Terms & Conditions - Families By Chloe

TERMS, CONDITIONS & PRIVACY POLICY

Families by Chloe provides professional photography services specialising in but not limited to Kindergarten/ Pre School / Child Care Photography and Newborn, Family & Maternity Photography. By engaging our services or submitting a registration form, you (“you”, “your”, “client”, “parent/guardian”) agree to the following Terms and Conditions.

1. General Terms

1.1 Definitions

· Session – A photography appointment or event (e.g. kindergarten photo day, newborn session).

· Images – All photographic works, including digital files, prints, or edited versions.

· Client – The parent, guardian, or individual engaging our services.

· Photographer – Families by Chloe (Chloe Smith) or authorised staff and contractors.

1.2 Governing Law

These terms are governed by the laws of Victoria, Australia.

Any disputes will be resolved through informal discussion, mediation, or as a last resort, by courts in Victoria.

2. Kinder Photography – Terms, Conditions & Privacy

2.1 Commitment to Child Safety

Families by Chloe is fully committed to providing a child-safe environment.

All photography is conducted in accordance with the Child Safe Standards and our internal Child Safety Policy. Children are treated with respect and care at all times, and photographs are taken only under appropriate supervision.

2.2 Registration & Permission

· Only children who are formally registered through our online registration system and for whom a parent or guardian has submitted a completed permission form will be photographed.

· No child will be photographed without this prior consent.

· It is the responsibility of parents/guardians to ensure registration details are correct and submitted before photo day.

2.3 Image Usage & Consent

· Images captured during kindergarten sessions are intended solely for private family use and for access via secure online galleries.

· Images will not be displayed publicly including on the Families by Chloe website, Instagram, Facebook, or in printed marketing materials unless explicit permission has been granted by a parent or guardian through the registration form. Permission can be withdrawn at any time by emailing chloe@familiesbychloe.com.au

Upon withdrawal, no new images of your child will be used for promotional purposes from that date onward.

· No child’s name will ever appear alongside images used publicly

2.4 Image Handling, Storage & Security

· All photographs are taken using company-owned cameras, lenses, and memory cards.

· Files are transferred directly to secure, password-protected systems and backed up on encrypted external hard drives owned by Families by Chloe.

· No images are stored on personal devices or shared through unsecured channels.

· All prints are produced through RGB Digital, a trusted professional photo lab that provides a secure and private service for client work.

· Images and client data are retained only as long as necessary for business, legal, and archival purposes, after which they may be securely deleted or archived offline.

2.5 Privacy & Data Protection

· Families by Chloe complies with the Australian Privacy Act 1988 (Cth) and all relevant child-safety regulations.

· Personal information (child and parent names, contact details, room/group details, consent selections) is used solely to:

o Schedule and conduct photography sessions

o Deliver image galleries and manage orders

o Maintain accurate consent and safety records

· Information is never shared with unauthorised third parties or used for unrelated marketing.

2.6 Conduct & Professional Standards

· All photographers hold valid Working With Children Checks.

· Sessions are conducted respectfully, with care for each child’s comfort and consent.

· If a child is distressed or unwilling, photography will be paused or omitted at the discretion of the photographer and supervising staff.

· If your child is absent. A catch-up day for absentees will be attempted to be organised but cannot be guaranteed. You will be entitled to a full refund of your registration fee if a catch-up day cannot be organised

2.7 Reshoots & Refunds

• If your child is absent: A catch-up day for absentees will be attempted to be organised but cannot be guaranteed. You will be entitled to a full refund of your registration fee if a catch-up day cannot be organised.

3. Newborn, Family & Maternity Photography – Terms & Privacy

3.1 Booking & Payment

· A non-refundable deposit is required to confirm your session date.

· Remaining balances must be paid prior to or on the day of your session.

· If you cancel or reschedule more than 7 days before your session, your deposit may be transferred to a new date (subject to availability).

· If cancellation occurs within 7 days, your deposit may be forfeited.

· In the unlikely event that Families by Chloe must cancel, you will be offered a full refund or rescheduled session.

3.2 Safety & Session Environment

· Safety is paramount, particularly in newborn and maternity sessions.

· Parents/guardians must remain present during all newborn sessions.

· The photographer will never force a pose or position that appears unsafe or uncomfortable for the child or parent.

· Sessions may be paused or stopped if conditions become unsafe or the child is unsettled.

· All props and equipment are cleaned and sanitised between sessions.

3.3 Image Delivery & Copyright

· Edited digital images are typically delivered within 2-4 weeks via an online gallery.

· Images are licensed for personal use only - you may print, share with family, or post online for non-commercial purposes.

· Families by Chloe retains copyright and ownership of all images.

· You may not alter, sell, or commercially distribute images without written permission.

3.4 Promotional Use & Model Release

· With your consent, Families by Chloe may use select images for portfolio, website, social media, or printed promotional purposes.

· If you prefer full privacy, you can decline this consent at booking.

· You may withdraw promotional consent at any time by emailing chloe@familiesbychloe.com.au, and your images will no longer be used in new marketing from that date forward.

· Previously printed or published materials cannot be recalled but will not be reused.

3.5 Privacy, Security & File Storage

· Images are captured and stored securely using company-owned equipment.

· Files are backed up on encrypted drives and protected from unauthorised access.

· Client information is used only to manage bookings, orders, and communication.

· No RAW (unedited) files are released unless otherwise agreed.

· Files are retained for a minimum of 2 years and may be archived thereafter.

3.6 Reshoots & Refunds

· Minor adjustments (colour, exposure, retouching) are included in all packages.

· Major edits or creative alterations may incur an additional charge.

· Refunds are not offered once edited images have been delivered, except as required by Australian Consumer Law.

3.7 Photographic Style

· Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view.

4. General Policies (Applicable to All Services)

4.1 Privacy Compliance

Families by Chloe complies with the Australian Privacy Principles (APPs). You have the right to access, update, or request deletion of your personal data by contacting us at chloe@familiesbychloe.com.au. While I take reasonable steps to protect the security of your personal information, data protection and security measures can never be 100% guaranteed. Your information is stored securely and only used for legitimate operational purposes directly related to your photography booking or gallery access.

4.2 Limitation of Liability

While every care is taken during sessions, Families by Chloe is not liable for loss, injury, or damage arising from circumstances beyond our control.

4.3 Intellectual Property

All images and materials remain the intellectual property of Families by Chloe.

You receive a personal licence to use your images for private, non-commercial purposes only.

4.4 Force Majeure

We are not responsible for delays or cancellations caused by events beyond our control (e.g. illness, equipment failure, extreme weather, or emergencies). We will endeavour to reschedule sessions wherever possible.