Terms and Conditions
Please study the text below before your photography session. If you have any questions please contact us with the form below.
General Terms and Conditions
1. The conditions of sale set out below shall apply to all bookings and/or contracts for the supply of goods and services made with "you & me photography" and in the event of a conflict or inconsistency between these conditions and others which may be implied by, or included in any document or verbal representation forming part of an enquiry, booking, order or contract then these conditions shall prevail except in so far as these conditions are varied by law. Any part of these conditions found to be contrary to law shall only affect that part, the remainder shall remain in force.
2.Bookings and Shoots
2.1 We will undertake all assignments with due diligence and skill however as successful completion of photography assignments is usually dependent on factors beyond our control, including behaviour of subjects, actions of third parties, light, and weather, "you & me photography" can not be held materially responsible for failure to fully or partly complete an assignment. Likewise we cannot accept responsibility for loss or damage caused by material failure, or equipment failure.
2.2 "you & me photography" seeks to provide a safe and supportive work environment, which is free from harassment, and a welcoming and safe environment for visitors. As such we may decline, suspend or terminate any assignment or interaction which is deemed to pose an unacceptable risk or may negatively impact our staff workplace rights or the comfort or enjoyment of visitors.
2.3 All bookings must be made by a person aged 18 years or older. Any persons under the age of 18 years must be supervised by a parent or legal garden for the entirety of their visit to our studio or while on location. Parental supervision of minors is required at all times.
2.4 "you & me photography" does not undertake all forms of photography and our photographer, while collaborating closely with our customers, maintain creative control of each shoot. We reserve the right to refuse or charge a surcharge for certain assignments which do not fit within the usual definition of our work.
2.5 All shoots and appointments will begin, and be carried out, at a location appointed by “you & me photography”.
2.6 We request that customers confirm their attendance between 24 and 72 hours prior to their shoot time. Where we are unable to confirm an appointment we reserve the right to cancel the appointment without further notice.
2.7 We reserve the right to postpone a shoot appointment in the event of staff sickness, unfavourable weather (outdoor portrait shoots) or catastrophic equipment failure. In the case of wedding assignments we will make reasonable attempts to provide another photographer or equipment should we be unable to attend.
2.8 In order to protect our creative rights, no photography or video by non-"you & me photography" photographers is permitted on assignment.
2.9 We reserve the right to terminate or suspend service without compensation or refund if the terms of this section are not observed.
3. Orders
3.1 At "you & me photography" we provide special facilities for viewing photographs shot by us, under optimal conditions. All initial orders will be placed at a scheduled viewing. Re-orders may be placed by phone or email, on the condition that files are still available.
3.2 We encourage customers to bring a friend or relative to provide opinion, advice and support at the viewing appointment. We are only able to hold a single viewing appointment for operational reasons.
3.3 Unauthorised copying, distribution and sales of images by “you and me photography” is prohibited under all circumstances.
3.4 All orders are deemed final at the time of placement. We do not offer refunds for changes of mind. We do however comply with the replacement / refund provisions of Western Australian consumer law.
3.5 A minimum 66 per cent deposit is required at time of order placement unless one of our payment plans is used.
3.6 Payment may be made by cash, bank transfer or by use of one of our payment plans (ID and bank details required).
3.7 We cannot accept orders from persons under 18-years-of-age. Where the participant in a shoot is under 18, an adult must accompany that person in the viewing and sign for any order made.
3.8 "you & me photography" undertakes to store copies of ordered images for a period of 24-months, during which time customers are welcome to re-order those images. However we will not be materially liable for loss of images due to human error or equipment failure (ie a hard drive crash). Where images have been ordered but not yet delivered our maximum liability for loss of images shall be limited to any monies already paid to us for those images. Due to the volume of work we carry out, we are unable to guarantee the future availability of any image which is not ordered at the first viewing.
3.9 Full payment is required before goods are released.
4.0 Product Specifications and Retouching.
4.1 The customer acknowledges that any product specifications (size, weight etc) provided are of a general nature and may vary slightly from samples shown or written orders. In particular, and as our products are mostly hand made, there may be minor (non-functional) variations to size and small variations to finish.
4.2 In pursuit of quality, most "you & me photography" images are re-mastered and carefully retouched after ordering. The customer acknowledges and accepts that there may therefore be minor variations between the image as ordered and as delivered.
4.3 Where no special retouching request has been written on the order form the customer acknowledges that any retouching or lack of retouching will be at the discretion of “you & me photography”.
4.4 Where a special retouching request has been made we will do our best to carry it out, but the customer agrees to accept the expert judgement of “you & me photography” in terms of actual execution.
4.5 Complimentary (social) digital images. Small digital images provided with orders of printed products or published on our social media sites are not intended for printing or physical display. Social digital images, where provided, are always complimentary and do not form a paid part of any order. As such we do not guarantee fitness for any particular purpose and exclude all other warranties and guarantees. As a printable alternative customers may purchase High-Resolution Digital images.
5. Copyright and Moral Rights
5.1 "you & me photography" shall be the owner of all copyright and moral rights in any images produced for any assignment. For the avoidance of any doubt, the customer assigns worldwide copyright and moral rights to "you & me photography" in perpetuity.
5.2 "you & me photography" may use images from your shoot. Should you not wish this, you may negotiate to opt out in writing prior to the commencement of your shoot. "you & me photography" or its assignees or licensees may use the photographs from your shoot or drawings or reproductions or adaptations therefrom, either complete or in part alone or in conjunction with any wording or drawings for all uses including publicity, merchandising and or editorial purposes in any country. Unless otherwise agreed the photographs and any drawings or adaptations thereof shall be deemed to represent an imaginary person. You agree that you shall not receive payment, nor do you have any interest in the copyright of the photographs. You agree to hold harmless "you & me photography", its staff, owners, assignees and licensees from any claim by any person, including other participants in your shoot.
6. Delivery
6.1 Delivery of goods takes place when goods have been paid for in full and sufficient time has passed to allow for order production.
6.2 Production time varies depending on the nature of work, but orders will typically be ready 14-31 days from order date (if it has not been laybyed). Delays may occur over the Christmas period as many of our suppliers close down for around 14 days. Delays occasionally occur as artwork is sometimes rejected by our internal quality control proceedures, and needs to be re-done.
6.3 Notification. We use the phone number and the email address provided on your order form to notify you that your order is ready. We will call you in the first instance and send you an email if we do not reach you.
6.4 Layby. Where a layby has been set up through our direct debit provider FFA Paysmart, we will schedule work to be ready approximately four weeks after the completion of the layby period. While we typically carry out all digital work shortly after an order is placed, we usually delay physical production in order to minimise shop soiling. Customers are welcome to pay out their layby early. In this case work can typically be ready between 14-31 days from the payout date.
6.5 Collection. Due to the delicate nature of our artwork, we strongly advise collection in person or by an appointed agent (friend or relative). We ask that customers make an appointment for collection in order to ensure personal service. Appointments can be made by calling 0406 776 296. Collections are typically available during normal business hours.
6.6 Inspection. Each piece of artwork undergoes a rigorous quality control process and should be presented to the customer in pristine condition. However customers should inspect each piece before leaving the premises as we can not automatically take responsibility for damage once a piece has been taken out of our care.
7. Postponements and Cancellations
7.1 Postponements and cancellations are handled in accordance with our cancellations policy.
8. Special offers and gift cards
8.1 Terms for gift card redemption are governed by our gift cards policy.
9. Competition terms and Conditions
9.1 General terms for our competitions can be found on this page.
10. Consent
10.1 By booking a shoot with us or purchasing from us, you consent to be bound by these Terms of Trade.
11. Changes to this Policy
11.1 Should we decide to modify this policy we will update the policy modification date below:
Last Modified: August 31, 2015
12. Contact
If there are any questions concerning our terms of trade you may contact us below:
"you & me photography"
105 Entrance Road, WA 6163, Australia
Online competitions
To enter, entry forms found on this website, or a third party platform, must be filled out in full. Only one entry per person per competition period will be accepted. Multiple entries sharing any of the same details, ie, same phone number or address, will be treated as one entry. In an instance where "you & me photography" is running more than one competition concurrently, and where an entrant enters multiple competitions, the entries will be deemed to be for the competition entered first, and subsequent entries will be disregarded. Late entries will not be accepted and incomplete entries will be disregarded.
How to enter coupon competitions: To enter, coupons must be filled out in full and received by the Studio or placed in a designated ballot box no later than the closing date of the competition. Late entries will not be accepted and incomplete entries will be disregarded. Only one entry per competition period will be accepted. Multiple entries will be treated as one entry.
Who can enter? Anyone can enter provided the entrant will be 18-years-old or older at the time of their prize shoot, a resident of Western Australia and has not won a prize or redeemed a gift voucher with "you & me photography" within the 12 months prior to the draw date. Prizes inadvertently awarded to persons who do not meet these restrictions will be voided, redrawn and re-awarded, where possible.
Notification: Prize winners will be notified by mail, email, or phone. "you & me photography" is only obliged to notify winners on one occasion, but may, at it’s sole discretion, use more than one method or attempt to notify on more than one occasion. Notification will occur within one week of the particular draw date.
Selection of Winners: "you & me photography" competition winners may be selected by: 1) A random draw of a designated number of prize winners where the competition has all prizes of equal value. 2) Where the competition has a major prize and then several smaller prizes the first entrant drawn will be deemed the major prize winner, and subsequent entries drawn (up to the maximum) will be “runner up” prize winners. 3) Where a competition includes a creative question (ie “why would you like to win?”) the major and subsequent prize winners (if any) will be selected by "you & me photography" staff based on a ranking of their favourite answers to the creative question. If for any reason the number of valid entrants is less than the number of designated prizes available, each valid entrant will receive a prize and surplus prizes will be void.
The draw of prizes will take place at an operationally practical time for "you & me photography" staff, but never later than one calendar month from the end date of the competition.
Bonus draws: At "you & me photography"’s sole discretion a bonus prize draw may be held in any competition before the end date of the competition. Winners of a bonus draw will receive a prize not less than that of the publicised “runner-up” prizes for the competition. Winners of a bonus draw will then have their entries removed from the final draw of the competition. Bonus draw prizes will be in addition to the published number of prizes for the particular competition. (ie the published number and value of prizes drawn after the competition end date will not be affected, unless the number of entrants is reduced, as a result of the bonus draw, to less than the number of prizes on offer, in which case each remaining entrant will receive a prize, and surplus prizes will be void).
Number of Prizes: Unless specified differently in the particular competition promotional material, the number of prizes for each competition will be 40. Where there is a conflict between these terms and the particular competition promotional material, the competition promotional material will be deemed correct.
Value of Prizes: Unless specified differently in the particular competition promotional material, each prize will be deemed to be worth $450. Where there is a conflict between these terms and the particular competition promotional material, the competition promotional material will be deemed correct.
Composition of Prizes: Unless specified differently in the particular competition promotional material, each prize will consist of a gift card which may be redeemed at "you & me photography" in Spearwood for a photo shoot, with the balance of the gift card, if any, to be applied (in whole or part) towards the purchase of "you & me photography" products such as prints, wall art or albums. Each gift card will have an expiry date of not less than four weeks from the notification date. Where there is a conflict between these terms and the particular competition promotional material, the competition promotional material will be deemed correct.
Copyright, Moral Rights, and promotional usage of images: In consideration for the right to enter a particular competition each entrant agrees that, should they win a prize, copyright and moral rights of any photographs taken shall be assigned to "you & me photography". Entrants further agree that "you & me photography" may use, without payment of a fee to the entrant, any images taken during the prize shoot for promotion of "you & me photography" products and services, including, but not limited to, use of said images on Facebook, the Internet, signage or studio display. The entrant agrees to indemnify and hold harmless "you & me photography" against any claims that may arise out of the publication of such images.
General Terms for Claiming Gift Cards:
• Gift Cards must be redeemed by the holder prior to the expiry date and the holder must be over 18 years of age and must not have redeemed a gift card with "you & me photography" in the prior 12 months.
• Gift cards are not redeemable for cash.
• "you & me photography" works by appointment only and it is essential to book your shoot by calling the studio on the phone number provided on your prize certificate or this website.
• Information provided on the gift card or accompanying folders or letters form part of "you & me photography"’s terms.
• Bookings are subject to photographer availability.
• No gift card can be used in conjunction with any other offer, prize or promotion.
• Only one gift card can be used per booking.
• Gift cards can be used for: Family Shoots, Romantic Couples Shoots, Beauty Shoots (including glamour, pregnancy, portfolio and nude shoots), Baby Shoots and Pet Shoots.
• Please note that "you & me photography" does not undertake all forms of photography and gift cards specifically can not be used for product or commercial photography, nor professional “head-shots”, passport photos or groups of friends who are not family members.
Appointments Policy:
• "you & me photography" works by appointment only.
• All bookings must be made by phone by calling the studio number on this website or on our promotional material.
• Most shoots take around 60 minutes, but your shoot may be shorter or longer depending on its complexity.
• Your viewing and purchase appointment take place at the same time.
• You are welcome to bring a friend to the viewing to help you choose your purchases as we are only able to offer the one viewing and purchase opportunity.
• Please allow at least 90 minutes to view your images and make your purchases.
• Your gift card entitles you to a single booking and will be forfeited if you do not attend your appointment. Rescheduling, and carrying over of your gift card and deposit may be considered where 1) more than 48 hours notice is given 2) there is a genuine reason beyond your control 3) a substitute appointment is available. Any such rescheduling is entirely at the sole discretion of "you & me photography".
• "you & me photography" may refuse service where provision of service would, in our opinion, negatively effect the workplace rights, safety or well being of our staff or customers, or cause an unreasonable disruption to our normal operations.
Copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by "you & me photography".
"you & me photography" grants to you a worldwide non-exclusive royalty-free revocable license to:
• view this website and the material on this website on a computer or mobile device via a web browser;
• copy and store this website and the material on this website in your web browser cache memory; and
• print pages from this website for your own [personal and non-commercial] use.
"you & me photography" does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without "you & me photography"’s prior written permission.
Data mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request permission to use the copyright materials on this website by writing to annabel.n@youandmephoto.com
Copyright of Images
The copyright and all moral rights of the images on this website are owned by "you & me photography" (unless otherwise attributed) and all rights are reserved.
Enforcement of copyright
"you & me photography" takes the protection of its copyright very seriously.
If "you & me photography" discovers that you have used its copyright materials in contravention of the license above, "you & me photography" may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of "you & me photography"’s copyright materials that contravenes or may contravene the license above, please report this by email to annabel.n@youandmephoto.com
Infringing material
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to annabel.n@youandmephoto.com Website Copyright
This website is the sole ownership of "you & me photography" and can not be replicated in any way or part of.