1. Introduction

These Terms and Conditions (“Agreement”) govern the services provided by Shot by Thom Pty Ltd ("Photographer", "we", "our", or "us") to the client (“Client”, "you"). By booking our services, the Client agrees to these Terms and Conditions.

2. Booking and Payment

• Booking Confirmation: Bookings must be confirmed in writing via email to hello@shotbythom.com.au or thom@shotbythom.com.au.

• Full Payment: The remaining balance is due 7 days post the event or photography session. Payments can be made via details on the invoice.

• Late Payment: Any overdue payments will incur a late fee of 20% per day.

3. Client Responsibilities

• Availability: The Client agrees to ensure their availability for the agreed-upon date and time of the photography session.

• Location: The Client is responsible for providing clear directions to the photography location and for ensuring the location is available and accessible on the scheduled date.

• Conduct: The Client agrees to respect the Photographer’s professional direction and cooperate during the shoot.

4. Photographer's Rights and Deliverables

• Copyright: All images taken by the Photographer are the intellectual property of the Photographer. The Photographer grants the Client a non-exclusive license to use the images for web and social media purposes only, further usage will be quoted per use.

• Image Delivery: The Photographer will provide the final edited images within 5 business days after the event or session. Digital files will be delivered via wetransfer, Pixieset or google drive.

• Editing: The Photographer reserves the right to edit images at their discretion, and the Client understands that not all images may be included in the final delivery.

5. Cancellations and Rescheduling

• Client Cancellation: In the event the Client cancels the session, the deposit is non-refundable. If the Client cancels after the full payment is made, a refund of 50% may be issued, provided the cancellation occurs 48 Hours prior to the session. Cancelations within 48 hours will incur a fee of $250 for less than 4 hour or $500 for a shoot 4-8 hours.

• Photographer Cancellation: In the unlikely event the Photographer is unable to attend the session due to illness, emergency, or other unforeseen circumstances, the Photographer will work with the Client to reschedule.

• Rescheduling: If the Client needs to reschedule, it must be done at least 48 hours in advance. A rescheduling fee may apply.

• Booking Time: If the photoshoot concludes earlier than scheduled, the client will be charged for at least 75% of the originally booked hours. Minimum fee Starting from 1 hour.

6. Liability and Limitation of Damages

• Limitation of Liability: The Photographer is not liable for any indirect or consequential damages, including but not limited to personal injury or loss of income, resulting from the Client's use of the photographs.

• Equipment Failure: The Photographer will take all reasonable precautions to ensure the safe and secure operation of all equipment. However, in the unlikely event of a technical malfunction, the Photographer’s liability is limited to a refund of fees paid or re-shooting the session at no additional charge.

7. Model Release

The Client agrees that the Photographer may use the images for promotional purposes, including but not limited to portfolios, websites, social media, and marketing materials, unless otherwise agreed upon in writing. If the Client does not wish to grant such rights, they must notify the Photographer in writing prior to the session.

8. Privacy and Confidentiality

The Photographer respects the Client's privacy. Any personal information provided by the Client will only be used for the purpose of fulfilling the terms of this Agreement. The Photographer will not share or disclose personal information without the Client's consent, except where required by law.

9. Force Majeure

Neither party shall be held responsible for any delay or failure to perform any obligation under this Agreement due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, or governmental restrictions.