SERVICE TERMS AND CONDITIONS
The Service Provider is RJ Business Systems Pty Ltd ATF R & J De Paola Family Trust T/A Luxury Portraits (ABN 40 751 880 615) of 30 Clarkson Place, Kenmore Hills, QLD 4069 (Our, Us or We)
By engaging with us you agree to these Terms and Conditions.
At your request we will provide the following services (Services):
(a) A photographic session at our studio with you and your partner.
(b) The provision of artwork from the photographic session as requested by you.
(a) Our Services are only available to persons 18 years and over.
(b) By engaging us to provide the Services, you warrant to us that all the persons to be included in the session and the artwork are over the age of 18 years.
(c) Upon request you must be able to show proof of age and residency, e.g. by way of driver’s licence or passport.
(a) Upon making an appointment we will reserve the time and date agreed.
(b each portrait session we close our studio for up to three hours or more to concentrate solely on you and your partner. It allows us to guarantee your privacy and provides an environment where we will create the finest portrait artwork. We therefore request a $50.00 fully refundable appointment fee when you make your appointment. If you need to reschedule your appointment, you must do so by giving us no less than 72 hours notice.
(c) If you do not attend the scheduled appointment or do not reschedule with at least 72 hours notice, the appointment fee will be forfeited.
(a) We reserve artistic control over the design and content of each photographic session.
(b) We may, in our discretion, decline to create certain types or styles of photography.
This is a professional environment. We therefore reserve the right to refuse service to any person at any time if in our opinion that person is disruptive, abusive or intoxicated.
(c) We reserve the right to refuse to produce images at some sizes or combinations of sizes if we believe such images would or could be detrimental to its reputation as a professional studio or as professional photographers. You should discuss your requirements with us prior to the photographic session.
(d) When you place an order for artwork and specify a size, you do so on the understanding that the artwork and the images may have to be altered to meet those size requirements.
5. COST OF SERVICES
(a) Our schedule of fees and charges and payment terms change from time to time and are available by contacting us.
6. COLOR QUALITY
To protect against fading or discoloration, artwork should not be exposed to continuous sunlight or excessive humidity.
7. INTELLECTUAL PROPERTY
In obtaining our Services, you acknowledge and agree:
(a) All Intellectual Property Rights (including, without limitation, copyright and moral rights), including (without limitation) in all artwork, videos, images and entries belongs to us.
(b) Not to assert any moral rights in relation to the artwork or our use and warrant that you have the full authority to grant these rights.
8. LIMITATION OF LIABILITY
(a) You must tell us if you have any medical or other condition that may impact on your ability to engage in the portrait session. For example, some forms of epilepsy may be affected by exposure to photographic lighting or flash photography.
(b) You participate in and obtain the Services solely at your own risk.
(c) To the extent permissible by law, we will not be liable to you or to any third party for any loss or damage (including but not limited to consequential loss or loss of profits) or claim arising from these Terms and Conditions or the provision of the Services. This includes, without limitation, any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
(i) Whilst travelling to or from or taking part in any photographic session.
(ii) As a consequence of the publication of any material, including (without limitation) any comments made by any other person.
(iii) As a result of the use of any artwork, videos or images in any manner referred to in or allowed under these Terms and Conditions.
(iv) As a result of anything outside our reasonable control.
(d) Where liability is not able to be excluded by law, our liability to you in any circumstances will be limited to re-performance of any Services we have provided to you or payment for those Services to be provided by a third party.
(e) You indemnify us for any costs, losses or damages we incur if any representation you make or any warranty you give is incorrect.
10. FURTHER INFORMATION
(a) Our Terms and Conditions will be updated from time to time. You should review our Terms and Conditions each time you visit our site or obtain Services from us.
(b) If you would like further information on our Terms and Conditions, please contact us by clicking here.
(a) These Terms and Conditions (and the terms and conditions of any promotion under which you are claiming a prize from us) contain the entire understanding between you and us. They supersede all prior agreements between us.
(b) These Terms and Conditions will be construed and governed in accordance with the laws of the State of Queensland.
(c) If a provision of these Terms and Conditions is illegal or unenforceable, it may be severed without affecting the enforceability of the other Terms and Conditions.
(d) These Terms and Conditions do not affect any rights a consumer may have which are unable to be excluded under Australian law.