Terms, without the legal maze.

How the agreement is made

When you tick the required Terms & Conditions box and submit a booking request, you are giving electronic acceptance of the version of these terms shown at the time of submission. Lens & Moments records the acceptance time and related booking information.

A submitted request is not automatically a confirmed booking. The booking becomes confirmed when Lens & Moments accepts it in writing, and when any required deposit or other confirmation requirement stated in the quote or booking message has been satisfied.

If a written quote, proposal, invoice, event agreement or licence contains a specific term that differs from these standard terms, the specific written term applies to that booking to the extent of the difference.

What you are booking

The service, date, approximate coverage time, location, price, deliverables and any extras are the details shown in the accepted booking, package, invoice or written quote. A booking for photography does not automatically include video, prints, raw files, extra photographers, travel, venue costs, permits or commercial usage unless they are stated as included.

Requests made after confirmation — such as extra coverage, another location, extra deliverables, rush delivery or additional crew — may require a revised price and written agreement.

Prices, deposits and payment

Prices are in Australian dollars unless stated otherwise. Any deposit, payment schedule and due date will be shown in the booking, invoice or written quote. A deposit may be required to reserve a date.

Where a payment becomes overdue, Lens & Moments may pause editing, delivery or other unperformed work after reasonable notice. This does not affect any rights or remedies that cannot be excluded by law.

Cancellations, rescheduling and changing plans

Please tell us as early as possible if you need to cancel or move a booking. Any cancellation or rescheduling amount will be assessed under the specific booking terms, the work already performed, costs already reasonably incurred, the notice given, and our ability to rebook the reserved time.

We do not treat every deposit or prepayment as automatically non-refundable. Any fee or retained amount must remain consistent with applicable law, including rules about unfair contract terms and reasonable cancellation costs.

Weather, illness, emergencies, unsafe conditions, venue restrictions, transport disruption or other circumstances outside reasonable control may make rescheduling the fairest option. We will communicate practical alternatives where reasonably possible.

What we need from you

You are responsible for giving accurate booking information and for telling us about important access, timing, cultural, safety or venue requirements before the session. Unless we specifically agree otherwise, you are also responsible for permissions that only you can reasonably obtain — for example venue approval, private-property access or permission from a parent or guardian for a child participating in a private session.

If you book on behalf of another person, family, organisation or event, you confirm that you have authority to arrange the service and to communicate any permissions you purport to give on their behalf.

Photography is precise. Real life is not.

We photograph in the style represented in our current portfolio while responding to the people, light, weather, venue, timing and events actually present on the day. We welcome priority requests, but we cannot promise every requested expression, person, pose, moment or background will be captured.

Final selection and editing involve creative judgement. Delivered files are the selected finished work. RAW/unprocessed files, rejected frames and editing project files are not included unless the written quote expressly says they are.

Editing, delivery and backups

Estimated turnaround and delivery method are shown in the package, quote or booking. If no firm delivery date was agreed, delivery will occur within a reasonable time having regard to the scope of work and circumstances.

Online galleries and download links are delivery tools, not permanent archival storage. After delivery, please download and make your own backups. We may retain working files or delivered photographs for operational, legal, accounting, backup or portfolio purposes, but we do not guarantee indefinite storage unless a written archival service says otherwise.

Copyright and your right to use the photographs

Australian copyright ownership can depend on the type of commission. In particular, the Copyright Act contains special default rules for some photographs commissioned for private or domestic purposes, and those default ownership rules can be modified by agreement.

For bookings accepted under these terms, you and Lens & Moments agree that Lens & Moments owns copyright in the photographs and other original creative material it creates for the booking, except where a separate written agreement expressly says otherwise.

For personal/family bookings, once amounts due for the delivered work are paid, you receive a perpetual, worldwide, non-exclusive licence to download, print, copy and share the delivered photographs for your own private, family and personal social-media use. You may crop or resize them for ordinary personal use.

Commercial, advertising, editorial, resale, sublicensing, brand campaign, product packaging or third-party business use requires the commercial rights stated in your quote/licence or a separate written licence. Copyright ownership and usage rights for business, event, property and commissioned commercial work may be tailored in the written quote.

Moral rights and any other rights that cannot lawfully be assigned or excluded remain governed by applicable law.

Portfolio & social media: you choose

Your booking form asks a separate question: whether Lens & Moments may use a reasonable selection of finished photographs from your booking in our own portfolio and marketing. This is separate from email/SMS marketing consent.

If you choose “Yes”

You give Lens & Moments a non-exclusive permission to use selected finished images from the booking on our website, portfolio, organic social-media accounts, studio/sample material, printed promotional material, photography awards or editorial features about our work. Because websites and social platforms are global, those approved publications may be viewed worldwide.

This permission does not authorise us to sell your identity or likeness to another business as an endorsement, or to license your portrait for an unrelated third-party advertising campaign, unless separately agreed.

Your choice applies to you and to people for whom you are legally able to give that permission. It does not automatically make you the authorised decision-maker for every identifiable guest or participant. Where another person’s permission is reasonably required for a proposed promotional use, we may seek it separately or rely on the applicable event/organiser arrangement.

If you choose “No”

We will treat the private booking as not approved for Lens & Moments portfolio/social-media marketing unless you later give separate written permission. Choosing No does not change the booking price or the photography service you receive.

Children, sensitive settings and changing your mind

Where a parent/guardian is required, the person giving permission must have authority to do so. We may ask for additional permission for particularly sensitive uses or contexts even where general portfolio permission exists.

You can later ask us to stop future promotional use. We will stop new uses and, where reasonably within our control, remove the image from our active online marketing. Withdrawal cannot reliably recall copies already printed, lawfully published, cached, reshared by other people or distributed beyond our control.

Public festivals, performances, corporate events and commissioned organisational coverage may operate under a separate organiser/event agreement, participant notice or commercial licence. Where one applies, that written arrangement governs that coverage.

Public events, guests and permission to publish

Being present at a festival, community gathering, performance, ceremony or other event does not by itself mean that every identifiable attendee has agreed to appear in Lens & Moments advertising or promotional material. These booking terms bind the client who accepts them; they do not manufacture consent on behalf of unrelated attendees.

Documenting the event

Where photography is permitted by the venue or organiser, Lens & Moments may photograph the atmosphere of an event, including wide scenes, groups, performances and incidental attendees, subject to applicable law and any event-specific restrictions. The fact that photography is permitted at a location is not, by itself, permission to use every identifiable person as a featured promotional subject.

When we ask you directly

If a photographer asks only whether they may take your photograph and you agree, that permission is treated as permission to make the photograph. It is not automatically treated as permission for unrelated advertising or promotional publication.

If we clearly tell you that the photograph may be shared by Lens & Moments on its website, portfolio or social-media channels and you then agree, we may rely on that express permission for the stated use. Permission may be given verbally, electronically or in writing. Where practical, we may keep a note of the event, image, date and consent given so that the scope of permission can be verified later.

Children and sensitive contexts

For deliberately featured photographs of children used in our own marketing, we will normally seek permission from an appropriate parent or guardian unless an organiser has a valid participant/media-consent process that clearly covers the proposed use and we are entitled to rely on it.

We use additional care with photographs that may reveal sensitive circumstances or information, including religious or cultural participation, memorial or death-related events, health or disability information, private family matters, or situations where a person has clearly indicated that they do not want publicity.

Organiser and venue arrangements

An organiser may use signs, ticket terms, registration forms, participant releases or an event contract to explain that photography will occur and how images may be used. Lens & Moments may rely on those arrangements only to the extent that the organiser actually has authority to grant the relevant permission. Venue permission to photograph is separate from an individual's permission where that individual's permission is reasonably required for a featured promotional use.

We will not intentionally present an identifiable attendee in a way that suggests they personally endorse Lens & Moments, another business, product or cause unless that endorsement has been separately agreed.

Safety, conduct and venue rules

We may stop or modify coverage where continuing would create a material safety risk, involve unlawful conduct, breach venue restrictions or expose people/equipment to unreasonable danger. We will try to preserve as much of the agreed service as reasonably possible.

If something genuinely goes wrong

We use reasonable care, professional equipment and practical backup processes, but equipment failure, file corruption, accident, illness and other unexpected events can still occur. If Lens & Moments cannot provide a material part of the agreed service, available remedies will depend on the circumstances, the part of the service already supplied and your rights under applicable law.

Nothing in these terms excludes, restricts or modifies a consumer guarantee, statutory right or remedy that cannot lawfully be excluded. In Australia, this includes applicable rights under the Australian Consumer Law.

Your information and your images

Our Privacy Policy explains the information our booking, website and gallery systems collect, why we use it, who may process it, and the choices available to you. Images of identifiable people can themselves be personal information in some circumstances.

Which law applies

These standard terms are governed by the laws applicable in Victoria, Australia, and the parties submit to the courts and tribunals that have jurisdiction there. Mandatory laws can still apply regardless of this clause.

For destination or international work, local laws, permits, venue rules, privacy rules and other mandatory requirements in the place where the service is performed may also apply. A Victorian website contract cannot override another country’s mandatory law.

Versions and changes

We may update these standard terms for future bookings. The booking system records the version accepted when you submit the request. A later website update does not silently replace the recorded terms for an existing confirmed booking unless the change is separately agreed or required by law.