DRH studio
Terms & Conditions
Photography Services · New South Wales, Australia
These Terms and Conditions govern all photography and related creative services provided by DRH Studio. By confirming a booking or engaging Daniel Ridgley Hewitt, you acknowledge that you have read, understood, and agreed to these terms in their entirety.
01 DEFINITIONS
In these Terms and Conditions the following definitions apply:
– "Photographer" means Daniel Ridgley Hewitt, operating as DRH Studio (ABN to be inserted), New South Wales, Australia.
– "Client" means the individual, business, or entity that engages DRH Studio for photography services.
– "Agreement" means these Terms and Conditions, together with any written quote, booking confirmation, or scope of work issued by DRH Studio.
– "Session" means the photography or videography shoot(s) described in the booking confirmation.
– "Images" means all photographs, digital files, prints, and derivative works created during the Session.
– "Deliverables" means the final edited Images or other agreed outputs to be provided to the Client.
– "ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
02 BOOKING & DEPOSIT
Securing Your Date
A booking is confirmed only upon receipt of the non-refundable booking deposit and a signed copy of this Agreement (or written acceptance by email). Until both are received, no date is held or reserved.
– The booking deposit is 50% of the quoted total fee, unless otherwise stated in the written quote.
– The deposit is non-refundable and compensates DRH Studio for declining other work for the reserved date.
– The balance of fees is due as set out in clause 3.
Changes to Booking Details
The Client must notify DRH Studio in writing of any changes to session location, timing, or scope as soon as practicable. Changes are subject to availability and may affect fees.
03 FEES & PAYMENT
Fee Structure
All fees are set out in the written quote provided by DRH Studio and are quoted in Australian Dollars (AUD) inclusive of GST where applicable.
Payment Terms
– Deposit: Due at the time of booking confirmation (see clause 2).
– Balance: Due no later than 7 days prior to the Session date, unless otherwise agreed in writing.
– Post-Session invoices (e.g. additional editing, prints): Due within 14 days of invoice date.
Late Payment
Overdue balances accrue interest at a rate of 10% per annum calculated daily. DRH Studio reserves the right to withhold delivery of Deliverables until all outstanding amounts are paid in full.
Accepted Payment Methods
Bank transfer (EFT), credit card (surcharge may apply), or such other method as agreed in writing. Cheques are not accepted.
04 SCOPE OF SERVICES
Description of Services
The services to be provided, including the nature of the Session, number of edited Images, file format, resolution, online gallery access, and delivery timeline, are as set out in the written quote and/or booking confirmation.
Editing & Artistic Style
DRH Studio applies its signature editing style to all Deliverables. The Client acknowledges DRH Studio’s artistic discretion in matters of composition, lighting, colour grading, and post-processing. Requests for a substantially different style should be raised before booking.
– Standard retouching is included as described in the quote. Extensive retouching (e.g. body modification, complex compositing) is quoted separately.
– RAW or unedited files are not provided unless expressly agreed in writing and priced accordingly.
– The number of revision rounds is as specified in the quote. Additional revisions are charged at the Photographer’s standard hourly rate.
Permits & Location Access
The Client is responsible for obtaining all necessary permits, venue permissions, and approvals required for the Session location. DRH Studio is not liable for any inability to shoot at a location due to the Client’s failure to secure appropriate permissions.
Shot Lists
DRH Studio will make every reasonable effort to capture requested shots. However, the Photographer cannot guarantee that every listed shot will be achievable given lighting, timing, or other on-the-day conditions.
05 CANCELLATION & POSTPONEMENT
Cancellation by the Client
The booking deposit is non-refundable in all circumstances. The following additional charges apply based on notice given before the Session date:
More than 30 days’ notice: Deposit only forfeited; no further charge.
8–30 days’ notice: 75% of the total quoted fee is payable.
7 days or less (including no-shows): 100% of the total quoted fee is payable.
Postponement by the Client
One complimentary postponement is permitted if written notice is given at least 14 days before the Session and a new date is agreed within 6 months of the original date, subject to DRH Studio’s availability. Subsequent postponements, or those with less than 14 days’ notice, are treated as a cancellation.
Cancellation by DRH Studio
DRH Studio reserves the right to cancel a booking in exceptional circumstances (e.g. serious illness, family emergency, or events outside reasonable control). In such cases, the Client will receive a full refund of all monies paid, or the option to reschedule. DRH Studio’s liability is limited to the refund of fees paid and does not extend to any consequential loss.
Force Majeure
Neither party is in breach of this Agreement for failure to perform due to events genuinely outside their reasonable control, including but not limited to severe weather, natural disasters, government-imposed restrictions, venue closures, or pandemics. The parties will work in good faith to reschedule to a mutually agreeable date.
06 COPYRIGHT & IMAGE LICENCE
Ownership of Copyright
All Images created by DRH Studio during a Session are protected by copyright under the Copyright Act 1968 (Cth). Copyright vests in and remains with Daniel Ridgley Hewitt (DRH Studio) at all times, unless a written agreement to assign copyright has been signed by the Photographer.
Licence Granted to the Client
Upon receipt of full payment, DRH Studio grants the Client a non-exclusive, non-transferable licence to use the Deliverables for the purpose(s) specified in the booking confirmation. Unless otherwise agreed in writing, the licence is:
– Personal use (e.g. portraits, family, events): unlimited personal, non-commercial use, including sharing on the Client’s personal social media with credit to DRH Studio.
– Commercial use (e.g. brand, editorial, advertising): as specifically defined in the written quote. Any use beyond the agreed scope requires a separate written licence and may attract additional fees.
Restrictions
– The Client must not sell, sub-license, or transfer the Images to any third party without prior written consent from DRH Studio.
– The Client must not alter, crop, filter, or manipulate the Images in a way that misrepresents or damages the Photographer’s reputation or artistic integrity.
– Attribution to DRH Studio / Daniel Ridgley Hewitt is required where Images are shared publicly online.
07 MODEL & PROPERTY RELEASE
Consent to Photograph
By confirming the booking, the Client consents to DRH Studio photographing all individuals who will appear in the Session. Where Images will be used for commercial purposes, a separate Model Release Form must be signed by each identifiable subject prior to the Session.
Minors
Where subjects include persons under the age of 18, a parent or legal guardian must sign a written consent form before the Session commences. The Client is responsible for procuring this consent. DRH Studio reserves the right to decline to proceed if consent forms for minors are not provided.
Property
Where the Session takes place at a privately owned property, the Client warrants that they have obtained any required permission from the property owner for the photography to take place and for the resulting Images to be used as agreed.
08 PORTFOLIO & CREDIT USE
DRH Studio reserves the right to use any Images created during a Session for the purposes of its own portfolio, website, social media, print marketing, competition entries, and editorial submissions, unless the Client has expressly requested confidentiality in writing prior to the Session.
For commercially sensitive, embargoed, or personal projects where the Client does not wish Images to appear publicly, a written confidentiality agreement may be entered into (additional fees may apply).
Where DRH Studio publishes Images publicly, it will use reasonable discretion and handle all images professionally and respectfully.
09 LIABILITY & INDEMNITY
Limitation of Liability
To the maximum extent permitted by the ACL, DRH Studio’s total aggregate liability to the Client for any claims arising out of or in connection with the Agreement is limited to the total fees paid by the Client for the relevant Session.
DRH Studio is not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profit, loss of opportunity, or emotional distress.
Client Responsibility
The Client agrees to indemnify and hold harmless DRH Studio from any claim, loss, or damage arising from:
– The Client’s failure to obtain required permits, consents, or model releases.
– Inaccurate information provided by the Client.
– The Client’s use of Images beyond the agreed licence scope.
– Unsafe conditions at the Session location created by or known to the Client.
Insurance
DRH Studio maintains appropriate professional indemnity and public liability insurance. Confirmation of coverage is available upon written request.
10 EQUIPMENT FAILURE & UNFORESEEN EVENTS
DRH Studio takes every reasonable precaution to ensure equipment is in working order. In the unlikely event of equipment failure, data corruption, accidental file loss, or other technical failure beyond the Photographer’s reasonable control, DRH Studio’s liability is limited to a proportional refund of the fees paid for the affected portion of the Session.
DRH Studio strongly recommends that Clients do not rely solely on DRH Studio’s Images for once-in-a-lifetime events (e.g. weddings) without also arranging a secondary photographer, as an additional safeguard.
11 PRIVACY
DRH Studio collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information collected from Clients (name, contact details, payment information) is used solely for the purpose of providing photography services and administering the booking.
DRH Studio does not sell or disclose personal information to third parties except where required by law or necessary to deliver the agreed services (e.g. online gallery platforms). Clients may request access to or correction of their personal information by contacting DRH Studio in writing.
12 AUSTRALIAN CONSUMER LAW
Nothing in these Terms and Conditions excludes, restricts, or modifies any right or remedy the Client may have under the ACL that cannot lawfully be excluded or limited, including consumer guarantees that services will be provided with due care and skill and within a reasonable time.
Where the ACL applies and DRH Studio fails to meet a consumer guarantee, the Client’s remedies are as set out in the ACL. To the extent permitted by law, DRH Studio limits its liability for breach of an implied guarantee to re-supplying the relevant service or paying the cost of having the service re-supplied.
13 DISPUTE RESOLUTION
The parties commit to resolving any dispute arising from this Agreement through the following process before commencing legal proceedings:
– Step 1 — Notice: The party raising the dispute must provide the other party with a written notice describing the dispute in reasonable detail.
– Step 2 — Good faith negotiation: The parties must attempt to resolve the dispute by good faith negotiation within 14 days of the notice.
– Step 3 — Mediation: If unresolved after 14 days, either party may refer the dispute to mediation through the NSW Civil and Administrative Tribunal (NCAT) or a mutually agreed mediator.
This clause does not prevent either party from seeking urgent interlocutory relief from a court where necessary to protect their rights.
14 GENERAL PROVISIONS
Governing Law
This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior discussions, representations, or agreements.
Amendments
DRH Studio may update these Terms and Conditions from time to time. The version in force at the time of the Client’s booking confirmation applies to that booking.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
Waiver
Failure by either party to enforce any provision of this Agreement does not constitute a waiver of that provision or any other right.
Contact
For all enquiries regarding these Terms and Conditions, please contact DRH Studio:
DRH Studio
Photographer: Daniel Ridgley Hewitt
New South Wales, Australia
www.drhstudio.com