top of page

COUTURE PHOTOGRAPHY

TERMS & CONDITIONS

________

Effective Date: 1 January 2023

Welcome to Couture Photography.

These Terms govern your use of the Website and our provision of the Services. Louise Grayson (ABN 72 816 097 661) operates the Website and provides the Services.

These Terms constitute a binding agreement between you and us. If you continue to use the Website or if you engage us to provide the Services, you acknowledge that you have reviewed, understood and agree to be bound by these Terms. If you do not understand these Terms, if you do not agree to be bound by these Terms, or if you need more time to review and consider these Terms, then you must stop using the Website immediately and must not engage us to provide the Services. We only agree to your use of the Website and your engagement of us to provide the Services if you agree to these Terms.

1.      DEFINITIONS

‘Booking Fee’ means: (i) if there is a Schedule attached to these Terms, the Booking Fee as set out therein; or (b) if there is no Schedule attached to these Terms, the applicable booking fee as set out on our Pricing page.

‘Cancellation Fee’ means 100% of the Booking Fee.

‘Client’ means a user of the Services.

‘Client’s Permitted Uses’ means the uses licensed to you by Louise Grayson in clause 10.

‘Intellectual Property’ means copyright, trade marks (registered and unregistered), trade secrets, patents and all other intellectual property including the contents, layout, design, colours, appearance, graphics, imagery and code for any website.

‘Licensed Photographs’ means any of the Photographs which you license from us by ordering Products featuring such Photographs.

‘Location’ means: (i) if there is a Schedule attached to these Terms, the Location as set out therein; or (b) if there is no Schedule attached to these Terms, the location where you have requested that we provide the Services.

‘Couture Photography’ means Louise Grayson Photography ABN 72 816 097 661.

‘Louise Grayson Photography IP’ is all Intellectual Property that is owned by us and/or that is licensed to us and includes all Intellectual Property rights in Our Content. 

‘Our Content’ means (i) the Photographs; and (ii) any content including photographs, materials, writing, audio-visual content and images made available on the Website or that we may provide to you in connection with the Website or the Photographs for any reason.

‘Louise Grayson’s Permitted Uses’ means the permitted uses set out as (b) and (c) of your acknowledgements in clause 10 (referring to the Website, social media, competitions etc).

‘Photographer’ means Louise Grayson unless otherwise agreed between us.

‘Photographs’ means all photographs taken by the Photographer at the Location.

‘Products’ means prints, canvases, fine art books, digital files and other products.

‘Services’ means the photography services offered by Couture Photography.

‘these Terms’ means these Terms & Conditions.

‘us’, ‘we’, ‘our’ refers to Louise Grayson.

‘Website’ means the websites hosted at www.couture-photography.com.au

‘you’ or ‘your’ refers to the user of the Website or Services.

2.      INTERPRETATION

In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

(a)     words referring to one gender include every other gender;

(b)     words referring to a singular number include the plural, and words referring to a plural include the singular;

(c)     words referring to a person or persons includes companies, firms, corporations, organisations and vice versa; and

(d)     any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

3.      YOUR AGREEMENT AND REPRESENTATIONS

By continuing to use the Website or engaging us to provide you with the Services you represent and warrant to us that:

(a)     you have legal capacity to enter these Terms; and

(b)     you have complied with all of these Terms.

4.       AGE RESTRICTION 

In order to use the Website or engage us to provide the Services, you must be aged at least 18 years. 

5.      TERRITORIAL RESTRICTION

There is no territorial restriction on use of the Website but in order to engage us to provide the Services you must be located in Australia.

6.       BOOKINGS

If you wish to book a photographic shoot with us, please contact us on 0412 377 736 or email us at info@couture-photography.com.au A booking request is not confirmed until you receive an email from Couture Photography accepting the time and date requested and we have received payment of the non-refundable retainer of $1500. Booking Fees are payable in accordance with the payment terms set out in clause 8 below.

Once your shoot has been booked, please let us know as soon as possible if you are not able to proceed with the shoot as scheduled. In the event that the Client cancels the contracted services for wedding photography before the wedding ceremony takes place, the deposit will be forfeited. In the event Couture Photography are unable to attend the wedding and fulfil their photographic obligations, for whatever reason, all monies paid by the Client will be refunded.

7.      FEES

If we terminate our provision of Services to you for breach of Terms we will not refund any Booking Fee, Product fee or part thereof.

We reserve the right to revise our fees at any time by giving you at least 14 days’ notice. 

8.      PAYMENT TERMS

In order to secure a date and time for your photographic session, payment of a non-refundable retainer of $1500 is required. Payments can be made by Electronic Funds Transfer (EFT). The remaining balance is to be paid one week prior to the date of the wedding.

All Product orders must be confirmed in writing (including email) and full payment must be made and received before any order is processed. No Products will be despatched or available for collection until paid in full.

9.      DELIVERY

After completion of your shoot, we will review and edit the Photographs. Digital processing takes approximately 5 to 6 weeks.

Couture Photography will provide the Client their final high resolution, hand edited JPEG images via an online gallery no later than six weeks following the wedding date. This does not include any requests by client for further edits or enhancements. In most circumstances a small number of images (determined by the photographer) may be provided as low-resolution files prior to this date for clients’ social media purposes. This will be done at the discretion of the photographer.

Fine Art Albums, books and prints are reliant on client sign off and third-party printing and therefore are usually delivered at a date later that the 5-6 week period for digital images.

No responsibility lies with Couture Photography for delays in delivery of Products by secondary service providers such as printers, framers and book binders. If you have requested further changes to your order after the Order Deadline and before going to print there will be corresponding delays in despatch/availability for collection of your order. If you request further changes after going to print, no refund is available, the surcharge referenced above may apply and the revised order must be paid for in full.

10.    INTELLECTUAL PROPERTY

You hereby acknowledge and agree that: 

  1. Couture Photography will be the first owner of copyright in the Photographs and all Intellectual Property in the Photographs will be the exclusive property of Couture Photography;

  2. we may use the Photographs on the Website, in social media and in our portfolio for the purpose of promoting Couture Photography;

  3. we may submit the Photographs to competitions, display the Photographs in exhibitions and reproduce and sell Products featuring the Photographs subject to our acknowledgements and agreements set out below;

  4. as between us and you, we own all Intellectual Property in and utilised in the Website;

  5. you will not use any Couture Photography IP for any unlawful or infringing purpose. If you use any Couture Photography IP for a lawful purpose you will not remove or modify any copyright notices;

  6. you will not reproduce, distribute or otherwise infringe Couture Photography IP in any way, including electronically or via registration of any trade marks, business names or Uniform Resource Locators (URLs).

We hereby acknowledge and agree that:

  1. we will not license the Photographs to any third party without your prior written consent;

  2. we will not offer for sale any Products featuring any Photograph which contains an identifiable image of any person without that person’s prior written consent;

  3. we will not sell any Products incorporating the Licensed Photographs without your prior written consent.

In relation to the Licensed Photographs, we grant you licence to use any Photographs that you license from us for non-commercial purposes. This licence includes the right and licence to:

  1. display the Licensed Photographs in your home and other private, domestic locations; 

  2. publish the Licensed Photographs to your social media accounts;

  3. authorise any other person to do the above acts for non-commercial purposes.

11.       MORAL RIGHTS

To the extent that the Photographer holds any moral rights in connection with the Licensed Photographs:

If the Photographer is Louise Grayson, Louise Grayson hereby consents to you, in the course of using the Licensed Photographs for any of the Client’s Permitted Uses: (i) making material alterations to any Licensed Photographs; and (ii) doing or omitting to do any acts which would otherwise infringe her moral rights in the Licensed Photographs under the Copyright Act 1968 (Cth). Notwithstanding the foregoing, Louise Grayson does not consent to you making any material alterations that do or might constitute derogatory treatment.  

If the Photographer is not Louise Grayson, Louise Grayson confirms that she has obtained from the Photographer a moral rights consent in the form set out herein.

12.    ACCEPTABLE USE

You agree that:

  1. all information that you upload or provide to the Website or otherwise provide to Couture Photography will be accurate, complete and honest and you will update all such information as necessary so that it remains at all times accurate, complete and honest;

  2. you will not use the Website or the Photographs for any unlawful purpose or any purpose prohibited under these Terms;

  3. you will not use the Website or the Photographs in any way that could damage the Website or our business; 

  4. you will only use the Website for personal use; 

  5. you will comply with the laws of all applicable jurisdictions in your use of the Website.

  6. you will not remove or modify any copyright notices appearing on the Website or that we have applied to any photographs; and

  7. you are the owner of the Location or you have obtained the consent of the owner of the Location before engaging us to provide the Services at the Location.

You further agree not to use the Website or the Photographs to: 

(a)     infringe any rights in Couture Photography IP or the intellectual property rights of any third party;

(b)     upload or otherwise disseminate any computer viruses or other software that may damage our property or the property of any of our Clients or the Website’s users; or

(c)     download, copy, store or transmit any of Our Content or attempt to do the same, except as expressly permitted herein.

13. MODEL RELEASE

By engaging us to provide the Services, you hereby grant the following rights to Couture Photography (‘the Model Rights’):

  1. to record you and all other individuals including any minors of whom you are the parent or guardian, who you instruct us to photograph in any audio, visual or audio-visual recording, in photographs and/or by any other means (each a ‘Work) and to use, reproduce, edit, change, add to or subtract from any Work without restriction in the course of carrying out Couture Photography’s Permitted Uses (‘the Purpose’); and

  2. to use all Works for the Purpose throughout the universe in perpetuity in any and all formats and media now known or hereafter invented.

You acknowledge and agree that:

  1. you have the full right, power and authority to enter into these Terms and to grant the Model Rights and no other person’s approval or consent is required to give full effect to these Terms; 

  2. you are not entitled to any credit, payment or other remuneration with respect to any exercise of the Model Rights.  

You release Couture Photography from any and all claims whatsoever arising from the exercise of the Model Rights by Couture Photography for the Purpose.

You hereby assign to Couture Photography all of your right, title and interest in the Photographs (if any) and the results and proceeds of your participation in connection with the Photographs throughout the world in perpetuity in any and all formats and media now known and hereafter invented. 

You agree that the Model Rights may not be withdrawn or revoked and in the event of any breach of these Terms by Couture Photography, your sole remedy shall be an action for damages (if any) and in no event shall you have the right to injunctive relief or to enjoin or restrain or otherwise interfere with the exercise of Couture Photography’s Permitted Uses. 

In this Model Release clause: (a) ‘Work’ includes any and all parts, copies and versions of any Work, whether made before or after the date of acceptance of these Terms; and (b) Couture Photography includes Louise Grayson, her successors, licensees and assigns.

You acknowledge that you freely chose to enter into these Terms and have had the opportunity to take independent legal advice. 

14.    EXCLUSION OF LIABILITY 

For the purpose of this clause, “us”, “we” and “Couture Photography” includes Louise Grayson and all of Louise Grayson’s employees, agents and other authorised representatives.

You acknowledge and agree that:

  1. your use of the Website is undertaken voluntarily, absolutely at your own risk; 

  2. the Website is provided on an “as is” basis and may change at any time without prior notice;

  3. the Website may contain mistakes, errors and inaccuracies; 

  4. if we provide any links to third party websites, we are not responsible for the content of such third party websites;and

  5. if you provide us with any photographs for inclusion in your fine art album, you own or have obtained a licence to use such photos for that purpose.

To the fullest extent permitted by law we hereby expressly exclude:

  1. all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms;

  2. any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, safety, legality or suitability for a particular purpose of the Website and the Services;

  3. any liability for damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by you in relation to your use of the Website and our provision of the Services. 

To the fullest extent permitted by law, you waive all of your legal rights of action against us and fully release us from any claim you may have including for loss, damage, injury or death howsoever arising out of or in relation to your use of the Website and our provision of the Services including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Louise Grayson.

14.    INDEMNITY

For the purpose of this clause, “us” and “we” includes all of Louise Grayson’s employees, agents and other authorised representatives.

You hereby indemnify us and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to your use or misuse of the Website, your use of the Services or your breach of these Terms. You agree that we may select our own legal representation and may participate in our own legal proceedings if, and to the extent that, we choose and in such case the indemnity set out herein shall continue to apply.

15.    VARIATION OF THESE TERMS

You hereby acknowledge and agree that we may vary or amend these Terms from time to time. If you continue to use the Website or engage us to provide the Services following any such variation or amendment you will be deemed to have confirmed and agreed to the varied or amended version of these Terms. 

You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any variations or amendments. You further agree to clear your cache when doing so in order to avoid accessing a previous version of these Terms. 

In the event that you fail to monitor any variations or amendments of these Terms, you agree that such failure shall be considered an affirmative waiver of your right to review the varied or amended version of these Terms.

16.    CHANGES TO WEBSITE 

We may, in our sole discretion, vary, alter, amend, change or update the Website at any time. The website may be unavailable from time to time (whether due to maintenance or for any other reason). You acknowledge, agree and accept that we take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for, the Website being temporarily or permanently unavailable, whether due to reasons within our control or not.

17.    PRIVACY

Through your use of the Website or the Services, you might provide us with some of your personal information. By using the Website or engaging us to provide you with the Services, you authorise us to use your information in accordance with our Privacy Policy. 

Refer to our Privacy Policy to find out what information we collect, how we use it and store it and your rights in relation to it. 

Our Privacy Policy can be found here: Privacy Policy

18.    TERMINATION

We may immediately terminate these Terms, as between you and us, at any time, with or without cause. We specifically reserve the right to terminate these Terms, as between you and us, if you breach these Terms in any way. These Terms terminate automatically if we cease to operate the Website and cease to offer the Services for any reason.

Upon the termination of these Terms, any provisions which would by their nature be reasonably expected to survive termination shall remain in full force and effect, including but not limited to the Intellectual Property, Moral Rights, Acceptable Use, Model Release, Exclusion of Liability and Indemnity clauses.

19.    GENERAL PROVISIONS

Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, contained in the Competition and Consumer Act 2010 (Cth), and, if such rights, warranties, guarantees and remedies cannot be restricted, modified or excluded by us then they continue to apply despite anything to the contrary set out in these Terms. Our liability to you is governed solely by these Terms, our Privacy Policy and the Australian Consumer Law, to the extent that it applies.

Applicable law: Your use of the Website and the provision of the Services is subject to the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.

No assignment: You must not assign, sub-license or otherwise deal in any way with your rights under these Terms without our prior written consent.

Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.

No waiver: In the event that we fail to enforce any provision of these Terms, such failure shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause. 

No partnership or agency: Nothing in these Terms is intended to give rise to a partnership or agency relationship between you and us.

Notices: We may serve legal notices on you at the email address that you provide to us upon making an enquiry or booking (or such updated email address notified by you to us from time to time). You may serve any legal notices on us at info@couture-photography.com.au (or such updated email address notified by us to you from time to time). Email notices will be deemed to have been received upon transmission confirmed by a delivery receipt. 

Separate agreements: You may have other legal agreements with us including our Privacy Policy. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements you may have with us. To the extent of any inconsistency between these Terms and our Privacy Policy, our Privacy Policy will apply.

Disputes: If any dispute arises between you and us under these Terms we will try to resolve it directly between you and us before resorting to legal action and we ask that you do the same.

20.    CONTACT US

You can contact us at:

Couture Photography 

info@couture-photography.com.au

ABN 72 816 097 661

34/45 Blackall Street 

Barton ACT

bottom of page