These Terms & Conditions govern the services and products offered by Flack Photography. If you do not agree or are unable to agree to be bound by these Terms & Conditions, do not use the website or the services offered. We may modify these Terms & Conditions from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the bottom of this page the date that revisions were last made. Your use of the website or the services after such posting will constitute acceptance by you of such changes.

Nature of Business

The website provides a venue for people seeking photography services (“Customers”) to connect with Flack Photography who want to provide those services (“Debbie Flack”) and to purchase those services.

Use of Website and Services

Use of personal information. You may from time to time receive personal information from Flack Photography. For example, upon confirmation of a booking, Customers will be provided with the Photographer’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the website and services. Flack Photography may not contact Customers, and Customers may not contact the Photographer, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the website.

Circumvention of website and services. You may not use the website or services, or information obtained from the website or services, for the purposes of circumventing or attempting to circumvent Flack Photography’s messaging tools, including for the purpose of avoiding the obligation to pay fees related to Flack Photography’s provision of the services.

You are prohibited from violating or attempting to violate any security features of the website or services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access; (b) attempting to probe, scan, or test the vulnerability of the services, the website, or to breach security or authentication measures without proper authorisation; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” Any violation of system or network security may subject you to civil and/or criminal liability.

The website contains links to Flack Photography’s other Social Media platforms such as Facebook and Instagram (each, a "Third Party Site"). We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.

Fees, Payments, Refunds and Cancellation Policies

A schedule of current package plans and fees available for Customers is listed on the website. Such packages and fees are subject to change or termination by Flack Photography from time to time without notice. If there is any change to the packages or fees, the pages listing the current packages or fees, respectively, will be updated. Upon confirmation of the booking of these fee-based services, Customers agree to pay Flack Photography the applicable fees then in effect.

Once the customer has confirmed their booking of the relevant services the customer agrees to pay a non-refundable deposit payable by bank transfer or PayPal to secure the booking and/or services, we operate a cashless business. Flack Photography cannot guarantee any booking or service until the deposit is received. The outstanding balance can be paid at any time, however no later than the day prior to the photoshoot. Should the full payment not be received, Flack Photography reserves the right to cancel our services and retain any booking/deposit fee. Flack Photography cannot accept any responsibility or liability if the criteria in this section is not met in its entirety.

Should the photo session be cancelled, at any stage, due to the instruction of the customer or by Government intervention (eg: Covid), Flack Photography reserves the right to retain any booking, deposit or reservation fee made by the customer.

Rescheduling of Services / Mobile Communication

Customers may reschedule their session from their original date to another date prior to the originally scheduled session without penalty or charges. To reschedule your booking, contact Flack Photography at flackphotography@hotmail.com

Customers have the option of providing Flack Photography with their mobile phone number as part of the booking process. Customers who provide Flack Photography with their mobile phone number may receive text message communications from Flack Photography on their mobile phones and/or mobile devices. By providing Flack Photography with your mobile phone number, you consent to Flack Photography sending text messages to your mobile phone and/or mobile device. Flack Photography does not charge for sending text messages, but your carrier may charge you.

Delivery

The full gallery of digital (proof) images will be made available to view within a few days of the photoshoot via our ‘Secure Client Proofing’ webpage which can be found at flackphotography.format.com. Said proof images will be a lower resolution image than the final images and will also contain Flack Photography's watermark. You are prohibited from downloading, copying, duplicating or sharing the proof images in any manner, whether public or private, until you have finalised the purchase of said images.

If additional prints or printed products are required, additional price quotes will be provided. The final digital images will be delivered via a secure digital Dropbox link and individually re-touched by Flack Photography.

©Copyright

All materials on the website are owned by and are the property of Flack Photography. You may not use these materials unless written permission to do so is given by Flack Photography. Under the terms of this ©Copyright agreement, all images delivered to the customer by Flack Photography will remain the sole property of Flack Photography and therefore cannot be edited, cropped or altered in any way. Flack Photography reserves the right to use any photographs taken during the photoshoot for advertising, commercial or marketing purposes, including social media. Should the customer not wish for images to be published or used in marketing material, this must be made clear by the customer prior to photographs/digital images being delivered.

Restrictions

During the photo session, you are prohibited from taking photographs, videos or filming any photo sessions with your personal devices without the express permission of Flack Photography. In the event that Flack Photography discovers that you have taken photographs or filmed the session utilising your personal device, Flack Photography reserves the right to request that you delete such images.

Disputes

If any disputes or disagreements arise between a Customer and Flack Photography relating to the services provided by Flack Photography, the Customer and Flack Photography are responsible for resolving any such disputes directly with each other. If any disputes or disagreements arise between a Customer and Flack Photography relating to the payments made by or due from Customer, the Customer and Flack Photography are responsible for resolving any such disputes directly with each other.

Failure to Deliver Services

If Flack Photography cannot undertake the services due to illness, unforeseeable or unavoidable circumstances, then Flack Photography will endeavour rebook the photoshoot or return all monies paid to Flack Photography. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on behalf of the photographer. No specific photograph or image is guaranteed.

Client Usage Rights

The client is granted the usage of all delivered photographs/digital images for personal and private use only. Images are non-transferrable and cannot be given or sold to any third party. Images can be uploaded to personal social media sites and shared accordingly. Commercial use of any image from the photoshoot is strictly prohibited. 

Duplicate digital images from the photo session can be ordered at any time for a nominal fee.

GDPR policy - For Your Attention

We care about your private information at Flack Photography and take your privacy seriously. Our privacy policy covers identifiable personal information we gather when taking your booking. The information we collect may include names, addresses, telephone numbers, email addresses and event date. We do not share or sell your information with any 3rd party and only those involved in your booking will need access to the information. The information you provide when you make your booking is not kept any longer than necessary and will be destroyed in a responsible manner. Our privacy policy has been updated in line with the new GDPR legislation which came into effect on 25th May 2018.

Last updated: 3rd January 2024