Terms & Conditions

*Hills with Heart Participants.

THE CLIENT

I/we authorise SMP (Sharp Memories Photography) to arrange the photography in accordance with the details overleaf. I/we are satisfied that these details are correct and I/we understand there is a three working day cooling-off period from the date of the signing this contract before the photography is commenced and for any orders placed.

  1. I/we understand that we will select our family portrait and any additional purchases at the time of the ordering appointment. I/we may choose to use the $220 value from our gift portrait towards additional printed products and pay any difference in costs.
  2. I/we understand that the $97 participation fee is non refundable and will be donated by sharp memories photography to my chosen SES or CFA and that no refund will be given if the session is cancelled at my request or if I/we do not present for our appointment. Payment of the deposit/ booking fee will be provided by me at time of booking.
  3. I/we have discussed general pricing with SMP and understand that we may choose to purchase additional art works and will purchase no more that we choose to invest in and that all orders will be placed at the time of the viewing and ordering appointment.
  4. The details and times listed here form part of this agreement and I/we agreed to make every effort to cooperate in order for SMP to fulfil its contracted photographic duty. I/we acknowledge the Studio cannot accept responsibility for the 'extent' of the photographic coverage if these details are incorrect or if I/we chose not to follow the agreed to schedule.
  5. To avoid disruption to the photographic coverage and to allow SMP to fulfil its contracted duty; other photography by family/friends at this time is not permitted.
  6. I/we agree the Studio owns the Copyright in all photographs. I/ we consent and agree that Tracey Sharp and any person employed by Tracey Sharp or Sharp Memories Photography has the right to take and use any photographs of myself, my children, or children I am lawfully the guardian of, and/or my property, and to use these in any and all media worldwide. This includes online, in any form now or hereafter now, and for and purpose whatsoever.
  7. I/we hereby give permission for Sharp Memories Photography to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion, marketing material & industry competition.
  8. I/we hereby release to the photographer all rights to exhibit this work in print and electronic form publicly or privately and to market copies. I waive any rights, claims or interest I may have to control the use of my identity or likeness in the photographs and agree that any uses described herein may be made without compensation or additional consideration of me. 
  9. As the Studio owns the Copyright, I/we agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. I/we will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by the Studio.
  10. The negatives/digital files remain the property of the Studio and will be kept on file a period of two-five years for re-orders. I/we may be able to negotiate with the Studio for release of the negatives/digital files. Regarding re-ordering photographs, I/we also understand:
  11. Orders must be placed on the day of my/our ordering appointment, at Sharp Memories Photography studio during the studios business hours. I/we will pay any additional charges if a second ordering appointments is requested after, and prices current at the time of ordering will apply and I/we will pay all reasonable freight and postage that I/we request
  12. All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with the Studio had been made. Telephone orders require written confirmation with payment before the order can be processed.
  13. All orders shall remain the property of the Studio until full payment has been made. Orders cannot be separated for collection unless paid for in full.
  14. Should I/we fail to pay and collect any order within fourteen (14) days of notification of completion, the order shall be in default and the Studio shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, I/ we acknowledge that no future orders will be processed until the Order is paid in full.
  15. The Studio has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is minimised when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions.


THE STUDIO

  1. Should nominated photographer not be available for any reason, the Studio will notify the Client of the change as soon as it is known and provide another date option to accommodate.
  2. The price quoted will be guaranteed for seven days otherwise the current price will be confirmed when the deposit on the order is paid. Any additional costs will be advised and confirmation required before proceeding.
  3. As the photographs made by the Studio are manufactured with the finest materials currently available, the Studio unconditionally guarantees them. If in your opinion any photograph made by the Studio has lost its original colour, the Studio will replace the photograph for fifty per cent of the current selling price. The original photograph must be returned and the reprinting charge paid in advance. This warranty will be valid for as long as the Studio has its possession the original files in a printable condition.
  4. The negatives/digital files remain the property of the Studio and will be kept on file for a period of up to five years for re ordering purposes.
  5. The Studio shall carry out this assignment with due and professional diligence. Elements beyond the Studio’s control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives/digital files in transit between the Studio and professional laboratories employed by the Studio, loss or damage to film, negatives/digital files and proofs during processing and developing either by the Studio or professional laboratories employed by the Studio, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent the Studio completing in whole or in part this assignment. In this case the Studio shall not be liable for its complete performance of the assignment. It is agreed that the liability of the Studio shall be limited to be a refund of any money paid under this agreement which shall be in full & final satisfaction of any damage or loss suffered.