WILL FAULKNER PHOTOGRAPHY

TERMS AND CONDITIONS

1. Introduction

Welcome to Will Faulkner Photography. By booking a session with me, you agree to the following terms and conditions. Please read them carefully before completing your booking.

2. Booking and Payment

2.1 Booking Process

To book a session, you must:

Complete the online booking form.
Provide accurate and complete information in the intake questionnaire.
Review and accept the quote sent via email.
Pay the required deposit (if applicable).

2.2 Deposits

A deposit of 50% of the total quoted amount is required to secure your booking for all sessions. Deposits are non-refundable except as outlined in Section 3 (Cancellation and Rescheduling).

2.3 Payment Terms

The remaining 50% balance is due on the day of final image delivery. Payment must be made on or before the delivery date. If payment is not received within 14 days of delivery, a late payment penalty of 10% of the outstanding balance will be applied, and further late fees of 2% per month may accrue on any unpaid balance.

2.4 Payment Methods

Payments can be made via bank transfer to the details provided on your invoice. Credit card payments may be available upon request and may incur a processing fee.

3. Cancellation and Rescheduling

3.1 Photographer-Initiated Cancellations

Due to a medical condition, I may occasionally need to cancel or reschedule sessions, sometimes with limited notice. If I need to cancel your session due to my medical condition or other unforeseen circumstances, I will:

Notify you as soon as possible.
Offer to reschedule at your convenience.
Provide a full refund of any deposit paid if you prefer not to reschedule.

3.2 Client-Initiated Cancellations

Because of my flexible cancellation policy:

Clients may cancel or reschedule at any time before the session without penalty.
Deposits paid will be fully refunded if you choose to cancel.
Deposits can be applied to a rescheduled session date if preferred.
Please provide as much notice as possible when canceling or rescheduling.

3.3 No-Shows

If you fail to attend your scheduled session without prior notice, your deposit will be forfeited.

4. Scope of Work and Scope Changes

4.1 Scope Definition

The quote provided is based on the information you submit in your booking intake form, including:

Number of people to be photographed.
Group configurations required (e.g., full group, smaller groups, individuals).
Number of final retouched images.
Photography style and background preferences.
Location (studio or on-site).
Estimated session duration.

4.2 Intake Form Accuracy

You acknowledge that:

The information you provide in your booking intake form is accurate and complete.
The quote is based on this information.
You understand that inaccurate or incomplete information may result in additional charges.
You have reviewed example images from my portfolio to ensure style alignment.

4.3 Scope Changes on Shoot Day

If the actual requirements on the day differ from what was specified in your booking form, work will pause immediately while a revised quote is prepared and provided to you in writing.

Changes requiring re quoting include but are not limited to:

Additional people beyond the number specified in the booking.
Additional final images beyond the quoted quantity.
Additional group configurations not discussed in advance.
Change in photography style requiring different equipment or setup.
Extended session time beyond the estimate.
Location changes from what was agreed.
Additional outfit or background changes.

4.4 Approval Process for Scope Changes

You will receive the revised quote in writing (via text message or email) and must provide written confirmation of acceptance before work resumes. Additional charges will apply as per the revised quote, payable before final image delivery.

4.5 Additional Images

Images beyond the quoted quantity are available at the pre quoted price. This must be confirmed in writing before additional images are captured or edited.

5. Session Policies

5.1 Punctuality

Please arrive on time for your session. Late arrivals may result in a shortened session time, with no reduction in fees. If you are running late, please contact me as soon as possible.

5.2 Session Conduct

The photographer reserves the right to refuse service or terminate a session if the client behaves in a manner that is abusive, threatening, or creates an unsafe environment. In such cases, no refund will be provided.

5.3 Image Usage for Promotion

I reserve the right to use images from your session for promotional purposes on my website, social media, portfolio, and marketing materials unless you request otherwise in writing at the time of booking. If you prefer your images remain private, please notify me in writing.

5.4 Minors

A parent or legal guardian must be present during sessions involving anyone under 18 years of age. By booking a session for a minor, you confirm you have the legal authority to do so.

6. Copyright and Usage Rights

6.1 Copyright Ownership

All photographs taken by Will Faulkner Photography are protected by copyright law. The copyright remains with Will Faulkner unless otherwise agreed in writing.

6.2 Client License

Clients are granted a non-exclusive, perpetual license to use the delivered images for:

Personal use (prints, social media, personal websites).
Business use (corporate websites, LinkedIn, marketing materials, company publications).

6.3 Restrictions

Clients may not:

Sell or distribute the images commercially without written permission.
Remove watermarks or photographer credits.
Claim the images as their own work.
Alter the images in a way that misrepresents the original work (substantial editing or manipulation).
Use images for purposes that could be considered defamatory, illegal, or harmful.

6.4 Commercial Licensing

If you require extended commercial rights (e.g., for advertising campaigns, resale, or wide distribution), please contact me to discuss licensing fees.

7. Image Delivery

7.1 Proof Delivery

Unedited proofs or a selection gallery will be available within 48-72 hours after the session. You will receive a link to view and select your preferred images.

7.2 Image Selection

You must select your chosen images for final editing within 14 days of receiving the proof gallery. If no selection is made within this timeframe, I will select images on your behalf.

7.3 Final Image Delivery

Final edited images will be delivered within 24-48 hours after image selection. An invoice for the remaining 50% balance will be sent with the delivery notification. Payment is due on the day of delivery.

7.4 Delivery Method

Images will be delivered via a secure Google Drive download link. This link will remain active for 30 days. It is your responsibility to download and backup your images within this period.

7.5 Number of Images

The number of final edited images delivered will match the quantity specified in your quote. Additional edited images beyond the quoted amount are available at the pre quoted price and must be requested in writing.

7.6 File Formats

Images will be delivered as high-resolution JPEGs suitable for print and web use. RAW files are not provided unless specifically negotiated and paid for in advance.

8. Retouching and Editing

8.1 Standard Retouching

All final images include standard retouching, which covers:

Blemish removal (temporary spots, flyaway hairs).
Skin tone evening and color correction.
Exposure and contrast adjustments.
Minor background cleanup.

8.2 Retouching Style

Retouching is designed to look natural and professional. Images will not be heavily airbrushed or altered beyond industry-standard professional retouching.

8.3 Extensive Retouching

Requests for extensive retouching beyond standard editing (e.g., body reshaping, significant background changes, composite work) may incur additional fees and must be discussed in advance.

8.4 Revisions

Minor revisions to delivered images are included (e.g., slightly lighter/darker). Major re-editing requests may incur additional fees at the photographer’s discretion.

9. Liability and Indemnification

9.1 General Liability

Will Faulkner Photography is not liable for any injuries, damages, or losses sustained during the session. All participants attend at their own risk.

9.2 Equipment Failure

While every effort is made to ensure equipment reliability, the photographer is not liable for equipment failure. In the unlikely event of catastrophic equipment failure, you will be offered a full refund or the opportunity to reschedule.

9.3 Force Majeure

The photographer is not liable for failure to perform services due to circumstances beyond reasonable control, including but not limited to: acts of God, pandemic, extreme weather, government restrictions, or serious illness.

9.4 Limitation of Liability

The photographer’s total liability for any claim arising from services provided shall not exceed the total amount paid by the client for the specific session in question.

10. Privacy and Data Protection

10.1 Privacy Policy

Your privacy is important to me. I will not share your personal information with third parties without your consent, except as required by law or as necessary to provide the photography services (e.g., sharing with print labs).

10.2 Data Storage

Your images and personal information will be stored securely. Images may be retained for portfolio and archival purposes unless you specifically request deletion in writing.

10.3 Image Archiving and Backup

For your convenience, your final edited images are backed up securely using Backblaze cloud storage for a period of 5 years from the date of delivery. This backup is provided as a courtesy service to protect your images.

However, you are responsible for downloading and storing your own copies of all images. I am not liable for any data loss, corruption, or inability to retrieve backed-up images, though every reasonable effort will be made to maintain secure backups.

After 5 years, archived images will be automatically deleted from backup storage as part of our data retention policy. Please ensure you have downloaded and securely stored your own copies of all images within this timeframe.

10.4 Archive Retrieval

Your images are available for free download via Google Drive for 30 days after delivery. After this initial period, if you need files re-delivered, a retrieval fee of $50 applies to cover the time required to locate, prepare, and re-deliver your files.

This retrieval service is available only while your images remain in backup storage (within 5 years of delivery). After 5 years, images are automatically deleted and cannot be retrieved.

11. Miscellaneous

11.1 Entire Agreement

These terms and conditions, together with your booking confirmation and quote, constitute the entire agreement between you and Will Faulkner Photography.

11.2 Modifications

These terms may be updated from time to time. The version in effect at the time of your booking will apply to your session.

11.3 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full effect.

11.4 Governing Law

These terms and conditions are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria, Australia.

11.5 Assignment

In the event of illness, emergency, or scheduling conflict, I reserve the right to assign a qualified substitute photographer. You will be notified in advance whenever possible.

12. Contact Information

If you have any questions or concerns about these terms and conditions, please contact me:

Will Faulkner Photography
Email: will@willfaulkner.com
Phone: +61 411 205 718
Address: Unit 3/9 La Frank St, Burwood, VIC

By completing your booking and accepting your quote, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: December 21, 2025