Jaylin Bauer Photography Services Terms and Conditions
Effective Date: 23rd of November 2023
1. Acceptance of Terms & Conditions
Welcome to Jaylin Bauer Photography online platform for photography services. By accessing or using our services, you agree to be bound by the following terms and conditions. If you do not agree to all the terms and conditions, please refrain from using our services.
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1.1,This document comprises an agreement between the client and Jaylin Bauer Photography (ABN 19 770 894 298)
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1.2. These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at: www.jaylinbauer.com on the bottom of the website.
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1.3. Package & Product Prices outlined now and here within are subject to change. All prices include GST.
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1.4. We will not be responsible for any failure or delay in providing services to clients due to any events beyond our reasonable control including but not limited to acts of god or elements of nature (including fire, flood, earthquake, storm, hurricane or other casualty), war, civil commotion, labour disputes, strikes, pandemics, government regulation or restriction.
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1.5 All care and diligence will be exercised in the performance of the assignment/s and that liability is limited to monies paid only should mechanical failure, theft, accident, or any other mishap occur which prevents the fulfillment of this agreement.
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1.6. It is the clients responsibility to arrange bookings and payments and takes full ownership of such.
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1.7. Your order of any package of photography services here-under includes the purchase of the final edited photographic images in connection with the photography services provided to you from Jaylin Bauer Photography in the form of JPEG files in up to a 2 month period. RAW/DNG files are never released unless a mutual agreement in writing is made between client and photographer.
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1.8. You will receive the minimum number of images based on your package. This selection will reflect the best of artistic and technical merit. An additional fee of $20 per image will be incurred to change or alter an image after final images are released. Products included with your package will be ordered once your final images are released to you and you return your order form and pay any relevant invoice.
1.9. Once all appropriate contracts and forms have been sent through to acquire your date of session, your chosen imagery and style, collection cannot be altered to a lesser value, only a greater value.
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1.10. Jaylin Bauer Photography owns and retains full Copyright of any and all images taken. Permission is granted by you to use the images as we see fit for all Media, Marketing and Promotion. Including but not limited to Film, Television, Online and Print.
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2. Information Collection
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2.1. Types of Information: We may collect various types of personal information, including but not limited to names, contact details, and payment information.
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2.2. Legal Basis: The collection of this information is based on the necessity for the performance of a contract and compliance with Australian data protection laws.
2.3. Purpose of Collection: The information collected is solely for the purpose of providing professional photography services to our clients.
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2.4. Minimum Age Requirement: Users must be 18 years or older to access and use our services.
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2.5. User Agreement: By purchasing our services, the client acknowledges, commits and agrees to all terms and conditions, understanding that these are legally binding upon payment processing.
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2.6. Non-Refundable Deposit: A non-refundable deposit is required for all services, securing the clients booking.
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2.7. Return or Refund: Returns or refunds of services and goods may occur under the discretion of the photographer and client, with mutual agreement.
3. Use of Information
3.1. Service Provision: Your personal information will be used for the provision and maintenance of our photography services.
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3.2. Payment Processing: Information may be processed to facilitate payment transactions and issue invoices.
3.3. Communication: We may use your contact details to communicate with you regarding your photography requirements and to provide updates on our services.
3.4. Service Improvement: Data may be analyzed to improve the quality and efficiency of our photography services.
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4. Data Security
4.1. Security Measures: We implement industry-standard measures to secure your information from unauthorized access, disclosure, or alteration.
4.2. Data Access: Access to your personal information is restricted to authorized personnel only.
5. Third-Party Services
5.1. Service Providers: We may engage third-party services for website functionality and payment processing.
5.2. Data Handling: These service providers adhere to data protection laws and handle your information in compliance with relevant regulations.
6. Confidentiality
6.1. Image Usage: Unless explicitly agreed upon, we will not use your images for promotional purposes, respecting the confidentiality and creative ownership of your photography sessions.
7. Cookies
7.1. Cookie Usage: Our website may use cookies to enhance your user experience.
7.2. Cookie Control: Users can manage cookie preferences through their browser settings.
8. Changes to Terms
8.1. Modification: We reserve the right to update or modify these terms and conditions at any time.
8.2. User Responsibility: It is your responsibility to review these terms periodically for any changes.
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9. Ownership and Intellectual Property
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9.1. Exclusive Property: Ownership, copyright, logos, and intellectual property, including photographs, videos, audio, logos, music, patents, and trademarks, are the exclusive property of Jaylin Bauer.
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9.2 Prohibited Redistribution: Redistribution of such property is strictly prohibited without the explicit written consent of Jaylin Bauer.
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10. User Suspension and Cancellation
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10.1. Misuse or Misconduct: Jaylin Bauer Photography reserves the right to suspend or cancel services for misuse, misconduct, illegal, or criminal activity at anytime with no notice or reason provided.
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11. Indemnification
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11.1. Loss or Harm: The client agrees that any loss, harm, injury, liability, demands, claims or expenses may not be held against Jaylin Bauer by any third party or client. The client takes full ownership and responsibility for such losses, damages or injuries therein.
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12. Limitation of Liability
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12.1. Exclusion of Damages: Jaylin Bauer is not liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses.
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12.2. No Liability for Errors: Jaylin Bauer assumes no liability or responsibility for any errors, mistakes, inaccuracies of content and services, personal injury, property damage, of any nature whatsoever resulting in limited access to the service and any unauthorized access to or use of information or content.
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13. Promotional Messages
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13.1. Promotional Communication: The client agrees and authorises to receive promotional messages and materials from time to time via email, phone, SMS, or any form of information provided by the client.
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14. Governing Law
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14.1. Australian Law: The terms and conditions outlined are held and enforced in Accordance with Australian Law, State of Queensland.
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14.2. Exclusive Jurisdiction: Any Claims or disputes shall be decided exclusively through legal proceedings by a court of law in Queensland.
14.3. Australian Governing Law: These terms are governed by and construed in accordance with the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of the Australian courts.
11. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact us at
jaylinbauerphotography@gmail.com
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Thank you for choosing Jaylin Bauer Photography for your photography services.