Legal
These terms govern all photography services, gallery deliveries, and print store orders provided by Mashford Photography. By making a booking, accepting a quote, or placing a store order you agree to these conditions in full.
01
This Photography Services Agreement (“Agreement”) is entered into between Mashford Photography (“Photographer”) and the Client identified at the time of booking. Together referred to as “the Parties.”
Photographer
Matthew Mashford — Mashford Photography
32 Morven Road, Niagara Park NSW 2250
ABN 79 340 291 828
These terms apply to all shoot types offered by Mashford Photography including real estate photography, corporate and headshot photography, floor plan and 3D render services, wedding photography, and any other services offered or quoted in writing.
02
The Photographer agrees to provide the services confirmed in the booking summary. Specific deliverables, edited image counts, and turnaround times are defined by the selected package. The Photographer will make all reasonable efforts to fulfil the agreed scope on the agreed date.
The Photographer reserves the right to adjust the shoot schedule on the day in response to weather, light conditions, or access constraints, provided the core deliverables are still achieved. If conditions make the shoot impossible, the Photographer will offer a reschedule at no additional cost.
Any additional services, locations, or deliverables requested beyond the booked scope must be agreed in writing before the shoot and may attract additional fees.
03
04
A non-refundable deposit of 30% of the total package price is required to confirm and hold the booking date. No date is guaranteed until the deposit is received.
The remaining balance is due upon delivery of the final edited images. The Photographer reserves the right to withhold delivery of images until the balance is paid in full. For invoiced corporate clients, payment terms are net 14 days from invoice date unless otherwise agreed in writing.
Invoices not paid within 14 days of the due date may incur a late fee of 5% of the total existing balance, per week until settled. The Photographer may also suspend gallery access and withhold further deliverables until the account is cleared. Repeat late payment may result in upfront payment being required for future bookings.
All prices are GST-inclusive (10%). A tax invoice will be provided upon request. GST is calculated as total price divided by eleven and is included, not added on top.
Minor corrections included in revision-round packages must be requested within 7 days of delivery. Extensive re-edits (style changes, object removal, composite work) are charged at $75 per hour, quoted and agreed prior to commencement.
05
The Photographer retains full copyright ownership of all images created under this Agreement, in perpetuity and worldwide. Nothing in this Agreement transfers copyright to the Client.
Upon receipt of final payment, the Client is granted a non-exclusive, non-transferable licence to use the delivered images for:
The Client may not sublicense, resell, or transfer the images to third parties for independent commercial use. Reuse for a separate, unrelated project requires a new agreement or written licence extension.
The Photographer may use any images produced under this Agreement in their portfolio, website, social media, and other marketing materials, unless the Client requests confidentiality in writing prior to the shoot. Confidentiality requests are accommodated at the Photographer’s discretion.
Where practicable, the Client should credit Mashford Photography when publishing images on social media or editorial platforms. Credit is appreciated but not contractually required for standard commercial use.
06
All images are edited in the Photographer’s professional style at their artistic discretion. This includes colour grading, exposure correction, and enhancements specific to the chosen package. The Client acknowledges and accepts this editing style when making a booking.
The Photographer will not heavily retouch, digitally alter, or composite images in ways that misrepresent the property or subjects unless specifically requested and quoted as an additional service.
The Client may not apply further edits, filters, crops, or alterations to the delivered images in a way that misrepresents the property or subjects, or that attributes work to a different photographer, without the Photographer’s written consent. Personal use filters and minor crops for social media are permitted.
07
| Notice given | Outcome |
|---|---|
| More than 7 days before shoot | Deposit forfeited. No further fees. |
| Within 7 days of shoot | Deposit forfeited + 50% of outstanding balance payable. |
| Day of shoot or no notice | Full package fee payable. |
The Client may reschedule once at no additional charge, provided at least 48 hours notice is given and the new date is available in the Photographer’s calendar. A second rescheduling request within the same booking will incur a $75 administration fee. The deposit transfers to the new date.
If the Photographer must cancel due to circumstances within their control, the Client will be offered a full reschedule at priority booking or, if no suitable date can be found within 60 days, a full refund of all payments made.
For outdoor or weather-dependent shoots, the Photographer and Client will assess conditions together on the morning of the shoot. If conditions are unsuitable, the shoot is rescheduled at no cost. What constitutes unsuitable conditions is at the Photographer’s professional discretion.
08
The Photographer’s total liability under this Agreement is limited to the total amount paid by the Client for the relevant booking. The Photographer is not liable for any indirect, consequential, or special damages including missed commercial deadlines, third-party listing fees, or losses arising from delayed delivery.
The Photographer holds professional indemnity and public liability insurance. Details are available on request.
If the Photographer is unable to perform due to circumstances beyond their reasonable control — including but not limited to illness, injury, extreme weather, natural disaster, government restriction, family emergency, or critical equipment failure — the following applies:
The Photographer cannot be held responsible for limitations imposed by restricted access, unexpected obstruction, poor weather, third-party interference, or other conditions at the shoot location that could not reasonably have been anticipated.
09
By entering into this Agreement, the Client warrants that they have the authority to grant permission for the property to be photographed and grants the Photographer permission to do so, including use of those images in accordance with the Photographer Portfolio Rights clause above.
If persons appear in images produced under this Agreement, the Client is responsible for obtaining any required model releases from those individuals prior to the shoot. The Photographer is not liable for claims arising from images featuring third parties whose release was not obtained by the Client.
For corporate headshot sessions, the Client confirms that all subjects have consented to being photographed and to the intended use of their images.
10
Mashford Photography is engaged as the exclusive photographer for the project or listing. The Client agrees not to engage any other photographer to produce images of the same subject matter for the same campaign or listing without prior written consent.
The Client agrees to inform guests, contractors, and other attendees that professional photography is taking place and to take reasonable steps to minimise interference with the Photographer during the shoot. This includes ensuring that other persons do not obstruct sight lines, direct subjects, or capture competing content with phone or personal cameras during key moments.
11
Edited images are delivered via a private, password-protected online gallery hosted at gallery.mashfordphotography.com. Gallery access is provided once the account balance is paid in full.
Gallery links remain active for the period specified at delivery. After expiry, images may be removed from the hosting server. The Client is responsible for downloading and backing up all delivered images within the access period. The Photographer is not liable for images lost due to failure to download within the access period.
Download permissions are set by the Photographer at delivery and vary by package. Full-resolution downloads are included in most packages. Watermarked previews may be made available prior to final payment. Downloading watermarked previews for commercial use is not permitted.
Where sneak peek images are made available prior to full gallery delivery, these are a courtesy and do not constitute delivery of the final edited images. Turnaround commitments apply to the full gallery only.
Where a photo selection feature is enabled, the Client may mark favourite images for a selection request. Selections are a preference guide only. The final edited set is determined by the Photographer based on technical quality, composition, and the scope of the booked package.
The Photographer retains source files and edited images for a minimum of 30 days after gallery delivery. After this period, files may be archived or deleted. Additional copies or re-delivery after this period may be available on request and may incur an archival retrieval fee.
12
Products ordered through the gallery print store are produced by a professional third-party print lab and fulfilled to the delivery address provided at checkout.
Orders are confirmed upon receipt of full payment via the gallery checkout. Prices shown in the store include GST. Print products are priced and billed separately to photography session fees.
Production begins once an order is confirmed. Estimated production times are shown at checkout and vary by product type. Delivery is via standard Australia Post or courier. Mashford Photography is not liable for delays caused by the print lab or delivery carrier.
Print colours may vary from on-screen previews due to differences between screen and print colour profiles. The Photographer’s images are colour-managed for print; however, exact colour matching cannot be guaranteed across different paper stocks and substrates.
If a product arrives damaged or with a manufacturing defect, contact the Photographer within 7 days of receipt with photographic evidence. Damaged or defective items will be reprinted and redelivered at no charge. Reprints are not available for change-of-mind, colour variation within normal tolerance, or incorrect delivery addresses provided by the Client.
Digital file purchases from the store are delivered immediately after payment. All sales of digital files are final. Files are licensed for personal and commercial use as described in the Usage Rights section above.
Promotional discounts applied at checkout (including early-bird and gallery expiration offers) are valid only within the stated discount window. Discounts cannot be applied retroactively to completed orders.
13
This Agreement is governed by the laws of New South Wales, Australia. Any disputes arising will be resolved first through good-faith negotiation between the Parties, then mediation if required, before commencing any legal proceedings.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior discussions or arrangements. Any modifications must be agreed in writing. Acceptance is confirmed by payment of the deposit or electronic acceptance at the time of booking.
Nothing in this Agreement limits any rights the Client may have under the Australian Consumer Law or other applicable legislation that cannot be excluded by contract.
These terms were prepared for Mashford Photography. They do not constitute legal advice. Mashford Photography recommends that both Parties seek independent legal advice if required before entering into any agreement.