Terms & Conditions (aka how we can better help each other)

Standard Terms & Conditions

The terms and conditions of our working relationship are defined below. All projects or services that we produce or provide for you will be subject to the following:

General

The following definitions apply:

“Customer” means you, a person or entity entering into an agreement for the supply of goods and/or services by the supplier and includes the customer’s agents and permitted assigns.

“Supplier” means us, Yu Ling Marinucci trading as Little Yellow Unicorns, as the supplier of goods and/or services in the Proposal and includes the supplier’s agents and permitted assigns.

“Goods” means any goods supplied by the supplier including those supplied in the course of providing the services.

“Services” means the services to be provided by the supplier to the customer in accordance with a Proposal and these terms and conditions of trade.

“Booking” means a 60 – 90 minute photographic session with the supplier.

These terms and conditions apply to all trade transactions between the customer (you) and the supplier (us) relating to the provision of goods and/or services, including all proposals and project revisions, alterations & modifications.

These terms and conditions take precedence over terms and conditions contained in any document of the customer or elsewhere. Variation, waiver or a party’s consent to a departure from a provision of the terms and conditions will be ineffective unless in writing and executed by both parties.

The Services

 a. We agree to provide photography services to the customer named in the booking, on the agreed dates, with reasonable skill and care.

 b. By booking a photo session with us you confirm that you have considered the supplier’s photographic style and wish to proceed on that basis.  

 c. The customer will receive goods and services as set out in the packages described on our website pricelist.

 d. No refund, re-edits of files or re-prints of product will be given due to change of mind or regret

 e. All elements within a photo are designed by us at the time of photographing. Any elements introduced by you, the customer, will not be removed in post-production due to change of mind or regret.

 f. We reserve the right to delete any photographs we consider to be unnecessary or of poor quality and to refuse to take any photographs which are deemed inappropriate.  

 g. During a photo session you agree that we will take a variety of indoor and outdoor photos of your family to provide variety for the package purchased. 

 h. The supplier is not responsible for the weather during the scheduled lifestyle session. If inclement weather restricts the use of outdoor spaces, or you the customer, chooses not to pose outdoors, more indoor photos will be taken to ensure the required quota of images as agreed in the package you have purchased. 

 i. The mood of children is not the responsibility of the photographer.

 j. The supplier is an independent professional and will perform the services to a high standard without direction (but we will of course consider any requests for specific types of photograph which are made during a session).

 k. The supplier may bring an assistant to any photo session. 

Booking

A booking is made once the deposit is paid and the booking form (together with these terms and conditions) is signed by the customer and returned to us 

Image Correction, Adjustments, Errors & Omissions

 a.The customer acknowledges that the supplier will be free to edit and enhance the photographs as we see fit to achieve a high quality output and in accordance with the style depicted in our portfolio.

 b. The supplier agrees not to edit or modify any photograph in a derogatory or offensive manner.

 c. The customer acknowledges that the supplier may delete any Images we feel are poor quality or composition and the customer is not entitled to receive a copy of all photographs which are taken.

 d. Re-shoots are at the sole discretion of the supplier and will not be performed due to a customer’s regretful personal choices (e.g. hair and clothing choices)

 e. The customer upon signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the photo session in this manner. 

 

Invoicing & Payment

 a. The prices for the supplier’s services are set out on our website and are subject to change. 

 b. All bookings are payable by three (3) equal instalments as follows:

  • The first instalment is payable upon booking (the deposit)

  • The second instalment is payable within two business days prior to the photo session

  • The third and final instalment is payable within 5 business days of the supplier notifying the customer the goods are ready for delivery.

.c. All instalments must be paid as and when due. If your instalment is due but unpaid, we may withhold the provision of any further goods and/or services until overdue amounts are paid in full. We have absolute discretion to apply any payment received from you to any amount owing by you.

 d. Payments accepted by EFT, credit card or Paypal through our website. 

 

Late Payments

Accounts more than one month overdue will be handed on to our debt collection agency. All expenses, costs or disbursements incurred by us in the recovery of monies outstanding shall be paid by you. 

Cancellation

 a. If you cancel a booking in writing (including by email) and you have given us at least one calendar month’s notice of cancellation then you may receive a refund of the deposit in full.

 b. If you cancel your booking within less than 24 hours notice (whether in writing or verbally) then the first and second instalment fees are non-refundable.  

 c. If we cancel a reserved booking due to circumstances beyond our control (such as severe weather, sickness, temporary personal injury) then we will seek to rearrange the booking with you or provide a refund if you so choose.

Property

We will take all reasonable precautions to safeguard the property (e.g. products) you entrust to us. However, in the absence of negligence on our part, we are, to the fullest extent of the law, not responsible for loss, destruction or damage of such property.

Delivery

All goods will be delivered to the customer within four (4) weeks of the date of the photo session.

Once the goods are delivered, the customer will not be entitled to a refund of any print products or files due to the nature of the product.

 We will not deliver any goods or further services to the customer until all instalments have been paid in full.

Copyright & Ownership

The following definitions apply:

“Client Control” means all materials, information, photography, text and other creative content provided by you to us for use in the preparation of and/or incorporation into the final goods and deliverables.

“Final Goods” means the images taken during your photo session and delivered to you.

Final Goods

Delivery of the Final Goods may include the published form of the images. Subject to payment of all fees and expenses in full, you are granted an exclusive, perpetual, assignable, irrevocable and unrestricted license to use and publish the Final Goods in accordance with the terms outlined in Permitted Use.

Ownership of Intellectual Property Rights

Unless otherwise provided, all intellectual property rights in the Final Goods are our sole and exclusive property as and when they are created. Your rights in relation to the Final Goods are set out in the Permitted Use section below.

Permitted Use

Subject to payment of all fees and expenses, you are granted an exclusive, perpetual, assignable, irrevocable unrestricted license to use and publish the Final Goods. Under this license, we agree to license you to use the Final Goods on the following terms and conditions:

i)unless specifically agreed, the license does not confer any intellectual property rights to you, except as a licensee;

ii) the license will begin operating from the date of payment of our fees in full;

iii) you indemnify us, and will keep us indemnified, against any loss, damage or claim arising in any way, whether directly or indirectly, from any breach of this license, or any claim by any third party in relation to your use of the Final Goods;

iv) you must not use the Final Goods so as to derogate or harm or adversely reflect on our reputation; and

v) you must not represent that we have approved or endorsed you, your products or services in connection with the Final Goods without our consent. 

Use of the Final Goods

Notwithstanding anything above, we shall retain the right to use the Final Goods in our promotional and marketing activities, including but not limited to inclusion on our website’s gallery, Facebook, Instagram, any blogs, participation in photographic competitions, use in photographic publications and electronic, printed or other portfolio use.

Indemnity

a. In the unlikely event the supplier cannot perform this contract due to fire, casualty, strike, act of God or emergency, the session fee will be refunded to the client.

i) the supplier shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the fault on the part of the photographer. 

ii) In the unlikely event of photographic failure or we fail to perform for any other reason, the supplier shall not be liable for any amount in excess of any monies paid by the customer.

iii) In the unlikely event of cancellation of this contract by either party, neither party shall be liable for indirect or consequential loss.

 

Confidentiality

The supplier will keep confidential and will not disclose to any third parties or make use of information communicated to us in confidence for the purposes of the photography save as may be reasonably necessary to enable us to carry out the work.