbet Birdie shall not be responsible for any content, products, services, advertising or other matter presented on such sites. We remind you that access to, and use of, any affiliated or non-affiliated sites is subject to their own Terms of Use and privacy policies.Access to the Web Site
Sherbet Birdie reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or interrupt access, in whole or in part, to the Site, including its contents, features, or hours of availability without notice. You acknowledge and agree that in connection with the use of the Site you must provide for your own equipment, at your own cost, necessary to access the World Wide Web.Protection of Personal Information
For more information on our policies with respect to privacy protection, please read our Privacy Policy. Sherbet Birdie affiliate sites may have their own separate privacy policies and practices. You are encouraged to review these other policies to determine how any personal information you provide may be used.Modification of Terms
Sherbet Birdie reserves the right to modify or update the present Terms of Use at any time without notice, so you are encouraged to review them from time to time.