1. Terms and Conditions

1.1 These terms will apply to all services provided by The Onlookers Limited Liability Partnership
as (“our”, us" or "we") to you, the customer, ("you").

1.2 Upon collection of the deposit, you have agreed to these terms in full.

2. The Services

2.1 By booking a photography session with us you confirm that you have considered our photographic style and wish to proceed on that basis. A refund will not be given in an event if you are not satisfied with the style of the photographs. We reserve the right to delete any photographs which we consider to be unnecessary or of poor quality and to refuse to take or store any photographs which are deemed inappropriate.

2.2 If you are late on the scheduled photoshoot time slot, we will be unable to extend your time slot, and shooting time may be affected, resulting in lesser output. This will be done to ensure fairness of time allocation to all other slots booked.

3. Booking and Deposit

3.1 All bookings will only be confirmed when you have successfully made deposit payment and received a confirmation email/text.

3.2 We reserve the right to refuse any booking for any reason.

3.3 A minimum deposit of $250 (non-refundable) will be payable to reserve a booking. The deposit must be received by us in cleared funds at least 3 days prior to the proposed photo session. The balance of our charges must be paid within 7 days upon receiving the final images together with the Invoice.

4. Price and Payment

4.1 Upon collection of deposits, you have agreed to pay our charges at full price unless otherwise agreed upon.

4.2 We will not attend a photo session unless the deposit has been paid and the remainder of our fees must be paid in full (without any deductions) within one week after you have received the final images together with the Invoice.

4.3 All payments must be paid by Bank Transfer or PayNow. Full payment details will be stated in the Invoice.

5. Cancellation & Rescheduling

5.1 Rescheduling of the shoot can be done via the Acuity Scheduling web host. The Client can select “Reschedule Appointment” via the confirmation email sent as soon as he/she has made a booking, 72 hours prior to the photoshoot. Failure to attend the photoshoot will result in a full forfeit on the deposit amount.

5.2 If you cancel a reserved booking or fail to attend an agreed meeting for a photo session then your deposit
will be forfeited and will not be repaid.

5.3 In the event a rescheduling is required within 72 hours prior to the photo shoot, you have to contact us at hello@theonlookers.co with their confirmation email to request for rescheduling. There will be an administration fee of $100 for rescheduling within 72 hours for the missed opportunity on the original intended booking slot.

A balance of $100 deposit will hold till your next slot/booking for the next 6 month, with effect from the original date of shoot.

5.4 If we have agreed a photo session at an outdoor location then we will not refund your deposit in the case of bad weather. A rescheduling will commence and we will find the next available appointment depending on both parties’ availability.

5.5 We reserve the right to terminate a session immediately in the event that you are uncooperative, disruptive or abusive to us or any of our employees or contractors In the event that we terminate the agreement under this clause your deposit will be forfeit.

6. Intellectual Property

6.1 We will retain all intellectual property rights (including copyright) in the photographs and other materials delivered to you. We will be free to edit and enhance the photographs as we see fit (but we agree not to edit or modify any photograph
in a derogatory or offensive manner).

6.2 Images which we feel are of poor quality or composition will be deleted and you will not have a right to receive
all of the photographs which are taken during a photo session.

6.3 Upon payment of our fees in full you will be granted a licence for personal and family use of the photographs. This licence does not include any commercial use of the photographs for which an additional fee will be payable.

6.4 We will be entitled to use the photographs we have taken for you as assets for content production, ie. Gallery section of our website, Spotlight features and our social media platforms. We may also use any photographs in our own marketing or publicity materials. From time to time we may also license photographs for commercial use. In fairness, should you like the images to not be displayed, we will review cases individually and negotiate on a preferential outcome between both parties.

7. Liability

7.1 We will not be liable to you for any property damage or financial loss or for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation, or lost savings whether caused by our negligence,
the negligence of our employees or agents or otherwise.

7.2 Our total liability will be limited to the amount of our charges from time to time. We will not be liable to any party other than the person who has made a booking.

7.3 In the event that all or substantially all of the photographs taken during a photo session are lost or destroyed by us, then a replacement photo session will be arranged at no additional cost to you but you will not have a right to a refund. If photos taken during a photo session are lost or destroyed by you, then you will need to rebook a session and a full fee will be payable
(subject to such discount as may be agreed).

7.4 You will be liable for any loss or damage to our equipment, props, or set design fixtures if such loss or damage arises as a result
of your negligent or deliberate acts or omissions.

7.5 Nothing in these terms will exclude or limit our liability for death or personal injury caused by our negligence.

8. General

8.1 We will not be liable for any delay or failure to perform our duties if such delay or failure is due to any cause whatsoever beyond our reasonable control (including computer or equipment malfunction, travel disruption, strikes, pandemic, or Acts of God).

8.2 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us against any amounts that we may owe to you.

8.3 We shall have discretion as to which of our employees or subcontractors are assigned to perform the services. We may use employees or self employed contractors.

8.4 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.