Terms of Engagement
1. Engagement
An engagement is constituted by the studio's written proposal and the service's or school's written acceptance of it. The proposal specifies the date of attendance, the programme to be provided, the charges applicable to families, and the studio's compliance particulars.
2. Cancellation
Either party may cancel an engagement without charge upon not less than fourteen days' written notice. Within fourteen days the studio will in every case seek to reschedule rather than to charge.
3. Consent
The service or school warrants that it holds a current photography consent record in respect of each enrolled child and shall supply that record to the studio not less than three days before attendance. The record is reconciled against the studio register on the morning of attendance in the presence of the nominated supervisor and signed by both parties. No child whose consent cannot be confirmed shall be photographed.
4. Charges
No charge is made to the service or school. No commission, fundraising share or referral fee is paid by the studio to any service or school. Families are charged a single sum per child which includes every frame taken of that child on the day, supplied as full-resolution files. Printed portraits are separately priced and optional. A family which orders nothing is not charged.
5. Copyright and Licence
Copyright in all photographs subsists in Early Years Portraits. A family which orders is granted a perpetual, worldwide, non-exclusive licence to reproduce, print, publish, transmit and display photographs of their own child for any personal purpose. That licence does not extend to commercial exploitation or resale.
The service or school is granted a perpetual, non-exclusive licence, at no charge, to employ its room or class groups, composites, staff portraits and premises photography in its own website, enrolment material, newsletters and displays.
6. Delivery
Galleries are opened to families within fifteen working days of attendance and remain available for eighteen months. Printed portraits are dispatched within fifteen working days of order. Named composites are delivered to the service or school within twenty working days.
7. Absent Children
The studio shall return to any service or school at which children were absent, ordinarily within six weeks, at no charge and irrespective of the number of children concerned.
8. Defects and Remedies
A printed portrait supplied damaged, defectively made or otherwise than as ordered shall be remade at the studio's cost. A family dissatisfied with the photographs supplied shall, upon written request, be refunded in full.
9. Archive and Deletion
Original photographs are retained indefinitely in the studio archive so that reprints may be supplied in later years. A parent or guardian may at any time require the deletion of photographs of their child, which shall be actioned within one business day and confirmed in writing.
10. Liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law. Subject thereto, the liability of the studio in respect of any engagement is limited to the sums paid to it in connection with that engagement.
11. Governing Law
These terms are governed by the law of New South Wales and the parties submit to the jurisdiction of its courts.
Terms of Engagement, eleventh revision. Issued July 2026. Enquiries concerning these terms to admin@earlyyearsportraits.com.au.