By booking a photographic session with The Newborn Studio, you agree with the policies and conditions outlined here. Please familiarise yourself with our policies before your photographic session. Policies are in place to reassure both the client and photographer of terms and conditions of the exchange of service provided.
session fee - newborn and family portraits
The session fee is due upon booking to ensure a date in our calendar.
Photographic services are limited per month and your session fee guarantees your spot around your chosen date.
Session fees for Newborn and Family Portraits are credited back to your final invoice amount.
The session fee must be paid upon booking, prior to your session.
The session dates/times will not be held without the Sitting Fee payment.
The Newborn Studio reserves the right to give our session date to another client if you do not provide payment within 48 hours of receiving the Session Fee invoice.
The Session Fee payment is non-refundable within 3 weeks of your session if you CANCEL outright, as I cannot usually fill last-minute cancellations. If you need to RESCHEDULE within 3 weeks because of sickness, date change, or work/personal circumstances, I will work with you to provide 1 rescheduled date, asap after your original date.
Only one rescheduled session is permitted, otherwise a full Session Fee is payable again to secure another date.
The session fee will NOT be refunded if you walk away from the session without ordering photographs or digital images from the session.
Please remember that we spend hours with our clients, photographing, on the phone and via email, planning and styling. It is upsetting and a waste of our time to spend hours with a client, for them to walk away without any photos. Your images will be deleted if you choose to walk away.
minimum spend
A basic price list is viewable on my website www.thenewbornstudio.com.au and a full price list will be emailed to you upon booking, and is available again in hard copy at your session.
There is a minimum spend of $995 for a Newborn or Family Portrait session, or $690 for a Baby/Cake Smash/Pregnancy session.
By booking a photographic session, you agree to meet the minimum spend requirements for your chosen session.
Please do not book a session with The Newborn Studio if you do not intend to meet our minimum spend requirements. If you do not meet our requirements you will not be offered any future photographic sessions.
This minimum spend is my base package and includes digital images. No products are available to purchase which are less than the minimum spend.
The majority of my clients spend $1500 – $5000+ on Wall Art, prints, Digital Images and other products which is entirely up to the client. I will never pressure you into purchasing anything, you are welcome to purchase the products you wish, over the minimum spend.
placing your product order
This applies to Newborn and Family Portraits.
You will be offered a Design Appointment in-person or via Zoom, within one week of your photographic session, where you will view your newborn images, choose your favourites, select prints or products to purchase, and pay for your order.
FULL PAYMENT IS DUE whilst in the Studio at the Design Appointment, or over Zoom. No digital images or prints are released until full payment is made.
All adults must attend the appointment as financial decisions will be made and a deposit payment processed on the day. Payment can be made via Direct deposit, cash, credit card or Afterpay.
Please be aware that if paying by Direct Deposit, this must be done in the Studio, or over Zoom.
online galleries
Online galleries are only available to Mini Sessions, Sitter, Maternity and Cake smash sessions.
Online galleries are NOT available for Newborn or Family Portrait sessions due to the nature of the sessions.
NEW: Online galleries are strictly available for 5 days only. We will give 1 day extra grace period to re-visit your gallery, and then a $50 fee will apply to re-instate your gallery from the 6th day.
Christmas galleries are deleted from early January, please download and save your photos before Christmas.
payment plans
Please communicate with The Newborn Studio if you require a payment plan.
Payment plans are available, including Afterpay.
Payment plans are available at the discretion of the Photographer, for a maximum of 2 months only. This must be done as an automatic direct debit set up with our secure online payment system.
Afterpay is available to pay off your products over 6 weeks. Please sign up to the Afterpay mobile app to use.
Afterpay requires 1 payment of 25% of your order to be paid in the studio or via text message. Afterpay charges 4 equal instalments over 6 weeks, each fortnight.
LATE fees & legal ACTION
We do not like charging late fees, however, late fees are necessary as non-payments and non-orders takes up hours of our time, and creates further delays for other clients. Please ensure to pay on time to avoid late fees.
Clients will receive multiple reminders via email before late fees are added to the invoice, or before legal action is taken.
- At the Design Appointment: Full payment is due at your Newborn or Family Portrait Design Appointment by cash, credit card, PayPal or Afterpay.
- Full payment is due for any other session, by the session date.
- If an order is not placed: If clients have not yet placed an order, or failed to order at their Design Appointment, a $200 Late Order Fee applies to process the order, or to start a new order. There are no exceptions, as this creates hours of delays for other client orders, and a backlog to our processes.
- After 8 weeks: Clients who have had persistent reminders and have yet to pay in full, or have not been in contact, or have not made payments towards their products, or have an outstanding invoice, will be sent a Letter of Demand. This is the first step towards legal action which may be taken for an outstanding debt. Of course, we want to avoid further action, so please communicate any financial changes to your payments with us promptly.
Your trust in us to preserve your precious moments means the world.
$39 SIMPLY BABIES sessions
Simply Babies sessions (previously called Boho Babies) are $39 and include 3 Digital Images, and are held on one day each month. These images are chosen by the Photographer and will be sent to the client within a few days of the session. Extra photos are not available to purchase. This policy is specific to Simply Babies (Boho Babies and Bellies) sessions only.
mini sessions
Mini sessions or sessions other than regular priced sessions have their own terms and conditions that are sent to the client as part of the booking process. Mini sessions are generally shorter, quicker, with less inclusions, at a cheaper price. Mini sessions are only held a few times throughout the year and only at the photographer’s discretion.
Christmas sessions are a specific short mini session, usually 15-20 minutes, with a flat fee including digital images. Refer to the current Christmas session details for more information.
"$29 for the 29th"
The current “$29 for the 29th” promotion is only available to purchase on Thursday 29th February 2024, expiring at 11.59pm.
This promotion involves entering the code FEB29 when purchasing a $290 Gift Voucher online, for a reduced price of only $29. This Gift Voucher entitles the client to $290 of Wall Art or Album print credit. Print credit means $290 of credit to spend towards large printed products, frame/acrylic/canvas prints or printed Albums. Small printed hand-held prints are not included.
To redeem, client must purchase the $290 Gift Voucher on the specified day, enter the code, and book the session in with the photographer in the specified time.
Only one voucher is allowed to be purchased per client, and only one voucher used per family.
Sessions must be booked and held before 1st August 2024.
The client is welcomed to purchase digital images or other printed products at regular pricing. Wall Art prices start at $350. Album prices start at $1750. The $290 print credit will be deducted from this final spend.
All other studio policies apply.
client's responsibility
I ask you as the client to make every effort to cooperate with me to fulfil my contracted photographic duty. The Newborn Studio cannot accept responsibility for the extent of the photographic coverage due to uncooperative behaviour from children or adults, and that failure to cooperate with the result of minimal photographic coverage within our nominated session timeframe, will subsequently terminate our photography session.
Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
If you ask for excessive editing to remove logo’s or fix flaws, extra charges will be invoiced.
Your photography session may be cancelled if you show up to the session intoxicated, under the influence of drugs or alcohol, unruly or with inappropriate behaviour. Your session fee will not be refunded.
photographer's responsibility
The Photographer shall take all necessary and reasonable precautions to keep Client’s images safe, secure, and protected from theft, loss, or damage. This includes, but is not limited to:
- Storing images on secure, password-protected digital devices and cloud-based storage services.
- Backing up images regularly to multiple locations to prevent data loss.
- Maintaining proper data management practices to ensure the integrity and longevity of the images.
- Using high-quality, professional-grade equipment to capture and process the images.
- Photographer will deliver the final images to Client in the format and method agreed upon by both parties.
- Delivery will occur within a reasonable timeframe, as specified in a separate agreement.
- Keeping client details and data safe and only contacting clients by reasonable means for marketing, contact or session purposes.
Elements beyond the photographer’s control including but not limited to fire, theft, weather, sickness, incapacitation, flooding, pandemic or other events, may prevent the photographer from accessing or delivering photographs to the client, and is not the fault of the photographer.
However, in the event of a complete loss of photographs or inability to provide said photographs or complete the order, The Newborn Studio agrees to refund monies paid (not including the session fee), and will refund what the client has currently paid towards the product order, if the photographer cannot complete the order for any reason.
australian consumer law
Clients can choose between a refund or replacement, if the printed product they have purchased is faulty or has a major problem.
A major problem means the product:
- is unsafe
- is very different from the description or sample
- has either one serious problem or several smaller problems that would stop someone buying the product if they knew about them beforehand
- can’t be used for its normal purpose, or another purpose the consumer told the seller about before they bought it, and can’t easily be fixed within a reasonable time.
Consumers are not entitled to a repair, replacement or refund under the consumer guarantees if:
- they got what they asked for but simply changed their mind, found the product cheaper somewhere else, or decided they didn’t like the purchase or had no use for it.
- the problem with the product was caused by the consumer misusing it
- they knew of or were made aware of the problem with the product before they bought it (but they may be entitled to a repair, replacement or refund for a different problem with the product that wasn’t made clear to them before they bought it)
- asked for a service to be done in a certain way against the advice of the business
- the problem with a service was caused by the actions of someone other than the business.
There may be issues beyond the business’s control which I am not aware about when the client purchased the product – for example, unexpected delays in receiving products or components from suppliers, or postal delays.
If the problem is due to something beyond my control, which I didn’t know about when the consumer purchased the product, the client should give the business a chance to provide a solution. This may include providing a refund or replacement. If there are issues with supply outside my control, I will give you comparable options or the choice of a similar product.
If you have a problem with any printed product, please contact me urgently at claire@thenewbornstudio.com.au so I can help rectify the problem and provide a solution. This includes any colour changes of prints or products, accidental damage to any products or problems with any frames, artwork, albums, prints, or other products supplied by us. We only want you to have the best products available, and we take pride in ensuring our clients have beautiful artwork on their walls for many years to come.
digital archive
The Newborn Studio is not responsible for loss or damage to the digital files due to circumstances beyond our control, by Act of God, nature, weather, or other. The Photographer endeavours to archive and backup regularly however cannot guarantee the quality of digital files kept on or off the premises.
I encourage you to backup your Digital Images after purchase, on at least 2 different external devices.
copyright
The Newborn Studio owns the Copyright in all photographs. The Copyright is not for sale. RAW or unedited images are not for sale.
social media
I very much appreciate families allowing me to show their photographs for marketing, on my website and social media, and consent is given automatically as part of your contract.
However, if you wish to refrain from showing your photographs publicly for whatever reason, please let me know and I am happy to keep your photographs private.
You can withdraw use of your images online at any time, however please understand that online or printed materials may already be in use in marketing, studio samples, or other printed or online media, and cannot always be removed. You cannot withdraw use of your images used in competition, after they have been submitted, as the 3rd party competition guidelines usually further share these images.
At times I will ask to use your photographs creatively for award use, competitions, and the like. I will only use these images with your written permission.
covid19 or other illnesses
Any current Government-issued Covid19 rules in place apply in the Studio.
In the extent that a mandatory lockdown is in force on your photo session date, your session will be rescheduled to the earliest time when we can safely hold your session date. Every session can be rescheduled so please don’t worry about this. If you choose to cancel your photo session due to a lockdown or Covid-related event, your Session Fee payment will not be refunded.
If the Photographer is unwell around your session date, your session date may need to be rescheduled or another photographer may be supplied as a replacement. I will only supply photographers who I trust and know are similar to myself. No refunds apply if you are unhappy with another photographer attending your session.
DO NOT attend the Studio or any other photo shoot if you or your immediate family members attending are sick with any respiratory or viral illness. We will work with you to find a suitable rescheduled date if necessary.
liability
The Photographer is not responsible for any injuries inflicted upon any participating parties. You are responsible for your children during the photography session. As part of our contract, you release the photographer from any claims against their person or their business.
image misuse
The Newborn Studio retains all copyrights to all images created during your session.
Purchasing Digital Files does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission, giving to 3rd party news corporations, etc without written consent. Your usage is for your own personal usage and does NOT cover news articles or publications.
It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by The Newborn Studio during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced at the cost of $295 for EACH digital image client has stolen.
GIFT CERTIFICATES
I love offering Gift Certificates, they’re a great way of showering friends and family with beautiful photographs!
Gift Certificates are available to purchase here in different amounts however the minimum spend for that particular photographic session must be met. Gift Certificates are able to be purchased for Baby/Cake Smash sessions and Newborn/Family portrait sessions, covering the minimum amount. If you are purchasing for a friend who already has a session booked with me, you are welcome to purchase a custom amount that will be credited towards their products.
Please be aware that the recipient of the photographic session must meet the minimum spend requirements. If you choose to gift an amount that is below the minimum spend, the recipient will be invoiced the remaining amount.
session requests
You are welcome to video parts of their session, only if including the Photographer in the video, as a behind-the-scenes footage. Behind-the-scenes footage is encouraged to be shared on social media with The Newborn Studio tagged so the footage can be viewed and shared.
Please do not photograph your baby during the session with your phone or camera. That’s what you’re engaging me for!
During the session I may take phone videos to use in social media marketing and behind-the-scenes footage.
Please do not bring any children or extended family not being photographed to the session.
privacy policy
We are committed to protecting your privacy and ensuring that your personal information is handled responsibly. This Privacy Policy outlines our practices concerning the collection, use, and disclosure of your personal information in accordance with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988.
Information We Collect
We may collect various types of personal information from you, including but not limited to:
- Name
- Contact information (address, email address, phone number)
- Photographs and images
- Payment information
- Booking and scheduling information
- Correspondence and communication records, emails and notes.
3. How We Use Your Information
We may use your personal information for the following purposes:
- To provide photography services
- To communicate with you regarding bookings, appointments, or inquiries
- To process payments if requested
- To send you promotional materials
- To comply with legal obligations
- On a first-name basis in a blog post, social media share, testimonial or other online use, attached to your image/s
- As photographs of yourself or your family, in a blog post, social media, website, marketing, print, testimonial, or other use of suitably fit nature. As we are a Photography business, we will continue to share photographs of our clients for marketing. If you would like your images to be kept private, you are more than welcome. Please notify us ASAP before your session so we can keep your photos private.
4. Sharing Your Information
We may share your personal information with third parties for the following purposes:
- With Stripe or Square, if you have requested us to keep your credit card details and charge accordingly and as per your request, in these third-party service providers who assist us in providing our services.
- With other third parties where we require your name and/or payment details in order to facilitate your booking and process any payments.
- With your explicit consent, for marketing and promotional activities
- To comply with legal requirements or government authorities
5. Security of Your Information
We take reasonable measures to protect your personal information from unauthorized access, disclosure, or alteration. However, no method of data transmission over the internet is entirely secure, and we cannot guarantee absolute security.
6. Your Privacy Choices
You have the right to:
- Access your personal information by requesting to see your current personal information we have on file, via email
- Correct inaccuracies in your personal information
- Request the deletion of your personal information (subject to legal obligations). If you request to have your information deleted we will delete your questionnaire emails and delete your client file from our current booking software, to the best of our ability.
- Opt out of marketing communications. This can be done via unsubscribing to any unwanted marketing emails sent via our software provider, or through contacting us at claire(at)thenewbornstudio.com.au
7. Cookies and Analytics
Our website may use cookies and analytics tools to collect information about your use of our website. This information is used to improve our website and provide you with a better user experience.
8. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for legal compliance purposes. The most recent version will always be available here on our website.
9. Contact Us
If you have any questions or concerns about this Privacy Policy or the way we handle your personal information, please contact us at: claire(at)thenewbornstudio.com.au
