Benjamin Baker Photography Services Terms and Conditions.
1. Booking Fee and Payment
A non-refundable booking fee, as specified in the photography contract or invoice, is required to secure the session date and retain the Photographer’s services. No booking is confirmed until the booking fee has been received.
The remaining balance must be paid by the due date stated in the contract or invoice. Failure to pay may result in cancellation of services.
2. Cancellations and Rescheduling
All cancellations or requests to reschedule must be made in writing via email.
- Cancellations more than fourteen (14) days before the scheduled session may transfer the booking fee to a new date at the Photographer’s discretion.
- Cancellations within fourteen (14) days may result in forfeiture of payments made.
If the Photographer is able to rebook the date, a partial refund may be offered at the Photographer’s discretion.
3. Australian Consumer Law
Nothing in this Agreement excludes, restricts, or modifies any rights or remedies available to the Client under the Australian Consumer Law or any other applicable legislation.
Where liability cannot be excluded but can be limited, the Photographer’s liability is limited to the resupply of the services or the reasonable cost of having the services resupplied.
4. Copyright and Ownership
All images and photographic materials, including RAW files, negatives, digital files, and edited images, remain the exclusive property of the Photographer.
Copyright remains with the Photographer in accordance with the Copyright Act 1968 (Cth).
The Photographer may use images for portfolio display, marketing, competitions, exhibitions, advertising, and professional self-promotion unless the Client requests otherwise in writing prior to the session.
5. Client Usage Licence
The Client is granted a non-exclusive, non-transferable licence to use delivered images for personal, non-commercial purposes only.
Images must not be sold, licensed, altered, or used commercially without prior written permission.
Credit to the Photographer should be provided when images are shared online where reasonably practicable.
6. Social Media and Online Use
Images supplied by the Photographer are provided for personal, non-commercial use only. When sharing images online or on social media platforms, the Client must not edit, filter, recolour, crop (other than standard platform sizing), manipulate, or otherwise alter the images in any way that changes the Photographer’s original work.
Where reasonably practicable, the Client agrees to credit the Photographer by tagging or naming benjaminbakerphotography.com or Benjamin Baker Photography when publishing images online.
The Client agrees to take reasonable steps to ensure that family members, guests, and third parties who receive or share the images also comply with these conditions.
The Client further agrees not to use the images or associated content in any manner that is defamatory, misleading, unlawful, or likely to harm the reputation or business interests of the Photographer. Nothing in this clause limits the Client’s rights to provide honest reviews or feedback in accordance with Australian law.
7. Failure to Perform
If the Photographer cannot perform the services due to circumstances beyond reasonable control (including but not limited to illness, injury, accident, equipment failure, severe weather, venue restrictions, or other force majeure events), the Photographer will:
- reschedule the session where possible, or
- refund monies paid for undelivered services.
No further liability applies.
8. Limitation of Liability
To the extent permitted by law, the Photographer is not liable for:
- indirect or consequential loss,
- loss of profits or opportunity,
- guest interference or venue restrictions,
- equipment or technical failure beyond reasonable control.
Total liability is limited to the total amount paid by the Client under this Agreement.
9. Image Delivery Specifications
High-resolution images are defined as approximately 300 DPI with a minimum of 3000 pixels on the longest edge unless otherwise specified.
10. File Storage and Archiving
Client files are stored for up to two (2) years from the session date. After this period, files may be permanently deleted without notice. The Client is responsible for backing up delivered images.
11. Safety and Responsibility
The Client is responsible for the supervision and conduct of all participants, including children and guests.
The Photographer accepts no liability for injury, accident, or property damage occurring during the session unless caused by the Photographer’s proven negligence.
12. Other Photographers
No other professional or paid photographers may provide services at the same time without prior agreement. Guest photography must not interfere with the Photographer’s work. Interference may result in compromised images for which the Photographer is not responsible.
13. Artistic Style
The Client acknowledges that the Photographer’s style and editing approach are artistic and subjective. The Photographer retains creative control over all images delivered.
Shot lists are welcome but not guaranteed due to time, venue, or practical constraints.
14. Editing and Retouching
Standard editing includes exposure, colour correction, and light retouching.
Advanced or additional retouching is charged separately at rates agreed in writing.
15. Appearance and Presentation
The Photographer is not responsible for hair, makeup, wardrobe, or personal presentation issues unless services are included in the booking.
16. Communication
All official communications, including changes to dates or locations, must be made via email. The Photographer is not responsible for missed messages sent solely via SMS or social media platforms.
17. Cooperation
The Photographer is not responsible for obstructed or compromised images due to guests, flashes, vendors, venue staff, or other external factors.
18. Governing Law
This Agreement is governed by the laws of the State of Queensland, Australia. Any disputes shall be subject to the jurisdiction of Queensland courts.
19. Acceptance of Terms
By paying the booking fee, signing a contract, or attending a photography session, the Client confirms they have read, understood, and agree to these Terms and Conditions.
Revised 03/03/2026