Kim Howell Photography

Terms and Conditions

Introduction: Welcome to Kim Howell Photography. By booking a session with us, you agree to the following terms and conditions. These terms are designed to ensure a smooth, enjoyable, and professional experience for both the photographer and the client.

Booking and Deposits: A non-refundable deposit of $100 is required to secure your session date and time. This deposit will be applied to the total cost of your chosen photography package. While refunds are not available, your deposit can be transferred to a rescheduled session due to sickness or adverse weather conditions.

Cancellation Policy: In the event of a client-initiated cancellation, the deposit is non-refundable. However, clients may reschedule their session without losing their deposit due to sickness or adverse weather conditions. Cancellations made less than 24 hours before the scheduled session may incur additional fees at the discretion of the photographer.

Session Details

Photography Services: Kim Howell Photography offers sessions including, but not limited to, families, sitters, newborns, cake smashes, mini session and milestone sessions.
Session Requests: Clients may request specific poses. The photographer will do their best to accommodate these requests, provided they are safe for the child/client. However, not all requests can be guaranteed and are subject to the photographer's discretion.

Use of Props: Any props used during the session are the responsibility of Kim Howell Photography. Clients are welcome to bring their own props but should discuss this with the photographer in advance.

Image Delivery and Editing

Delivery: Images will be delivered via an online gallery within 3 weeks of the session for image selection and download.
Editing: All edits are performed in a natural manner. Minor adjustments such as skin smoothing or the removal of fluff/spots may be made. Major edits or augmentations will not be performed.

RAW Images: RAW, unedited photos will not be provided to the client under any circumstances.

Copyright and Usage

Copyright: Kim Howell Photography retains full copyright over all images taken during sessions.
Usage: Images may be used on the photographer’s website, social media platforms, or other advertising platforms unless written communication is received from the client stating otherwise.
Social Media: Clients are encouraged to share their images on social media, provided Kim Howell Photography is credited appropriately.
Model Release: Clients agree to grant Kim Howell Photography the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included for editorial, trade, advertising, and other purposes, unless otherwise specified in writing.

Subject Cooperation: Kim Howell Photography is not responsible for the behaviour of children or any other subjects during the session. While every effort will be made to capture smiles and natural expressions, no guarantees can be made regarding the outcomes.

Client Cooperation

Timeliness: Clients are expected to arrive on time for their session. Late arrivals may result in a shortened or rescheduled session at the photographers discretion.
Preparation: Clients should ensure that all participants are well-prepared for the session. This includes having outfits ready, children well-rested, and any necessary props or items on hand.

Behaviour: Kim Howell Photography is not responsible for managing the behaviour of children or other participants during the session. While every effort will be made to capture smiles and natural expressions, the cooperation of all subjects is essential for the best results.

Liability

Damage to Property: The client is responsible for any damage caused to the photographer’s equipment or props during the session due to negligence.
Personal Injury: Kim Howell Photography is not liable for any injuries sustained by the client or any participating parties during the session.

Use of Cameras and Mobile Phones: Clients and guests are not permitted to use cameras or mobile phones to take photographs during the session unless permission is given by the photographer.

Payment: The remaining balance of the chosen package is due 24 hours prior to the session. Payment can be made via cash, online invoiced payment (credit card or PayPal) or electronic transfer.

Rescheduling and Cancellations: In the event of sickness or adverse weather, clients may reschedule their session without losing their deposit. The new session date must be agreed upon within three months of the original booking.

Miscellaneous

Props and Requested Poses: While the photographer will make every effort to include requested poses and use of client-provided props, safety and practicality take precedence.
Image Use Authorisation: By paying a deposit, the client authorises Kim Howell Photography to use images from the session for promotional purposes unless otherwise specified in writing.

Health and Safety

Safety Precautions: The safety of clients, especially children, is of utmost importance. The photographer will take all necessary precautions to ensure a safe environment during the session.
Illness: Clients are requested to inform the photographer if any participant is feeling unwell. Sessions can be rescheduled in such cases to ensure the health and safety of all parties.

Photo Retention

Retention Period: Kim Howell Photography will retain copies of your images for one year from the date of the session. After this period, images may be archived or deleted.
Storage: While every effort is made to securely store your images, Kim Howell Photography is not liable for any loss or damage to digital files after the final delivery of the gallery.

Additional Fees

Travel Fees: Sessions outside a 30-minute radius of Nuriootpa, Barossa Valley South Australia may incur additional travel fees. Clients will be informed of any additional charges at the time of booking.
Additional People: Requests for additional people beyond the standard package inclusions will incur extra fees of $50 Per person which will be communicated to the client before proceeding. (Capped at $200)

Extended Session Time: If a session exceeds the agreed-upon time, additional charges may apply. Clients will be informed if this is the case during the session.
Additional Images: The option to purchase extra images in addition to your chosen package inclusion will be offered for additional fees when your gallery is presented to you.

Technology Failure: Kim Howell Photography utilizes high-quality equipment and backup systems. However, the photographer is not responsible for technology failures, including but not limited to corrupted drives, SD cards, or equipment malfunction. In the unlikely event of such failures, every effort will be made to recover the images, but no guarantees can be made.

Image Alteration by Clients: Clients are not permitted to alter, edit, or modify the delivered images in any way without the consent of the photographer, especially if the images are being displayed in public places such as social media. This includes, but is not limited to, applying filters, cropping, or colour adjustments. Any alteration to the original images must be mentioned. Kim Howell Photography may provide additional requested edits at an extra cost if requested by the client.

Confidentiality: Kim Howell Photography respects the confidentiality of all client information. Personal details provided during the booking process will be kept confidential and will not be shared with third parties without the client's consent, except as required by law.

Force Majeure: Kim Howell Photography shall not be liable for any failure to perform its obligations under this agreement due to events beyond its reasonable control, including but not limited to Illness, acts of God, war, fire, natural disasters, or labour disputes.

Dispute Resolution: Any disputes arising from this agreement shall be resolved through friendly negotiation between the parties. If a resolution cannot be reached, the dispute will be submitted to mediation or arbitration before a mutually agreed-upon mediator or arbitrator.
Age of Participants: For sessions involving minors, parental or guardian consent is required. Parents/guardians must be present during the session.

Consent for Group Photos: For group photos, it is the client’s responsibility to ensure that all participants have consented to be photographed.
Re-shoot Policy: Re-shoots are at the discretion of Kim Howell Photography and may be considered in the event of technical issues or other unforeseen circumstances. Re-shoots will not be granted for dissatisfaction with clothing choices, hair, makeup or physical appearance in any way.

Delivery of Products: In addition to digital images, any physical products that’s may be included in chosen packages such as prints or albums will be delivered within 8 weeks from the date of the session. Clients will be informed of delivery timelines at the time of order.
Agreement: By paying a deposit & booking a session with Kim Howell Photography, you agree to the terms and conditions outlined above.

Thank you for choosing Kim Howell Photography. We look forward to capturing your special moments.