Kim Howell Photography
Terms and Conditions
Introduction
Welcome to Kim Howell Photography. By booking a session, paying a deposit, or engaging photography services, you agree to the following Terms and Conditions.
These terms are designed to ensure a smooth, professional, and enjoyable experience for both the photographer and the client.
Nothing in these Terms & Conditions excludes, restricts, or modifies any rights or remedies available under Australian Consumer Law.
Photography Services
Kim Howell Photography offers services including, but not limited to:
Family sessions
Newborn sessions
Milestone and sitter sessions
Cake smash sessions
Mini sessions
Event photography (birthdays, weddings, corporate, school, and public events)
Product photography
Branding and commercial content creation
Session requests for specific poses or concepts will be accommodated where possible, provided they are safe and appropriate. Final creative decisions remain at the photographer’s discretion.
Booking & Deposits
Standard Sessions
A non-refundable $100 deposit is required to secure your session date and time. This deposit is applied toward your selected package.
The remaining balance is due 24 hours prior to the scheduled session unless otherwise agreed in writing.
Session dates are not confirmed until the deposit has been received.
Event Bookings
Event bookings require a non-refundable $200 booking deposit to secure the date and agreed coverage timeframe.
The remaining balance is payable one (1) week prior to the event date unless otherwise agreed in writing.
Event bookings are subject to the inclusions, deliverables, and licensing terms outlined in the approved event proposal.
Mini Sessions
Mini Sessions require payment at the time of booking.
Depending on the promotion at the time of release, this may be either:
A non-refundable deposit, or
Full payment of the session fee
Due to limited availability and back-to-back scheduling, all Mini Session payments are non-refundable.
Mini Sessions cannot be cancelled or rescheduled due to change of mind or personal conflicts. Bookings may be transferred to an immediate family member or friend with written notice prior to the session.
Mini Sessions are strictly limited to the allocated time slot. Late arrival will result in a shortened session.
Product Photography Bookings
Product photography bookings require a non-refundable deposit (amount confirmed at booking) to secure studio time and production planning.
The remaining balance is due prior to final image delivery unless otherwise agreed in writing.
For larger commercial projects, staged payment terms may be agreed upon in writing.
Rescheduling & Cancellations (All Sessions)
Deposits are non-refundable.
Clients may reschedule due to sickness or adverse weather conditions without forfeiting their deposit. The new session date must be agreed upon within three (3) months of the original booking date.
Cancellations made less than 24 hours prior to the scheduled session may incur additional fees at the photographer’s discretion.
If Kim Howell Photography cancels due to illness, adverse weather, or unforeseen circumstances, a rescheduled date or credit will be offered. Refunds will only be provided if rescheduling is not possible.
Event Coverage & Consent Responsibility
Event photography includes candid documentation of attendees, atmosphere, and key moments as outlined in the approved proposal.
Due to the dynamic nature of live events, specific individuals, poses, or moments cannot be guaranteed unless formally arranged in advance.
For large-scale public or institutional events, the hiring entity is solely responsible for ensuring appropriate photography and media consent has been obtained.
Kim Howell Photography does not collect individual model releases at large-scale public events and accepts no responsibility for consent compliance in these circumstances.
Product Photography
Product Delivery & Risk
Clients are responsible for arranging delivery and collection of products unless otherwise agreed.
Products must be securely packaged and clearly labelled.
While reasonable care will be taken, Kim Howell Photography is not liable for:
Loss or damage during transit
Minor wear from standard handling
Damage inherent to fragile, delicate, or perishable items
Insurance for high-value items remains the responsibility of the client.
Return shipping costs are the responsibility of the client unless otherwise agreed.
Styling & Creative Direction
Clients may provide brand guidelines, mood boards, or shot lists prior to the shoot.
Final styling, lighting, composition, and creative direction remain at the sole discretion of Kim Howell Photography unless otherwise agreed in writing.
Exact replication of reference images cannot be guaranteed.
Product Editing
Standard commercial editing includes:
Exposure and colour correction
Background refinement
Dust and minor imperfection removal
Basic compositing
Advanced digital manipulation or complex retouching is not included unless quoted separately.
RAW files will not be provided.
Perishable Products
For food, florals, or other perishable items:
Products must arrive fresh and shoot-ready
Replacement items must be supplied if spoilage occurs
Kim Howell Photography is not responsible for deterioration during the session
Confidentiality (Commercial Clients)
Unreleased products or campaigns will be treated as confidential.
Images will not be published prior to official launch without written consent.
Image Delivery & Editing
Delivery
Online galleries are delivered within three (3) weeks unless otherwise stated.
Galleries remain active for fourteen (14) days unless specified otherwise. Clients are responsible for downloading and backing up images during this period.
Kim Howell Photography retains images for one (1) year from the session date. After this time, images may be archived or permanently deleted.
Editing Style
Images are edited in a natural, timeless style consistent with the photographer’s portfolio.
Standard editing includes exposure correction, colour balancing, cropping, and minor blemish removal.
The following are not included:
Body reshaping
Altering physical features
Removal of permanent characteristics
Background replacement
Heavy cosmetic retouching
Glasses glare removal cannot be guaranteed.
Final editing decisions remain at the sole discretion of the photographer.
RAW files are never supplied.
Copyright & Usage
Kim Howell Photography retains full copyright ownership of all images.
Personal Clients
Clients are granted a personal-use licence for printing and sharing purchased images.
Images may be used for portfolio, website, studio display, and marketing purposes unless written notice requesting privacy is provided prior to the session.
Images must not be altered, filtered, or edited when shared publicly.
Commercial Usage Licence (Event & Commercial Clients)
Unless otherwise agreed in writing:
Copyright remains with Kim Howell Photography
Clients are granted a non-exclusive commercial usage licence
Images may be used for website, social media, marketing, advertising, print publications, and internal use
This licence:
Is limited to the hiring business entity
Does not permit resale or sublicensing
Does not permit use by third-party sponsors or distributors without written permission
Extended licensing fees may apply for national campaigns, packaging reproduction, resale usage, or large-scale advertising.
Client Responsibilities
Clients must:
Arrive on time
Supervise children
Ensure participants are prepared
Remain present during newborn sessions
Kim Howell Photography is not responsible for managing behaviour or guaranteeing specific expressions or outcomes.
Clients are responsible for damage caused to equipment or props due to negligence.
Health & Safety
Safety is the highest priority.
Newborn Safety
All newborn sessions are baby-led and guided by the baby’s comfort.
No pose will be forced.
Composite images may be used for safety purposes. At no time will a newborn be placed in an unsupported position.
Parents must remain present and within close proximity at all times.
Sessions may be rescheduled if any immediate family member is unwell.
Liability
Except in cases of proven negligence, Kim Howell Photography shall not be liable for injury sustained during sessions.
Kim Howell Photography is not liable for loss or damage due to circumstances beyond reasonable control, including equipment malfunction or digital corruption.
In the event of total photographic failure, liability (if any) is limited to the total amount paid by the client.
Additional Fees
Travel outside a 30-minute radius of Nuriootpa, South Australia may incur additional fees
Additional people beyond package inclusions: $50 per person (capped at $200)
Additional images may be purchased from your gallery
Extended session time may incur additional charges
All additional fees will be communicated prior to proceeding.
Gift Vouchers
Gift vouchers:
Are valid for 12 months from the month of issue
Are non-refundable and not redeemable for cash
Must be used prior to expiry
Are transferable but may not be resold
Will not be extended unless required by law
Force Majeure
Kim Howell Photography shall not be liable for failure to perform obligations due to events beyond reasonable control, including illness, natural disasters, government restrictions, or other unforeseen circumstances.
Dispute Resolution
Disputes shall first be addressed through good faith negotiation. If unresolved, the matter may proceed to mediation.
Re-Shoot Policy
Re-shoots are at the discretion of Kim Howell Photography and may be offered in cases of technical failure.
Re-shoots will not be granted due to dissatisfaction with clothing, hair, makeup, weather, or personal appearance.
Agreement
By paying a deposit or booking a session, you acknowledge that you have read, understood, and agree to these Terms & Conditions.
Thank you for choosing Kim Howell Photography. We look forward to capturing your special moments.