Last updated: July 7th, 2022
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purpose of this agreement “Client” means any person, body of persons, firm or company with whom Luce & Co Photography enters into an agreement for the sale of goods or provision of services by Luce & Co Photography.
All references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to the Photographer's client.
"Photographs" and “Images": means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
Staff: means all persons that are employed by Luce & Co Photography whether on a contract, casually or fixed term type employment, any persons that have ownership of Luce & Co Photography and any person that volunteers their time to Luce & Co Photography.
Retouching: The term 'standard hand retouching' covers simple skin blemishes and light fly away hairs. More ‘complex work’ such as softening wrinkles, cloning within an image, inserting a subjust or object not previously in photograph work on clothing etc. will be charged at an additional rate.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Luce & Co Photography, PO Box 3020, Mentone East, VIC 3194.
Country refers to: Victoria, Australia
Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Luce & Co Photography, accessible from https://www.luceandco.com/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Luce & Co Photography does not provide long term storage of images or file information.
Images are stored on the client’s online gallery for a period of 2 weeks after the shoot date. All purchases and downloads must be made within this time to ensure ownership of images, it is recommended that clients duplicate their files and store them across separate locations.
Luce & Co Photography keeps client details and information of booking on record after the client’s photography session for communicative and promotional purposes. The client is advised to request if they do not wish this to occur.
While using our Service, we may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: Email address, First and last name, Phone number, Address.
Luce & Co Photography acknowledges that in the performances of the services, they may receive information from the client which is designated by the client as confidential. Upon request from the client, we agree to keep this information secret and not to disclose such information to other parties except as required by law
Images from a fundraising event or general event will be available for viewing approximately 24 hours after the event time.
Kinder and childcare photos will be available up to 3 weeks after the event.
Images from a private event will be ready for viewing approximately 24 hours after the end time of the event. Hero images (up to event highlights 25 images) are available onsite via google drive immediately after the event concludes at an extra fee at the client's expense, please see our product guide for our prices.
Images from privately booked sessions; weddings, engagement sessions, maternity and newborn, couple, family and/or pet, corporate headshots and commercial business photography will be available either at a date discussed or 3 weeks after the event date. Images required immediately or sooner than the discussed or 3 week date incur a ‘fast processing fee’, please see our product guide for our prices.
All Wedding photography packages include an immediate highlight feature which includes 30 edited images within 24 hours of the conclusion of the event.
Luce & Co Photography will not further edit images from a fundraising event or kinder photos after the Luce & Co Photography customised filter is applied. Post production for either ‘standard hand retouching’ or ‘complex work’ is available at a cost to the client, please see our product guide for our prices.
Images from private events will have light editing applied to stay true to the event, time of day and location.
Images from privately booked sessions; weddings, engagement sessions, maternity and newborn, couple, family and/or pet, corporate headshots and commercial business photography will be edited with our creative vision and how we see appropriate to the subject matter unless agreed to or specified in a set package beforehand. Clients are provided with digital proofs on our online gallery and will be asked to select images as per required for their package(s). Digital proof files are supplied edited and adjusted for general colour, contrast and exposure and the Luce & Co Photography customised filter is applied. By agreeing to these terms and Conditions the client agrees to blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur in the production of the Works or subsequent processing for any physical or digital publication.
File size specification: Unless specifically requested beforehand, all images will be supplied to the client as proof images in small Jpeg format at 300 dpi and in SRGB colour. Proof image are individually graded for colour, contrast and exposure. Retouched files are supplied as Jpeg files - 300 dpi and in RGB colour. The client shall advise Luce & Co Photography Photography before the shoot date if a different format other than Jpeg is to be supplied. Format changes may incur additional charges.
Retouching: The term 'standard hand retouching' covers simple skin blemishes and light fly away hairs. More ‘complex work’ such as softening wrinkles, cloning within an image, inserting a subject or object not previously in photograph work on clothing etc. will be charged at an additional rate.
1) Photographs taken during the course of the photography session will be at the discretion of the photographer although every effort will be made to comply with the clients' requirements.
2) Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
3) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
4) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
All images are copyrighted © 2021 Luce & Co Photography.
The photography copyright is transferred to and remains the property of Luce & Co Photography. The client has the right to print and reproduce the digital files of the works when purchased and share the digital files of the works on social media. However, Luce & Co Photography included, no other party is granted the right to edit, manipulate, enhance or reproduce the images without specific written approval.
We will not use images unless we have consent, Luce and Co Photography’s model consent form will be provided in the instance that we request an image is used for promotional purposes.
Permission for the client to use the Photographs for purposes outside the terms of the Model Release Form or the Terms and Conditions will be considered by case by case basis and granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further use in respect of the Photographs will be subject to the terms of the Model Release Form or the Terms and Conditions.
It is Client’s responsibility to verify that the digital data are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data is not deemed suitable and is not able to be reproduced to a suitable standard required by the client it is Luce & Co Photography’s obligation to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages by the client or a third party.
Please also refer to the Fees and Expenses section on delayed or unpaid invoices, as it states: ‘use of all images is withdrawn until full payment has been received’.
All prices quoted to the client apply only to the original job description and specifications given to Luce & Co Photography by the client. Luce & Co Photography reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment.
In the event a shoot extends beyond the agreed hours between the client and Luce & Co Photography, the client may be charged for such excess services and time of provided staff which may or may not include,
assistants, viewing consultants and freelance staff at an extra fee at the client's expense, please see our product guide for our prices.
The client will be charged 100 percent fee and expenses for any reshoot requested by the client. For any reshoot required because of any reason outside the control of the client, specifically including but not limited to acts of, nature, war, terrorism, civil disturbance or the fault of a third party, Luce & Co Photography will charge no additional fee, and the client will only pay all original expenses.
If Luce & Co Photography charges for special contingency insurance and is paid in full for the shoot, the client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
Definition of ‘Day Rate’
A day rate is based on an 8 hour day (or less). Within this period there is a 40 minute meal break and a 10 minute break every 2.5 hours. A half day rate is based on 4 hours (or less), with a 10-minute break after 2 hours.
Payment by the client will be expected for the requested photography or photography related work is required within 28 days of the issue if the relevant invoice. Late payments will result in an additional 5% surcharge by the Luce & Co Photography per 28 day period without full payment. Any use of images use is withdrawn until full payment has been received.
Quotes for any photographic services or photography related services are valid only within the current financial year of the original quote date. Any subsequent changes, whether made verbally or in writing, may result in additional charges.
If a booking is made where Luce & Co Photography is to be paid solely by monies received at an event from the sale of photographs, Luce & Co Photography reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, by any other photography company both at the event or via a website afterwards.
Should there be a dispute between you and Luce & Co Photography that cannot be resolved directly within reasonable time period then it is hereby agreed that on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Melbourne, Victoria, Australia. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Australian Courts.
COVID-19 RELATED CANCELATIONS
1) In the event that the event/photoshoot must be cancelled due to state or federal Covid-19 implemented government restrictions the client is entitled to either; a full refund of their booking fee and any other paid amounts contributing to their photography session or photography related work or, may reschedule at the time of their choosing providing Luce and Co Photography has an available date within 1 year period of the initial booking date. The client has an unlimited number of times of rescheduling within that 1 year period if due to state or federal Covid-19 implemented government restrictions.
2) In the event that the client must cancel due to a Covid-19 outbreak within the school or any person in contact with a Covid-19 related case, the client is entitled to either; a full refund of their booking fee and any other paid amounts contributing to their photography session or photography related work or, may reschedule at the time of their choosing, providing Luce and Co Photography has an available date within 1 year period of the initial booking date.
3) In the event that Luce & Co Photography must cancel due to a staff member contracting Covid-19 or any Symptom of Covid-19, a Covid-19 case within the household of the said staff member or any person in contact with a Covid-19 related case, the client is entitled to either; a full refund of their booking fee and any other paid amounts contributing to their photography session or photography related work or, may reschedule at the time of their choosing, providing Luce and Co Photography has an available date within 1 year period of the initial booking date.
4) In the event that the attendee of a Family Portrait Fundraising event or a child attending Kinder Photos must cancel due to the attendee or anyone within the attendee’s household or any person the attendee has come into contact with a Covid-19 related case has contracted Covid-19 or any Symptom of Covid-19, a Covid-19 case within the household of the said staff member or any person in contact with a Covid-19 related case, the client is entitled to either; a full refund of their booking fee and any other paid amounts contributing to their photography session or photography related work or, may reschedule at the time of their choosing, providing Luce and Co Photography has an available date within 1 year period of the initial booking date.
As stated below under, 1) Cancelations for Family Portrait Fundraiser Days:
‘Refunds of Family Portrait Fundraise booking(s) back to the attendee(s) will be up to the client’s discretion due the fundraising arrangement that Luce & Co Photography and the client have in place.’
The agreement of cancellation and rescheduling arrangements will be in email conversational form and will be between the client and Luce & Co Photography.
GENERAL REFUNDS AND CANCELATIONS
Luce & Co does not offer refunds on digital images, completed photography sessions or photography related works.
As the goods sold to the client, including prints and any physical related photography items, are personal to the client and have no re-sale value we regret that Luce & Co Photography cannot cancel or provide refunds once your order has been placed in production. However, Luce & Co Photography do understand that mistakes do happen and if you consider that your order is not correct then please contact Luce & Co Photography directly and we will try and assist you. Digital files are not refundable due to the instant downloadable nature. It is expected that the client checks the order before commencing to checkout on the cart website.
1) Cancellations by the photographer:
Luce & Co Photography will endeavour to put the client in touch with another photographer either from Luce & Co Photography or an external contractor used by Luce & Co Photography, in the event The Photographer is unable to attend on booked date due to any cause beyond their reasonable control e.g. the photographer contracting Covid-19, any sudden illness, injury, victim of crime, flooding etc. In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the client at that time.
2) Refunds and cancelations for Family Portrait Fundraiser Days:
Cancelations for Family Portrait Fundraisers are able to be rescheduled at an agreed time of Luce & Co Photography and the client. If a date in is unable to be agreed upon by Luce and Co Photography and the client, the client then is advised to inform their attendees of other organisations’ Family Portrait Fundraiser Days via the information provided via Luce and Co Photography and book through the direct booking system that Luce & Co Photography utilises. However, the initial booking fee paid by the attendee is not transferable to other events, a further booking fee for the specific event must be paid for in full via the direct booking system that Luce & Co Photography utilises.
Attendees that have booked for Family Portrait Fundraiser Days are able to cancel up to 24 hours previous to the commencement of the photography session booking time.
Refunds of Family Portrait Fundraise booking(s) back to the attendee(s) will be up to the client’s discretion due the fundraising arrangement that Luce & Co Photography and the client have in place.
3) Refunds and cancelations for Kindergarten, childcare, daycare centre, playgroup, toy library, creche and any other form of child minding and educational service:
Individual cancelation policy
The booking fee is nonrefundable, the booking fee is considered the sessional charge and is used as purchasing credit. The booking fee is only able to be refunded in the case that the child is unable to attend due to sickness. The client will be required to use our designated booking site to process the requested refund.
Centre cancelation policy
If the organisation requires the whole event to be cancelled due to unforeseen circumstances that are unrelated to Covid-19 and Luce & Co Photography receive less than one week notice, the booking fee is non refundable.
If the organisation requires the whole event to be cancelled due to unforeseen circumstances that are unrelated to Covid-19 and Luce & Co Photography receive more than one week notice, the booking fee is fully refundable and payable back to the paying customer.
4) Cancelations for privately booked sessions; weddings, engagement sessions, maternity and newborn, couple, family and/or pet, corporate headshots and commercial business photography:
Any cancelations on the day of 24 hours or less previous to the commencement of the photography session booking time, Luce & Co Photography reserve the right to retain the booking fee in full and the client will be responsible for 50% of the full package or original quoted amount payment following the original booking date.
Any cancelations on the day of 24 hours or more previous to the commencement of the photography session booking time, Luce & Co Photography reserve the right to retain the booking fee in full. The client may use the paid booking fee at a later date and use this as a further booking fee to reserve a date agreed to by both Luce and Co Photography and the client. However, the client may only reschedule two further times after the initial cancelation, Luce & Co Photography reserve the right to refuse further bookings after the client has rescheduled for reasons other than general sickness or Covid 19 related cancelations.
If both a Kinder Photos a Fundraising event is booked within the same year from the same centre, a minimum of 4 months is required between events. This time frame is also required to receive and current bonuses applicable to booking both events in the same year.
If a child is not able to have their studio portrait taken due to willingness of subjects Luce & Co Photography will continue their session time and photograph them in the time allocated for candid photography within the kinder grounds. If a child is not able to have their studio portrait taken or candid photography within the kinder grounds due to willingness of subjects Luce & Co Photography will cease photography of the individual and inform the centre management who will communicate with the parent or guardian.
Minimum and Maximum booking requirements
The minimum amount in bookings for kindergarten, childcare, daycare centre, playgroup, toy library, creche and any other form of child minding and educational services; photos is 50% booking capacity e.g. If the centre has 90 students Luce & Co Photography require 45 bookings for the photography event to proceed.
Educational organisations that provide Kinder specific programs will have group photos taken. Other educational organisations including but not specific to, childcare, daycare centre, playgroup, toy library, creche and any other form of child minding will not have group photographs taken unless requested and organised by management.
Siblings will have their photograph taken together and included within on of either of the sibling’s online galleries. The customer will include the siblings photograph within the packages provided, no extra package will be created to accommodate for sibling photographs.
Individual staff portraits may be taken of staff members that are available on the day of the organisations’ photographs. If a staff member is unable to attend their staff portrait on the allocated day and the organisation requires their photo to be taken, this is at a charge to the organisation, please see our product guide for our prices.
For Studio photoshoots
Luce & Co requires a room that is at least 5 x 5 meters with ample power supply and power outlets.
You acknowledge and agree that the educational organisation to which the photographed subject attends is solely responsible for obtaining the consent of the Subject and/or consent from the Subject’s parents/guardians. It is not our responsibility to ensure that each Subject has the required consent in order for the subject to be photographed. The organisation may send all parents/guardians a consent form to receive written consent or to allow them to express their objections if they do not wish the subject to be photographed.
If You are a parent or guardian of the Subject, You agree to hereby provide your consent to and confirm that the Subject’s image may be used in the provision of the Services (which may include group shots) and which may include purchase by other users of the Site.
Availability of online galleries
Online galleries are available for two weeks after the gallery is made available to customers. The customer must make all their purchases within this cut off time to ensure their print and photographic items are sent to the organisation for collection. After this date there will be an admin charge to the customer to reopen the gallery and resending of gallery campaign, and a further charge to the customer for postage fees for the customer's prints and photographic items to be posted or couriered directly to their home.
Minimum and Maximum booking requirements
The minimum number of sessions booked per day for each day to proceed is 15. The Maximum number of sessions booked per day is 24. If the Coordinator of the event or Luce & Co Photography receive requests for additional bookings before or after the event occurs, there is a minimum of 15 sessions for each event day a second day to proceed. Where there is any less than the maximum amount of session bookings, we reserve the right to condense schedules to ensure that the day is managed efficiently with the exception of a lunch break for Luce & Co Staff and if applicable: volunteers. We will be in contact with families personally to work in the best of our ability to make these changes convenient to both parties.
One week prior to the event date if booking numbers have not progressed past 10 persons booking, Luce & Co will be in contact with the client regarding potentially moving to another date.
Extended family booking policy
If you have different family groups that are related and would like group photos, it is required that you book consecutive sessions one after another. For example;
1) Families with extended families/multiple groups have individual bookings and want to do a large group portrait separate to their bookings. This is possible but as any person can only appear in one fundraiser photo, any other photo must be considered an additional pose in a booking.
2) Immediate families that have had their family portrait who would like to invite a small amount of extended family to have photos with the children/family e.g., Cousins with siblings, this is ok as it is possible within the session time limit.
Bookings per family
There may only be one booking per family
You may only appear in one fundraising portrait that has been selected by the customer as their chosen image for the agreed booking and session fee paid. However, you may appear in another bookings’ other images that have not been selected by the customer as their chosen image for the agreed booking and session fee paid, for e.g.: You may have 2 families related to each other and would like to do a shot of the cousins This is possible but will have to be done as an extra image for purchase only.
Types of sessions
Bookings must choose either an outdoor or an indoor photography session, the client cannot choose both within their booking time and this is decided at the same time of booking.
Luce & Co Photography endeavour to capture your portraits as you envision them, but on occasion some people may not want their photo taken. If a person is not able to have their photograph taken due to willingness of subjects, Luce & Co Photography will cease photography of the individual.
Late session comers
Booked sessions run 20 minutes one consecutively after another. If The client is running late, they will have the remainder of time within the session time. On certain occasions, Luce & Co Photography may be able to move the client’s booking to a more convenient time. In the case of a fully booked out day Luce & Co Photography may not be able to reschedule. We are not able to offer refunds of your session fee if you miss your appointment as all booking fees are a donation to your organisation and Luce & Co Photography leave it up to the organisation’s discretion whether or not to refund. Please see section, ‘General Refunds and Cancelations’.
Pets are permitted within outdoor photography sessions but not within studio booked sessions.
For Studio photoshoots
Luce & Co requires a room that is at least 20 x 30 meters with ample power supply and power outlets.
Luce & Co requires a separate room for viewing the photographs after the photography session with table, chairs and ample power supply.
Luce & Co Photography require an hour and a half to set up, and approximately thirty minutes after the last viewing to pack up, times will be confirmed with the client before the event.
No failure or delay on the part of Luce & Co Photography relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Please note that Luce & Co Photography does not have an obligation to monitor all activities on the Site but reserves the right to do so and to keep and disclose whatever information we consider necessary to the relevant authorities should it prove necessary, and to remove any information (to include but not be limited to commentary) the Business deems to be inappropriate.
Due to the nature of the Services it may be possible that a price may be incorrectly listed on the Site due to technological or human error and you are advised that neither Luce & Co Photography nor the seller is under any obligation to provide any goods or services at an incorrect price even after receipt of an order or any other notification of the same.
Luce & Co Photography shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Agreement arising by reason of force majeure which includes (inter alia) an Act of God and failure of any third party.
These Terms and Conditions contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of these Terms and Conditions and neither you nor the Business shall be bound by any variation or addition these Terms and Conditions unless agreed in writing and signed by duly authorised representatives from both sides.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Australia and be subject to the exclusive jurisdiction of the Australian courts.
We may update our Terms and Conditions from time to time. We will notify You of any changes by posting the new Terms and Conditions on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of these Terms and Conditions.