Terms of Service
1. About these Terms
These Terms and Conditions (“Terms”) apply to photography services provided by The Coast Fine Art (“we”, “us”, “our”) to you (“you”, “client”). By booking a session, paying any invoice, or participating in a session, you agree to these Terms.
2. Bookings and session retainer
2.1 Booking confirmation. A booking is confirmed only when:
you have accepted these Terms; and
we have received the session retainer/booking fee stated at the time of booking (the “Retainer”).
2.2 Retainer purpose. The Retainer secures your date/time and covers preparation and administration. Because we decline other work once your date is held, the Retainer is non-refundable except where required by Australian Consumer Law or emergency.
2.3 Balance payments. Unless agreed otherwise, the remaining balance is due on the date of the session. Digital galleries, products, or files may be withheld until all invoices are paid in full.
3. Rescheduling
3.1 Notice. If you need to reschedule, please notify us as soon as possible. A minimum of 72 hours notice is required in order for you not to lose your deposit - unless there is an emergency or illness.
3.2 Reschedule window. The Retainer may be transferred to one rescheduled date if the new session occurs within 2 weeks of the original date (subject to availability).
3.3 Multiple reschedules. Additional reschedules may incur a rescheduling fee of $150.
3.4 Late arrival. If you arrive late, your session time may be reduced to avoid impacting other bookings. Image quantity and variety may be affected. Unless of an emergency or illness.
4. Cancellations
4.1 Client cancellations. If you cancel your session, the Retainer is forfeited (except where required by Australian Consumer Law or an emergency or illness).
4.2 Cancellation of packages/products. If you cancel after ordering prints, albums, wall art, or other products, you are responsible for costs already incurred (including supplier costs).
4.3 Our cancellations. If we must cancel due to illness, emergency, or circumstances beyond our control, we will offer (at our option) a reschedule or a refund of amounts paid (excluding any non-recoverable third-party costs).
5. Illness, newborn health and safety
5.1 Illness. If anyone in your household is unwell (including fever, gastro, contagious illness), please notify us promptly. We may require rescheduling to protect infants, clients and staff.
5.2 Newborn sessions are baby-led. Newborn and infant sessions are guided by the baby’s comfort and safety. We cannot guarantee specific poses, props, expressions, or images, and session outcomes vary by baby temperament, age, and settling. Safety is always the priority.
5.3 Supervision. A parent/guardian must remain present and responsible for children at all times.
6. Locations, travel and permits
6.1 Location choice. Sessions may be held at the location of your choice as agreed.
6.2 Travel fees. Travel beyond 20km from Elanora, Gold Coast may incur a travel fee of $35 - $50.
6.3 Permits/fees. Any location permits, entry fees, or venue charges are your responsibility unless agreed otherwise.
7. Image delivery, editing and turnaround times
7.1 Editing style. You acknowledge our editing style is part of our artistic service. We do not provide RAW/unedited files.
7.2 Turnaround. Estimated turnaround times are:
Between 2 - 7 days depending on the package you have selected
Final edited gallery: 5 day - 2 weeks after selections/payment
These are estimates and may vary during peak periods.
7.3 File delivery. Final images are delivered via Dropbox / download. Download links remain active for 7 days. Please back up your files immediately.
8. Products, prints and colour variation
8.1 Prints and albums. Print products are custom-made. Once ordered, they cannot be changed or cancelled.
8.2 Colour differences. Colours may vary between screens and print labs. We are not responsible for colour variation due to uncalibrated devices or third-party printing.
9. Copyright and usage licence
9.1 Copyright ownership. Unless agreed in writing, we retain copyright in all images we create.
9.2 Personal-use licence. Upon full payment, we grant you a non-exclusive licence to use delivered images for personal use (e.g., personal printing, sharing with friends/family, posting on personal social media), provided you do not:
sell the images;
use them for advertising, business, or commercial purposes;
alter them materially (heavy filters, face/body manipulation, removing watermark where applicable);
without our written permission.
9.3 Commercial use. Commercial use requires a separate written licence and will insure additional fees.
10. Social media, crediting and image alterations
10.1 Credit. When posting online, we appreciate being tagged where possible.
10.2 Edits/filters. Please do not apply heavy filters or edits that significantly change colours/skin tones, as this misrepresents our work.
11. Model release (portfolio use)
11.1 Permission. Unless you opt out in writing before the session, you grant us permission to use selected images for our portfolio, website, social media, marketing, submissions, and studio samples.
11.2 Opt out. You may opt out at any time prior to the session by emailing us. Opting out does not affect the session fee.
12. Liability and limitations
12.1 Reasonable care. We will provide services with due care and skill.
12.2 Indirect loss. To the extent permitted by law, we are not liable for indirect or consequential loss (e.g., missed opportunities).
12.3 Maximum liability. Where permitted, our liability is limited to resupplying the services or refunding the price paid for the services.
13. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law. If a consumer guarantee applies, you may be entitled to a remedy such as a refund, repair/replacement, or re-supply of services depending on the circumstances. ACCC+1
14. Privacy
We collect personal information (such as your name, contact details and session information) to provide our services and communicate with you. We store and handle personal information in accordance with our Privacy Policy (linked on our website).
15. Changes to Terms
We may update these Terms from time to time. The Terms in effect at the time you book apply to your booking.
16. Governing law
These Terms are governed by the laws of Australia and the courts of [your State/Territory].