Terms & Conditions

(scroll down for T&Cs for Workshops, Farm Tours & Pick-Your-Own Experiences)

PHOTOGRAPHY

1. Definitions

a. Photo Shoot is a session between the Photographer & the photographed subject(s) where the Photographer takes photos of the subject(s) chosen by the Client

b. Photography Services means:

i. The Photo Shoot

ii. The agreed number of professionally edited digital photos, provided electronically to the Client by the Photographer within 14 days of the date of the Photo Shoot

2. Payments

Payment is due in full at time of booking.

3. Interpretation

In this agreement, unless the context otherwise requires:

a. This agreement contains the entire understanding between the Client & the Photographer.

b. The Client’s acceptance of these terms & conditions occurs upon payment.

c. This Agreement is governed by the laws of NSW, Australia.

d. Product prices are subject to change. All prices include GST.

e. The Photographer will not be responsible for any failure or delay in providing services to the Client due to any events beyond the Photographer’s reasonable control, including but not limited to acts of God or elements of nature, war, civil commotion, labour disputes, strikes, pandemics, government regulation or restriction.

f. By accepting these terms & conditions, the Client acknowledges that they are at least 18 years of age, or the legal age to form a binding contract within their jurisdiction.

4. Photo Shoot Type

A Photo Shoot at Mustard Seed Small Farm (or elsewhere as pre-arranged) is held outdoors & includes photographs of attending family members & well-behaved pets, per the Client’s wishes.

The Photographer shall not be responsible for the personal appearance of the subject(s) including hair, make-up, wardrobe & personal accessories. Personal appearance is the Client’s responsibility.

5. The Schedule

Both the Client & the Photographer agree that punctuality & cooperation are essential to producing outstanding photographic results. In cases where the event does not run on time (for example, extreme lateness by a Client arriving to the Photo Shoot), the Photographer cannot be held liable for a lack of photos.

6. Client behaviour

Photographers must be respected at all times & with all communication, including but not limited to email & phone communication, & in person. Poor behaviour such as aggression, abuse or rudeness will not be tolerated.

Every effort will be made by Mustard Seed Small Farm & Photography to resolve any conflict. Should the Client refuse to partake in any mutually beneficial resolution, the Photographer may refuse to complete the Photography Agreement without refund or compensation.

The Client agrees to follow all reasonable instructions from the Photographer with regards to safety.

7. Photography styling

The Client acknowledges they are familiar with our style, & that our work is continually evolving. The photos taken may be different from those taken in the past. The images will be edited at the discretion & professional judgement of the Photographer.

8. Damages

All care & diligence will be exercised in the performance of the assignment & liability is limited to monies paid only should mechanical failure, theft, accident or any other mishap occur which prevents the fulfilment of this agreement.

The Photographer has working methods in place to prevent loss or damage to the Clients images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons beyond the Photographer’s control. In these circumstances liability is limited to the return of any fees paid for the service, or part thereof prorated according to the percentage of images supplied.

The Photographer has no control over the environment in which the delivered photos are kept & that USB drives have limited life expectancy. Hard drives/ flash drives have both been known to fail. The Client should have a backup strategy in place to remedy data loss.

9. Intellectual property

Kelly Thitchener owns & retains full copyright for any & all images taken.

Permission is granted by the Client to the Photographer for all media, marketing & promotion purposes. Exceptions to this can be accommodated, provided the Client has made the request in writing to the photographer prior to commencement of the Photo Shoot.

10. Cancellation Policy

Outdoor Photo Shoots are at times affected by poor/unsafe weather conditions & unable to occur on the booked date. Every effort will be made to reschedule the Photo Shoot to another time that suits both Client & Photographer. Should such a reschedule prove impossible, a full refund will be provided to the Client.

A client may request a reschedule for health reasons up to 2 days prior to the booked date: this will be accommodated by the Photographer subject to their availability. Clients who wish to cancel their Photo Shoot rather than reschedule forfeit their payment in full.

WORKSHOPS, FARM TOURS & PICK-YOUR-OWN EXPERIENCES

1. Payments

Payment is due in full at time of booking, excepting pick-your-own experiences, where payment is due after picking.

2. Client behaviour

Employees at Mustard Seed Small Farm must be respected at all times & with all communication, including but not limited to email & phone communication, & in person. Poor behaviour such as aggression, abuse or rudeness will not be tolerated.

Every effort will be made by Mustard Seed Small Farm & Photography to resolve any conflict. Should the Client refuse to partake in any mutually beneficial resolution, the business may refuse to proceed with the activity without refund or compensation.

3. Safety

Handling animals, movement around the farm & engaging in gardening activities all involve a risk of physical injury or damage to personal property, & this is acknowledged by the Client. Mustard Seed Small Farm & Photography cannot be held responsible for injuries sustained by the Client while on our premises, nor for any damage to personal property. Mustard Seed Small Farm & Photography will take steps to minimise such risks, & the Client agrees to follow all reasonable instructions from Staff with regards to safety. Refusal to comply with safety directives will result in the Client being asked to leave.

4. Photo Consent

Permission is granted by the Client to the Staff of Mustard Seed Small Farm & Photography for photographs to be taken at the activity for media, marketing & promotion purposes. Exceptions to this can be accommodated, provided the Client has made the request prior to commencement of the activity.

5. Cancellation Policy

Outdoor activities are at times affected by poor/unsafe weather conditions & unable to occur on the booked date. Every effort will be made to reschedule the activity to another time that suits both Client & Business. Should such a reschedule prove impossible, a full refund will be provided to the Client.

A client may request a reschedule for health reasons up to 2 days prior to the booked date: this will be accommodated by the Business subject to availability. Clients who wish to cancel their activity rather than reschedule forfeit their payment in full.