Terms & Conditions - Photography

Last Updated: 14 April 2025

Agreement

Rachel Quagliani - Photography & Design and the Client hereby acknowledge that the following Standard Terms & Conditions are incorporated in & make a part of the Agreement between the parties hereto. These Terms & Conditions may be updated at any time, with or without notice. By continuing to engage Rachel Quagliani – Photography & Design’s services, the Client acknowledges & agrees to the most current version of these Terms & Conditions.

Engagement & Services

The Agreement is between Rachel Quagliani - Photography & Design and the Client. The Client wishes to engage Rachel Quagliani - Photography & Design and Rachel Quagliani - Photography & Design accepts the engagement to hereby: (a) provide the Services to the Client and (b) provide all Printed Products purchased via post; and/or all Digital Images purchased via Online Downloadable Gallery.

Contract & Payment Arrangements

An electronically signed Booking Form and 50% deposit is required to secure your booking. Final payment is required within seven (7) days of your Photoshoot date. The Client agrees to pay the Fee to Rachel Quagliani - Photography & Design. All additional costs such as permits to photograph in national parks or on beaches that require permits, if any, are the responsibility of & must be paid for by the Client. Late payments may incur an additional fee or delay in delivery of final images.

Cancellations

Should a cancellation be made within 30 days of the Photoshoot Date, Rachel Quagliani - Photography & Design will refund any Deposit received in full. Should a cancellation be made within 7 days of the Photoshoot Date, Rachel Quagliani - Photography & Design reserves the right retain any Deposit received.

Schedule (if applicable)

It is the responsibility of the client to inform Rachel Quagliani - Photography & Design of any scheduling requirements, changes or additions by no later than seven (7) days prior to the Photoshoot Date or Event. Rachel Quagliani - Photography & Design is not responsible for any scheduling omissions or mistakes that may result in services & duties being restricted, impaired or prevented from being carried out.

Venue Limitations

Rachel Quagliani - Photography & Design is governed by any Limitations imposed by venues & churches. Such Limitations may include: restricting the movement of photographers; the use of flash; or in extreme cases prevent the taking of photographs at all. It is the responsibility of the Client to inform themselves of these restrictions & inform Rachel Quagliani - Photography & Design prior to the Photoshoot Date. Rachel Quagliani - Photography & Design will not be held responsible for any lack of photographs delivered due to these restrictions.

Copyright

The Client understands & agrees that purchasing images does not constitute a transfer of copyright ownership. Rachel Quagliani – Photography & Design retains full Copyright to all Images & may use the Images for advertising &/or promotional materials, across all forms of media – inclusive of but not limited to Print & Online (website/social media platforms/blogs). Please inform Rachel Quagliani – Photography & Design in writing (hello@rachelquagliani.com) if you do not wish to have your images used in any advertising &/or promotional materials.

Usage Rights - Personal Clients

Purchasing of Print Products & Digital Images includes lifetime Personal, Private & Domestic Usage Rights limited to the Client only. This permits the Client to reproduce Prints for Personal, Private & Domestic Use only & share Digital Images on social media platforms. Rachel Quagliani – Photography & Design asserts all moral rights attached to the Photographs & the Client does not have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of Rachel Quagliani – Photography & Design, except in the case of cropping an image. Any sale or commercial use must have written approval by Rachel Quagliani – Photography & Design.

Usage Rights - Commercial Clients

Pertaining to Commercial Clients (where services are engaged on behalf of a business), the Client is permitted to reproduce Prints for Commercial Use & use Digital Images for standard business-related purposes such as sharing on the company’s website & social media channels. Usage Rights & cost are by negotiation for the use of large scale advertising, for example billboard use or television use. Rachel Quagliani – Photography & Design asserts all moral rights attached to the Photographs & the Client does not have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of Rachel Quagliani – Photography & Design, except in the case of cropping an image. Any sale or commercial use must have written approval by Rachel Quagliani – Photography & Design.

Use of Images with Artificial Intelligence (AI)

The Client agrees not to upload, submit or use any Photographs provided by Rachel Quagliani – Photography & Design in connection with any artificial intelligence (AI) platforms, tools or software, including but not limited to AI image generators, editing tools or training datasets. This includes the use of images for the purposes of manipulation, enhancement or the creation of derivative works using AI technology.

All images are protected by copyright & moral rights & must not be used in any way that may compromise the integrity or originality of the work. Any breach of this clause may result in the immediate termination of usage rights & may be subject to legal action or additional licensing fees.

Image Style & Editing Process

The Client acknowledges that they are familiar with the style of Rachel Quagliani – Photography & Design & that their work is of a unique, artistic & continually-evolving nature. The Client acknowledges that final image selection & editing style is at the sole discretion of Rachel Quagliani – Photography & Design. RAW files are not included or available for review, selection or delivery. Photos taken may be different from those taken previously & Rachel Quagliani – Photography & Design uses their expertise & artistic judgement to produce images consistent with their vision of the Photoshoot, which may differ for each Client. All Images are Fully Retouched & cropped as per your Purchase(s). Full Retouching includes colour & light correction, removal of major blemishes & removal of major distracting elements. Advanced Retouching may be requested - a fee per image will be quoted upon request, which must be accepted prior to commencement of any work.

Image Storage

Rachel Quagliani – Photography & Design will keep copies of both your Fully Retouched JPEG Images for 5 years; & your RAW files for two years (from the Photoshoot Date).

Delivery

All Digital Images purchased are delivered via an Online Downloadable Gallery. Images are High Resolution at 300dpi. RAW files are not delivered. All Print Products purchased are delivered via Post or Courier (depending on the Client’s supplied Shipping Address)

Attendance

In the unlikely event that Rachel Quagliani – Photography & Design is unable to attend due to unforeseen circumstances such as serious illness, injury or death, best efforts will be made to arrange a replacement professional photographer.

Loss or Damage

Rachel Quagliani – Photography & Design shall carry out your Photoshoot & all services involved with due & professional diligence. Elements that are beyond control include interruption of photography service due to guest photographers, faulty material, equipment failure or damage/loss of digital files. In the case of digital file loss, Rachel Quagliani – Photography & Design & the Client agree that the liability of Rachel Quagliani – Photography & Design shall be limited to a full or partial refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered.

Coverage

Every effort will be made to capture as many moments during the Photoshoot as humanly possible. However, it is impossible to capture absolutely everything, particularly during Event Photography. If you have suggestions or requests of moments to be captured (such as set photos of attendees) please notify Rachel Quagliani – Photography & Design & every effort will be made to capture those moments. Rachel Quagliani – Photography & Design is not responsible for any missing attendee(s) during Family Photoshoots or Event Photography.

Guest & Staff Conduct (if applicable)

The Client is responsible for the conduct of any guests or staff attending a Photoshoot or Event. Rachel Quagliani – Photography & Design has a Zero Tolerance Policy on verbally or physically abusive behaviour. In the event of guest misconduct or damage caused by guests to equipment, Rachel Quagliani – Photography & Design reserves the right to end the Photoshoot immediately. The Client understands that no refund will be issued in such cases.

Contact Information

Rachel Quagliani - Photography & Design welcomes your queries & feedback regarding this information. Should you have any queries about the Terms & Conditions or would like further information, please contact us using the details below.

E-mail: hello@rachelquagliani.com | Phone: 0431 217 520