These Booking Terms and Conditions apply to bookings made with Dashco Enterprises Pty Ltd t/as The Santa Studio [ABN 99643091605] ("The Santa Studio” “us”/ “we”) for any single session or double session Santa photoshoot (“Photoshoot"). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours.

1. Why do we have this Agreement? 

We have this Agreement to formalise the Photoshoot we will be providing and the terms and conditions upon which we will be providing those photography services. If you do not agree, you cannot make a booking.

2. The Photography Services we will provide

We will perform the Photoshoot with due care, skill, and diligence; and in accordance with all relevant legislation, regulations, and requirements of authorities at the time. The Photoshoot will be performed personally by the Photographer.   

We guarantee that all images will be professionally edited to enhance lighting and tone. While we make every effort to capture everyone smiling with their eyes open, it remains the responsibility of each individual to present themselves in the best possible manner.

You will be provided with a link to a private online gallery containing high-resolution images for download. Please note that prints are not included in the Fee, however, they can be ordered directly from your online gallery. For a single session, you will receive a minimum of 5 JPEG images, and for a double session, at least 10 JPEG images. We aim to exceed the promised number of images in your private gallery whenever possible. RAW images will not be provided.

The link to your private online gallery will be emailed to you within 3 business days following your shoot. Your photos will be available for 3 months from the date they are emailed to you. We recommend downloading them promptly upon receiving the link. 

3. Things you must do and know now

You must pay the full Fee upfront and agree to this Agreement to secure the Date of the Photoshoot. You authorise us to charge your credit card for the Fees and any other amounts owing under this Agreement. 

A Single Session is for 5 minutes, with 2-3 minutes shooting time, and a Double Session is for 10 minutes with 4-6 minutes shooting time. 

Please be aware that the actual shoot time is shorter than the session duration. Arriving late may reduce your shooting time, as all sessions will conclude at the scheduled time out of consideration for the next booking. If you miss your session, a new booking and payment will be required.

If your needs fall outside of these guidelines, please contact us by phone or email for assistance.

4. Things you acknowledge and agree to

You agree to provide us with various information for your Photoshoot (“Information”). You represent and warrant that:

• all Information you provide is current and correct (you must promptly inform us of any updates to the information, including any timing changes);

• you will respond promptly to any of our requests for further information*.

Any personal information you provide for your Booking is used subject to our Privacy Policy which you can read here. You acknowledge and agree that we rely on the Information you provide. 

5. On the day of the Photoshoot

You agree:

• to be punctual in attending the Location at the agreed Time, and not delay the Photographer in any way;

• to cooperate with the Photographer to assist in achieving the best possible photographic results;

• not to photograph us without consent;

• to inform the Photographer immediately if you have any concerns about the Photoshoot. 

You acknowledge that the Photographer is limited by rules imposed by Venues and public spaces as to what can and cannot be done. In these circumstances, you agree to accept the Venue's rules and any technical and location limitations that may be imposed.

We will use our reasonable endeavours to adhere to all time requirements, however, we require your cooperation to advise us as soon as possible of any delays or timing issues. 

6. If you need to cancel or change the date of the Photoshoot

You acknowledge and agree that the Fee is non-refundable. This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, and all Force Majeure Events. Refunds and reshoots will also not be provided due to dissatisfaction with a group member's appearance in the photos. If you fail to attend your session, a new booking and payment will be required. To the extent permitted by law, any refunds for any cancellations of the Photoshoot are at our absolute discretion.  You may reschedule at no additional cost if requested at least 24 hours in advance and subject to availability. Please note that any difference in the session fee may apply if there has been a price increase since the original booking.

You may also transfer your booking to another person at no additional cost. Please notify us via email so we can update the booking information and provide the new participant with access to the private gallery after the shoot.

7. If we need to cancel, we will provide you with other options or a refund. 

On the odd occasion, if the Photographer or Santa is too ill or becomes injured and cannot attend the Photoshoot, management will attempt to book a replacement photographer or Santa. Alternatively, if you and management agree, the Photoshoot Date can be amended to a new date. If we cannot use a replacement photographer or Santa and/or cannot find a suitable date, we may need to cancel the Photoshoot.  In these or similar circumstances where we have to cancel a Photoshoot, we will provide you with a full refund.

8. We comply with the law in relation to refunds.

Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this agreement with us and a refund for the unused portion or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with Products. If a failure with the Products or Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time If this is not done, you are entitled to a refund for the Products and to cancel this Agreement for the Services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products or Services.

You acknowledge and agree to immediately notify us where you are at all dissatisfied with the Photography Services, and within 24 hours of the online gallery being sent. 

9. After the Photoshoot

You acknowledge and agree:

• that the Photographs are for personal use only and must not be otherwise used without our prior written consent;

• that there are inherent risks associated with downloading digital products like digital Photographs; 

• to contact us if you have any issues with the Photographs or have any difficulty downloading the Photographs; 

• to maintain the confidentiality of any login and password we give you for access to the Photographs;

• not allow other people to use your login to access the Photographs; 

• seek our prior written consent before any publication of information about us; 

• in the case of a dispute keep all communications confidential;

• to permit us to use the Photographs and any video for marketing and information purposes, or publications, exhibitions, and professional awards, including across all social media channels.

Subject to this permission, all copyright (pursuant to the Copyright Act 1968) in the photographs that are provided to you, as a result of the Photoshoot will be assigned to you, for your personal use, upon receipt of the Fees.

10. Things we’d love you to do

We’d love you to provide us with testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions, and professional awards across all print or digital mediums, including our social media channels. 

However, please note that by providing us with testimonials and/or case studies you assign copyright ownership of the testimonial or case study to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately.

11. Intellectual Property Rights 

We retain the Intellectual Property Rights in the photos, and they must not be sold or used for commercial purposes without our prior written consent. The session fee covers a limited licence for the use of photos for personal purposes only.

12. We can terminate this Agreement with notice or other circumstances.

We may refuse to provide Photography Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately refuse to deliver the services. We can also stop offering our Photography Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Photography Services. We will however, endeavour to notify you if we suspend or stop our Photography Services. 

13. Liability and Indemnity

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from the Photoshoot. This includes, but is not limited to any personal injury, death, loss of profits, revenue, salary, property damage, loss of enjoyment, or reliance on our services, termination of the Photoshoot, or lost stolen or destroyed or damaged Photographs.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

• the supply of equivalent services; or

• the payment of the cost of the services.

In any case, our liability to you will not exceed the amount actually paid by you to us.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including where you provide incorrect information, and any third-party claims.

14. Force Majeure

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event. 

15. If there is a dispute

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

16. Other

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Events and other terms and conditions on our website, these Terms for Events prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS:

Agreement means these terms and conditions, and the Photoshoot Proposal/Intake form.

Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.

Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riot, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures or any other events beyond our control.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

Photoshoot/ Photography Services means the photoshoot on the Date and any associated photography services we agree to provide to you. It includes a "single session", or “double session” and the digital downloads provided. 

We, us, or our means Dashco Enterprises Pty Ltd t/as The Santa Studio [ABN 99643091605] and includes any of our employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.

All other capitalised terms are defined in the Intake Form.