Terms and Conditions
Sessions and Fees
Your session fee/deposit is due at the time of booking to secure your session date, time and perform services. An additional fee of $50 applies for all sessions on Saturdays. This amount is non-refundable with cancellations.
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Deposit for a Stylised Newborn Session $200.00
Deposit for a Family/Pet Session $150.00
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The remainder of the session fee is due for payment 48 hours before the appointment.
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Rescheduling and Cancellation
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There is no extra charge for rescheduling a session if you have given at least 48 hours notice to Momentary Magic. However, it the session is rescheduled with less than three hours notice, a $100 reschedule fee will apply to secure the next booking. Refunds are determined at the discretion of Momentary Magic if you need to reschedule for reasons of sickness, the price quoted at the time of booking will be honoured for three months only.
The session starts at the agreed upon time. If by chance you will be late, that time will be taken out of your allocated session time. If there has been no communication to notify Momentary Magic of your delay, then Momentary Magic has the right to assume the session has been cancelled after 30 minutes and the session fee/deposit will be forfeited.
If you need to cancel your session and do not book a future date, you will have a credit for funds paid. However, any price changes will apply immediately. If the Client fails to notify Momentary Magic through call, message and/or email the session/fee deposit will be forfeited and not refunded.
Momentary Magic reserves the right to reschedule due to illness, weather, equipment malfunction or other circumstances beyond control.
No refunds will apply to cancelled sessions. Any prepayment of any funds that occur before the booked session itself.
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Health and Allergies
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Please advise Momentary Magic through email immediately or 48 hours prior to the scheduled session if there are any family members that have any special needs/circumstances or allergies.
We reserve the right to refuse any service at any time. No one with a contagious illness is allowed in the studio of Momentary Magic. Momentary Magic has the right to cancel a session if a client shows up sick. Momentary Magic reserves the right to reschedule due to illness if Kim or one of her family members it sick due to illness, or other circumstances beyond control.
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Location Of Photography Studio and Pets
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Momentary Magic’s photographic studio is located on the third floor of my house, up two flights of stairs. If it is not possible for you to walk up the stairs, please let me know in advance and I can set up a specialised space on the bottom floor and change the photo session time to later in the afternoon to capture the best light possible or find ab alternative suitable location.
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Momentary Magic's studio and my home are smoke-free environments.
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Also, we are lucky enough to own a mini-lop rabbit who lives inside our house. Please be aware of this in the case you have a pet or rabbit allergy.
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Photographic Materials and Copyright
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All photographic materials, such as original digital files, prints or slides, shall be the exclusive property of the Momentary Magic. Momentary Magic shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising, social media and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
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Client’s Usage
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The Client is obtaining digital files and prints for personal use only, and shall not sell said prints or digital files. The use of digital images for Corporate or commercial reasons must be authorized in writing by Momentary Magic. Personal use includes sharing images with family and friends! If the Client is obtaining images for newspaper announcement of a birth, wedding, editorial or website use, the Photographer allows Client to do so, with reference to Momentary Magic adjacent to the photograph
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Social Media
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This clause applies to all social media, including Facebook and blogs. When published online it is required that citation of Momentary Magic be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The Client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in colour, or edited in any way.
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High Resolution Images
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Images deliverable in High-Resolution (or known as High-Res) are 300 DPI with a minimum of 3000 Pixels in the longest edge.
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File Archive
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Momentary Magic will hold and store your selected best 40, 60 or 100 images (as per your package selected) and digital files for 12 months after the completion of the photo shoot.
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If digital images are provided to you, it is your responsibility to ensure the files are downloaded (via usb or email, as applicable).
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If there are any issues accessing files (via USB, dropbox, email or otherwise), you must raise this with Momentary Magic within two weeks of delivery. We hold no responsibility for missing files if you do not notify Momentary Magic within this timeframe. If files are requested following this date and within the 12-month that the images are stored, we will charge a retrieval fee of $55 (including GST).
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GST
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The prices quoted on Momentary Magic are quoted including GST.
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Specific Poses
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Momentary magic can not guarantee a certain pose, look or recreated image. Your baby or child's safety is the highest priority. The photo session is very much baby-led and there may be poses that the baby does not find comfortable. If this is the case, Momentary Magic will work to find an alternative pose where the baby is content.
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Reshoots
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If you are unhappy with your photographs upon presentation of your best 40, 60 or 100 selected images and you wish to reshoot, we may grant this at our absolute discretion. All images from the initial session will be deleted and you will only be able to access photos from the subsequent session.
If we do not grant you a reshoot, you may still request another session and you will be liable to pay an additional session fee at a 20% discounted rate. You may then choose images from both sessions.
Momentary Magic takes no responsibility for the artistic quality of the photographs where there are factors outside Momentary Magic’s control (for example, poor choices of clothing, make-up, hair or weather-related issues). We note we set out our recommendations on our website and in our booking email/letter.
Once a photographic session has taken place, no refund will be given of the booking fee or session fee. In exceptional circumstances, Momentary Magic may offer to repeat a session if the baby or children have not co-operated for one reason or another. A repetition is at the discretion of Momentary Magic and will be arranged as soon as possible after the initial shoot.
Immediate Termination of Contract
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Momentary Magic and Kim Kench will treat all clients with the upmost respect and ask that you and your family do the same with us.
Momentary Magic will not tolerate any unreasonable or aggressive behaviour (for example, attempts to bully, harass, abuse, manipulate or extort the photographer.) Momentary Magic will also not tolerate any unreasonable requests in respect of any booking or artwork (for example, changing appearance beyond recognition, or excessive editing in photoshop).
In addition, Momentary Magic does NOT accept disrespectful conversations over social media or in person. Clients that attend their photography session in a disorderly state, or show disrespect to Kim Kench, her family and her photography equipment will result in cancellation of the session immediately, forfeiting any fees and culling any images that were taken at the time.
No refund will be issued as per the cancellation terms.
If any equipment is damaged due to behaviour of client or children/ parents, action will be taken and invoice will be given to cover the cost of the damaged pieces. Invoice/ Fee will need to be paid within 2 weeks or further action will be taken.