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Terms of Service

Accepting Terms of Service

Please make sure to read the Terms of Service before making deposit. Successfully making the deposit or
verbal/written confirmation of a booking means you agree to the Terms of Service. Any special requests which
changes the contract (fees may apply) must be made before the deposit/confirmation of booking, requests after
the booking date may not be accepted.

Booking

  • A deposit of 30% is required to confirm the booking, the rest is paid when invoiced (this can vary).

  • Clients agree to provide their email and phone number to the photographer for communication and photo-sharing purposes.

  • The client agrees to provide the photographer with all necessary information and cooperation needed to complete the agreed-upon services.

  • Confirming the booking with only 10 to 6 days' notice consists of a $20 late booking fee.

  • Confirming the booking with only 5 to 2 days' notice consists of a $35 late booking fee.

  • Confirming the booking within 24 hours or less from the booking consists of a $60 booking fee.

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Pricing

  • Pricing and package deals are not permanent and may be altered at any time.

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Payment

  • A bank transfer is the standard way of payment. Please notify us when booking if the client wishes to pay in cash.

  • An invoice will be sent after the event. Please notify the photographer with a screenshot of the digital transfer receipt.

  • No photographs will be delivered until all payments are paid in full.

  • The client is paying for the photographer’s time, effort, experience and skills which are self-taught over time.

  • The client is paying for the photographer to travel to the booking, take photos, filter through, edit, upload, document and share the images.

  • If the client has any dispute with the invoice, it must be addressed within 14 days after receiving the invoice.

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Extending or Shortening hours

  • If the client decides to increase the photographing hours during the booking, 150% of the hourly rate applies.

  • If the client decides to shorten the photographing hours, the agreed amount on the quote will be charged.

  • For wedding bookings, the hours displayed on packages are continuous coverage. No gaps above 30mins are possible in between the booked hours (this may be flexible depending on the situation).

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Photo Turnover

  • We will deliver the final images to you via an online gallery and/or on a USB drive. The turnaround time for image delivery may vary depending on the service and package you have selected.

  • USB delivery is available for a fee. Delivery of the USB to the client's chosen address will take extra time. 

  • Edited images will be kept in archives for 2 months after submission.

  • If the client loses the submitted photos after receiving them, the photographer cannot guarantee to supply them again.

  • Original files of any kind are not available.

  • Any changes with the delivery that the client would like done must be stated within 7 days after delivery and the revision will be done at the time convenience of the editor.

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Loss & Damage

  • Once the client has received the content or USB, loss or damage is the client's responsibility.

  • The photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If however, the material is lost, stolen or damaged for any reason, the photographer shall refund all monies received.

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Editing and Retouching

  • If the client has any specific editing styles that they want, they must notify the photographer before the event. If not notified then the photos will be edited in an appropriate style.

  • All images will be adjusted for exposure, contrast, sharpness, clarity, colour etc. The photographer’s decision on these editing changes is to the best of their knowledge and ability.

  • It is possible that some images can be lacking in quality due to uncontrollable lighting conditions that may occur at the event/shoot such as extreme brightness or darkness.

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Social Media

  • By giving permission to be photographed and videographed, you agree that the photos and videos taken at the event/shoot are allowed to be posted on Kevin James Photography's social media and websites anytime in the future.

  • The client is responsible for informing the photographer in advance if any individuals present at the shoot or session do not consent to being photographed and/or recorded.

  • The photos will only be used for portfolio, marketing, advertising, promotions, sales and educational purposes.

  • If the client would like to not have any images from their booking be used by Kevin James Photography, a calculated fee is required to confirm this request. This request should be made before the invoice (full or remaining amount) is paid by the client.

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Travel & Extra Services

  • Travel is included for all bookings for up to 30kms on route from Aruba Ct, Southern River. Kilometers beyond 30kms (there and back) is charged at $0.90 per kilometer. Kilometers between locations in the Outer Region are also charged $0.90 per kilometre.

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Unsatisfied/Complaints

  • Any issues with the photographic submission must be reported to the photographer as soon as possible, within a maximum of 7 days from the photo submission.

  • The photographer will attempt to resolve the issue to the best of his ability.

  • The photographer has the right to refuse the client's requests for re-editing with a fair reason.

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Cancellation/Rescheduling/No-Show

  • Notification of cancellation must be submitted in writing.

  • Cancellations made more than 30 days (excluding the booking date) before the scheduled booking will receive a full refund.

  • Cancellations made between 15 and 30 days (excluding the booking date) before the scheduled booking will incur a 20% of deposit as a cancellation fee (the remaining deposit is refunded).

  • Cancellations made between 8 and 14 days (excluding the booking date) before the scheduled booking will incur a 50% of deposit as a cancellation fee (the remaining deposit is refunded).

  • Deposit is non-refundable is a cancellation is made 7 days or less before the scheduled booking (excluding the booking date).

  • If a booking is postponed due to unfortunate weather, a mutual agreement can be made to reset a date (no fees).

  • Rescheduling requests made more than 14 days before the scheduled booking will be accommodated without any additional fee.

  • Rescheduling requests made 14 days or less (excluding the booking date) before the scheduled booking will incur a $50 rescheduling fee.

  • If the client does not show up for the scheduled booking and does not provide notice, the booking will be considered cancelled and the deposit will be non-refundable.

  • In the unlikely event of the assigned photographer being unable to attend your wedding/event due to unforeseen circumstances, I reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.

  • In the event of cancellation by the photographer, or in the very unlikely event of total photogenic failure, liability shall be limited to a full refund of any fees paid.

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Weather Obstruction

  • The photographer will not perform services in conditions that may be potentially dangerous to the service provider or the equipment.

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Music Selection

  • KJ Photography will only use music from a licensing website we are subscribed to or royalty-free music may be used as well..

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Copyright

  • All copyright of images taken by Kevin James Photography remains with the photographer. It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the photographer.

  • The photographs delivered to the clients are to be used only for personal reasons including social media sharing and printing. Any intention to use the images for financial purposes or gain is not allowed unless you have written permission from Kevin James Photography.

  • If the client prefers to have the photos not posted online or shared publicly, this is only possible if the client owns the copyright to the photos. Buying the full copyright to the photos delivered required additional fees. Here are some other options that you can also consider.

  • RAW/original media are not available for purchase.

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Intellectual Property

  • Any images or copies of images whether stored digitally or otherwise and any computer files or printed documentations relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of Kevin James photography. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of Kevin James Photography.  

  • Kevin James Photography retains a license to intellectual property. This includes but is not limited to use any images for promotional purposes, marketing use. This includes the use of images on websites, print material, social media and promotional material.

  • The client grants the photographer the unrestricted right to use and alter the material for commercial, promotional, marketing, display,  competition or other purposes without compensation, and hereby releases and shall hold harmless the photographer from all claims or liability resulting from or associated with the use of the material.

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Alterations

  • Unless written consent is provided, the images provided by Kevin James Photography cannot be altered, cropped, distorted or affected in any other way.

  • The photographer shall not be liable for any claims whatsoever resulting from alterations made to the material by the client.

  • The photographer grants the client the right to make an unlimited number and format of copies of the photographs in any medium for personal use.

  • The client shall obtain written permission from the photographer before selling or publishing any of the material for financial gain.

  • Kevin James Photography requests that all photography used on the internet, social media, print and other forms of sharing other than personal use to be credited to Kevin James Photography. Copyright logos cannot be cropped out or removed by any third party.

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Location & Permissions

  • It is the client’s responsibility to obtain permission for entry to and photography at all applicable locations and to advise the photographer of any restrictions or policies in place at all applicable locations.

  • The photographer shall not be held responsible for any photographs requested but not provided resulting from the late arrival of the client or booking-related people due to unforeseen circumstances.

  • It is also the duty of the client to keep guest photographers from hampering the photographer during the designated official photography time.

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Meals & Breaks​​

  • The photographer(s) / videographer(s) will be allowed one 20 minutes break at their own discretion, and bathroom breaks when necessary. Each photographer/videographer will be provided a full guest meal for any photography session lasting longer than 5 hours. If no meal is provided, the photographer(s) reserves the right to go off-site for a meal for 45 to 60 minutes. 

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Agreement

  • The client agrees to these terms of service and privacy policy by booking with Kevin James Photography (making any kind of payment or written [on-screen included] agreement to go ahead with the booking).

  • The agreement shall be considered as binding as a manually signed paper.

  • Electronic signatures are the same as handwritten signatures for the purpose of validity, enforceability, and admissibility.

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Other

  • The client agrees to obtain any necessary permissions and releases for any persons or property included in the photographs and video.

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Privacy

  • All client details are stored in an internal private database, none will be shared publicly.

  • All information and discussions between the client and Kevin James Photography are considered confidential and will not be disclosed to any third party.

  • By booking services with Kevin James Photography, you acknowledge and agree to the privacy policies of Google, Pixieset, Adobe, and other software utilised in the content creation process.

  • By booking photography services with Kevin James Photography, you acknowledge that the creation and delivery of your content may involve the use of services provided by third parties, including but not limited to Google (for data storage, Google Review and potential analytics), WIX for website hosting, Westpac (for taking payments), Pixieset (for image delivery and hosting), Meta (for social media posts) and Adobe (for image editing). Your personal data may be subject to the privacy policies of these providers, which we encourage you to review. Our own practices regarding the collection, use, and protection of your personal data are detailed in the Kevin James Photography Privacy Policy, available hin this page below. By proceeding with a booking, you confirm that you have read and agree to both our Privacy Policy and acknowledge the potential application of these third-party privacy policies.

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Contact Us

  • If you have any questions about these terms, please contact us.

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The client agrees to all other standard conditions based on photography services.

The terms of service above are not permanent and can be altered anytime.

If multiple bookings are made, these terms apply separately to each one.

 

Privacy Policy for Kevin James Photography

Last Updated: 18/01/2025

Kevin James Photography (referred to as "we," "us," or "our") is committed to protecting the privacy of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you book our photography services.
 

1. Information We Collect

We may collect the following types of personal information:

  • Contact Information: Your name, venue address, email address, and phone number.  

  • Booking Information: Details related to your photography session, including date, time, location, type of session, and any specific requests.

  • Payment Information: If you make payments, we may collect payment details (though this is often processed through secure third-party payment processors, and we may only retain limited transaction information).

  • Photographs and Videos: The images and videos captured during your photography session.

  • Website Usage Data: Information about how you use our website, such as your IP address, browser type, pages visited, and referring website. This may be collected using cookies or similar technologies (see section 6).

  • Communication Data: Records of any communication between us, including emails, messages, and phone calls.

  • Marketing Preferences: Whether you have opted in to receive marketing communications from us.


2. How We Collect Your Information

We collect your personal information in the following ways:

  • Directly from you: When you inquire about our services, book a session, complete forms, communicate with us, or provide us with information in person.

  • Automatically (website usage): Through cookies and similar technologies when you visit our website (although you stay anonymous).

  • During photography sessions: Through the capture of images and videos.


3. How We Use Your Information

We may use your personal information for the following purposes:

  • To provide our services: To plan, conduct, and deliver your photography session and the resulting images/videos.

  • Communication: To communicate with you regarding your booking, answer inquiries, and provide updates.

  • Payment processing: To process payments for our services.

  • Image storage and delivery: To store and deliver your photographs and videos, potentially using third-party platforms like Pixieset and Google.

  • Website administration (if applicable): To manage and improve our website.

  • Marketing (with consent): To send you promotional materials, special offers, or newsletters if you have opted in to receive them. You can opt out at any time.

  • Portfolio and promotion (with separate consent): We may use selected images from your session in our portfolio, on our website, social media, or in other promotional materials, but we will always seek your explicit consent before doing so.

  • Legal obligations: To comply with applicable laws and regulations.

  • Internal record keeping: For our internal administrative and business purposes.

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4. Disclosure of Your Information

We may disclose your personal information to the following:

  • Third-party service providers: We may share your information with third-party service providers who assist us in delivering our services, such as:

     

  • With your consent: We may share your information with other parties if you have given us your explicit consent to do so (e.g., for promotional purposes).

  • Legal requirements: We may disclose your information if required by law, court order, or other legal process.

  • Business transfers: In the event of a merger, acquisition, or sale of all or part of our business, your information may be transferred to the acquiring entity.  

 

5. Security of Your Information

We take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. These steps may include:  

  • Secure storage of digital files.

  • Password protection and access controls for our systems.

  • Using reputable third-party service providers with their own security measures.

  • Regularly reviewing our security practices.

However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your information.  

6. Cookies and Similar Technologies (If Applicable)

Our website [Your Website Address, if applicable] may use cookies and similar technologies to collect information about your browsing activities. Cookies are small text files that are stored on your device. We may use them to:  

  • Improve website functionality.

  • Personalise your experience.

  • Analyse website traffic (e.g., using Google Analytics).

You can control your cookie preferences through your browser settings. However, disabling cookies may affect the functionality of our website.  

 

7. Your Rights and Choices

You may have certain rights regarding your personal information under the Australian Privacy Principles, including the right to:

  • Access: Request access to the personal information we hold about you.

  • Correction: Request that we correct any inaccurate or incomplete personal information.  

  • Erasure: Request that we delete your personal information in certain circumstances.

  • Object to processing: Object to the processing of your personal information in certain circumstances.

  • Restrict processing: Request that we restrict the processing of your personal information in certain circumstances.

  • Data portability: Request to receive your personal information in a portable format.

To exercise any of these rights, please contact us using the contact details provided below. We may require you to verify your identity before processing your request.  

 

8. Data Retention

We will retain your personal information for as long as necessary to fulfil the purposes for which it was collected, including to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements. Photographic images may be retained for archival or portfolio purposes, subject to your consent.  

 

9. Links to Other Websites

Our website www.kevinjames.photography may contain links to other websites. We are not responsible for the privacy practices of these third-party websites. We encourage you to review their privacy policies before providing them with your personal information.  

 

10. Changes to this Privacy Policy

We may update this Privacy Policy from time to time, and it will be effective from the date of posting. We encourage you to review this policy periodically.  

 

11. Contact Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:  

contact@kevinjames.photography

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