Terms and conditions
Nelson Azevedo Photography
These Terms & Conditions apply to all photography services provided by Nelson Azevedo Photography (“Photographer”, “we”, “us” or “our”).
By making a booking, paying a deposit or otherwise confirming a photography session, the person making the booking (“Client”, “you” or “your”) agrees to these Terms & Conditions.
Where a booking is made on behalf of a group, business, team or other participants, the person making the booking is responsible for ensuring that relevant participants are made aware of these Terms & Conditions and any applicable location or safety requirements.
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1. BOOKING & PAYMENT
A booking is confirmed once the required deposit or booking payment has been received.
Unless otherwise agreed, full payment must be received before the photography session takes place.
The Photographer is not required to commence editing or release final images until all amounts due for the agreed photography services have been paid.
All prices are in Australian dollars and include GST where applicable.
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2. DEPOSITS
A deposit is required to secure and reserve the Client’s agreed photography date and time. The deposit is applied toward the total package price.
Once a booking is confirmed, the Photographer reserves that time exclusively for the Client and may decline other bookings for that period.
Deposits are generally non-refundable and non-transferable if the Client cancels or is unable to proceed, as the Photographer may have lost the opportunity to book another Client for the reserved time.
Nothing in these Terms & Conditions excludes any rights or remedies that cannot legally be excluded under Australian law.
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3. CANCELLATIONS & RESCHEDULING
The Client should provide as much notice as possible if they need to cancel or reschedule.
If the Client cancels or is unable to proceed, the deposit will generally be forfeited. If the Photographer is able to rebook the same date and time, the Photographer may, at their discretion, refund or transfer some or all of the deposit.
Rescheduling is subject to the Photographer’s availability and may require a new deposit where a suitable alternative date cannot be arranged.
Nothing in these Terms & Conditions excludes any rights or remedies that cannot legally be excluded under Australian law.
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4. PHOTOGRAPHER CANCELLATION
If the Photographer is unable to perform the session due to illness, injury, emergency, equipment failure, extreme circumstances or another event outside the Photographer’s reasonable control, reasonable efforts will be made to reschedule the session.
If the Photographer is unable to provide the services and the session cannot reasonably be rescheduled, amounts paid for services that have not been provided will be refunded to the extent required by law.
The Photographer will have no further liability for reasonable costs or losses arising from circumstances outside the Photographer’s reasonable control, except where liability cannot legally be excluded.
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5. PACKAGES & UPGRADES
The Client’s booking is based on the photography package selected at the time of booking.
Once a deposit has been paid, a package cannot be downgraded.
The Client may request an upgrade to a higher package, subject to availability and payment of the applicable difference.
Additional images, editing, travel, location hire and other services are charged separately where applicable.
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6. ADDITIONAL IMAGES
Additional edited images may be purchased where available.
Additional images are charged at the current rate advised by the Photographer at the time of purchase.
Additional image selections are final once confirmed and paid for.
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7. LOCATIONS & TRAVEL
Unless otherwise agreed, each photography session includes one location within the Gold Coast.
Locations within 15 minutes’ travel of the Photographer’s base location, as reasonably determined by the Photographer, are included.
Locations requiring travel beyond this included travel area may incur a travel charge at $0.86 GST inclusive per kilometre.
Additional locations may incur additional charges.
Travel charges are calculated from the Photographer’s base location to the session location and, where applicable, return travel.
The Photographer may recommend or approve a location based on suitability for the requested photography.
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8. LOCATION HIRE
Where a gym, studio, private residence, event space or other third-party location is required, the Client is responsible for the applicable location hire fees, permits, entry fees and other charges.
Where the Photographer agrees to arrange, book or pay for a location on the Client’s behalf, the Client remains responsible for all associated costs.
The Photographer may require payment of location hire fees before making the booking.
Third-party locations may have their own rules, conditions, restrictions and insurance requirements. The Client and all participants must comply with those requirements.
The Photographer is not responsible for changes to a third-party location’s availability, rules or requirements that are outside the Photographer’s reasonable control.
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9. LOCATION DAMAGE & PROPERTY RESPONSIBILITY
Where the Photographer arranges, books or pays for a location on behalf of the Client, the Client is responsible for the conduct of themselves and all persons attending the session under their booking or invitation.
This includes, but is not limited to:
models;
athletes;
coaches;
clients;
employees;
team members;
guests;
friends or family; and
other participants or attendees.
The Client must take reasonable steps to ensure that everyone attending under their booking treats the location, furniture, fixtures, fittings, equipment and other property with reasonable care.
The Client is responsible for damage or loss caused by the Client or a person attending under the Client’s booking, except where the damage was caused by the Photographer’s own negligent or unlawful conduct.
This includes damage to property, equipment, furniture, fixtures, fittings and other items belonging to or located at the venue.
Where the Photographer incurs a cost or liability as a result of such damage, the Client agrees to reimburse the Photographer for the amount properly payable.
This may include:
repair costs;
replacement costs;
cleaning costs;
restoration costs;
damage charges imposed by the location;
insurance excesses; and
other reasonable costs directly arising from the damage.
Where available, the Photographer will provide reasonable supporting documentation such as invoices, receipts, photographs, repair quotations or charges from the location owner.
The Photographer will not charge the Client for pre-existing damage or damage unrelated to the Client’s session.
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10. GROUP BOOKINGS & COACHES
Where a photography session is organised or booked by a coach, trainer, business owner, organiser or other person on behalf of a group (“Group Organiser”), that person acknowledges that they are responsible for the booking and for communicating relevant requirements to the participants.
The Photographer may have no prior relationship with individual participants attending the session.
The Group Organiser is responsible for taking reasonable steps to ensure that participants:
comply with these Terms & Conditions;
comply with the location’s rules;
follow reasonable safety directions;
treat the property with reasonable care; and
do not engage in conduct that could cause damage or injury.
Where damage is caused by a participant attending under the group booking and the responsible participant does not directly reimburse the Photographer or affected location, the Group Organiser agrees to reimburse the Photographer for amounts properly payable under these Terms & Conditions, subject to applicable law.
Where the responsible participant can be identified and agrees to pay the relevant costs directly, the Photographer may seek payment directly from that person.
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11. PUBLIC LIABILITY INSURANCE
The Photographer maintains public liability insurance where required for the operation of the photography business.
Where a third-party location requires evidence of public liability insurance, the Photographer may provide appropriate insurance documentation.
The Photographer’s public liability insurance does not make the Client or participants exempt from responsibility for damage or loss caused by them.
Where an insurer handles a claim arising from damage caused by the Client or a participant, the Client remains responsible for any applicable insurance excess or other amount properly recoverable from the Client under these Terms & Conditions, subject to applicable law.
The Client’s personal belongings, clothing, equipment and other property are not automatically covered by the Photographer’s insurance.
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12. SAFETY
The Client and all participants must follow reasonable safety instructions given by the Photographer and the location owner or operator.
The Photographer may stop or refuse photography where they reasonably believe an activity presents an unacceptable safety risk.
The Photographer is not responsible for injury or loss resulting from a Client or participant failing to follow reasonable safety instructions or engaging in unsafe conduct, except to the extent caused by the Photographer’s own negligent or unlawful conduct.
Nothing in these Terms & Conditions excludes liability that cannot legally be excluded.
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13. ARRIVAL & LATE STARTS
The Client is responsible for arriving at the agreed location at the agreed time and being ready to commence photography at the scheduled start time.
If the Client arrives late, the available shooting time may be reduced so that the session finishes at the originally scheduled time.
Where the Photographer is able and agrees to continue beyond the scheduled finish time, additional charges may apply.
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14. WEATHER & OUTDOOR SESSIONS
Outdoor sessions may be rescheduled where extreme or unsafe weather conditions make photography impractical or unsafe.
Rescheduling is subject to the Photographer’s availability.
Normal changes in weather, cloud cover or lighting do not automatically entitle the Client to a refund or rescheduling.
Where a third-party location has been booked and its fees are non-refundable, the Client remains responsible for those costs where they were incurred on the Client’s behalf and cannot reasonably be recovered.
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15. PROOFS
Proofs are low-resolution, unedited reference photographs supplied for the purpose of selecting images for editing.
Proofs may contain watermarks or other identifying marks.
Proofs are not final photographs and must not be used for commercial purposes, advertising, publication or public distribution without the Photographer’s written permission.
The Photographer determines which photographs are included in the proof gallery and is not required to provide every photograph taken during the session.
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16. IMAGE SELECTION
The Client is responsible for selecting their photographs from the proof gallery.
Unless otherwise agreed, selections should be made within 7 days of receiving the proof gallery.
Delays in selecting photographs may delay final delivery.
The Photographer is not responsible for delivery delays caused by the Client failing to make selections or respond to communications.
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17. RETOUCHING & EDITING
Normal retouching may include:
exposure and colour correction;
blemish removal;
minor flyaway hair removal;
skin tone correction;
skin retouching;
minor body reshaping; and
minor background cleanup.
The Photographer’s editing style forms part of the creative service.
Requests for substantial editing outside normal retouching may incur additional charges.
This may include extensive body reshaping, compositing, removing or adding objects or people, changing clothing, extensive background manipulation or other significant alterations.
Additional editing is charged at $100 GST inclusive per hour, unless otherwise agreed.
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18. EDITING REVISIONS
Once an image has been approved by the Client, additional changes may incur further editing charges.
The Photographer is not required to provide unlimited revisions.
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19. DELIVERY TIMEFRAMES
The delivery timeframes provided by the Photographer are general guidelines only and are intended to provide an approximate indication of the expected turnaround time.
The Photographer aims to provide proof galleries within 14 days of the photography session.
Final retouched photographs are generally delivered within 42 days of receiving the Client’s final image selections.
Actual delivery times may vary depending on the time of year, the Photographer’s current workload, the number and complexity of images being processed, the amount of editing required, additional services requested, delayed Client selections or responses, and circumstances outside the Photographer’s reasonable control.
During periods of particularly high demand, including seasonal or peak booking periods, delivery may take longer than the general timeframes stated above.
The timeframes stated in this section are not guaranteed delivery dates unless a specific delivery date has been expressly agreed in writing.
The Photographer will make reasonable efforts to communicate with the Client where a significant delay beyond the general expected timeframe is anticipated.
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20. DIGITAL FILES & BACKUPS
Final photographs are generally delivered digitally through an online gallery or other digital delivery method selected by the Photographer.
The Client is responsible for downloading and safely storing their final photographs.
The Photographer recommends that Clients maintain their own backup copies.
The Photographer does not guarantee permanent storage of delivered photographs.
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21. ARCHIVING & REORDERS
The Photographer may retain completed session files for a reasonable period after delivery.
Additional images may generally be purchased for up to 12 months from the original session date, subject to the files still being available.
The Photographer may permanently delete files after the applicable retention period.
Once files have been permanently deleted, they cannot be recovered or reordered.
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22. RAW FILES & UNEDITED IMAGES
RAW files, working files, outtakes and other unedited photographs are not included in photography packages unless specifically agreed in writing.
The Photographer retains ownership of all original and unedited files.
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23. COPYRIGHT
Copyright in all photographs remains with the Photographer unless ownership is expressly transferred in writing.
Payment for photography services does not transfer copyright.
The Client receives only the usage rights expressly granted under these Terms & Conditions or otherwise agreed in writing.
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24. PERSONAL USE
Unless otherwise agreed, photographs supplied as part of a personal photography package are licensed for the Client’s personal use.
Personal use includes sharing final photographs on personal social media accounts.
The photographs must not be sold, licensed, commercially reproduced or provided to another business for commercial use without the Photographer’s written permission.
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25. COMMERCIAL & PROMOTIONAL USE
Where a session is booked for a business, brand, coach, gym, studio or other commercial purpose, the agreed commercial usage rights apply.
Commercial use may include business websites, social media, promotional material and advertising where agreed.
Unless expressly included, commercial usage does not automatically include unlimited paid advertising, third-party licensing, merchandise, resale or transfer of rights to another business.
Additional licensing fees may apply depending on the intended use.
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26. PORTFOLIO & PROMOTIONAL USE BY THE PHOTOGRAPHER
Unless otherwise agreed in writing, the Photographer may use selected final photographs from a session for their portfolio, website, social media, advertising and promotional purposes.
Where a Client requests that their photographs not be used for portfolio or promotional purposes, the Photographer will consider the request and confirm whether the restriction can be accommodated.
Commercial confidentiality arrangements agreed in writing will take precedence over this clause.
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27. OTHER PHOTOGRAPHERS & GUESTS
The Photographer must be the primary professional photographer during the booked session.
Another professional photographer may not conduct a competing photography service during the session without the Photographer’s prior approval.
Guests may take casual photographs on mobile phones provided they do not interfere with the Photographer, direct the Client, obstruct the Photographer or otherwise interfere with the session.
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28. CLIENT APPEARANCE & PERSONAL PROPERTY
The Client is responsible for their clothing, hair, makeup, tanning and other styling unless these services have been specifically provided by the Photographer.
The Photographer is not responsible for damage to or loss of the Client’s personal property except to the extent caused by the Photographer’s own negligent or unlawful conduct.
Clients should consider the suitability of clothing and personal belongings for the selected location and style of photography.
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29. ADDITIONAL TIME & SERVICES
Additional photography, editing or retouching services not included in the selected package may incur additional charges.
The current applicable rate is $100 GST inclusive per hour, unless otherwise agreed.
The Photographer may require payment before providing additional services.
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30. REFUNDS & AUSTRALIAN CONSUMER LAW
The Photographer aims to provide all services in accordance with the agreed package and to a professional standard.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law or other applicable legislation.
Where the Photographer fails to meet a non-excludable consumer guarantee, the Client may be entitled to a remedy depending on the circumstances.
A Client’s dissatisfaction with their own appearance, styling, makeup, clothing, posing or personal creative preference does not automatically constitute a failure to meet a consumer guarantee.
Where a Client raises an issue with the service, they should contact the Photographer as soon as reasonably possible so that the Photographer has a reasonable opportunity to address the issue.
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31. OUTSTANDING PAYMENTS & RELEASE OF IMAGES
Final images and other deliverables will not be released until the amounts payable for the relevant photography services have been paid in full.
Where an additional amount becomes properly payable under these Terms & Conditions, including an established location damage cost, the Photographer may suspend delivery of outstanding deliverables until that amount has been resolved, to the extent permitted by law.
The Photographer will not use this provision to avoid or override any legal right that cannot lawfully be excluded.
Nothing in this clause prevents the Photographer from pursuing outstanding amounts through other lawful means.
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32. INDEMNIFICATION
To the extent permitted by law, the Client agrees to indemnify the Photographer against reasonable losses, costs, claims and liabilities arising from:
the Client’s breach of these Terms & Conditions;
the Client’s negligent or unlawful conduct;
the negligent or unlawful conduct of persons attending under the Client’s booking;
damage caused by the Client or persons attending under the Client’s booking to third-party property; or
the Client’s unauthorised use or distribution of the photographs.
This indemnity does not apply to the extent that the relevant loss, damage or claim was caused by the Photographer’s own negligent or unlawful conduct.
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33. THIRD-PARTY CLAIMS
If a third-party location owner or operator makes a claim against the Photographer relating to damage or loss occurring during the Client’s session, the Photographer may seek relevant information and documentation from the Client.
The Photographer will take reasonable steps to establish the basis and amount of the claim before seeking reimbursement from the Client.
Where the claim is reasonably established as resulting from the Client or a person attending under the Client’s booking, the Client is responsible for the amount properly payable under these Terms & Conditions.
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34. LIMITATION OF LIABILITY
To the extent permitted by law, the Photographer is not responsible for loss or damage arising from:
circumstances outside the Photographer’s reasonable control;
the Client’s failure to follow reasonable instructions;
the actions of third parties or participants;
loss or damage to personal property brought to the session by the Client; or
circumstances for which the Photographer is not legally responsible.
Nothing in these Terms & Conditions excludes, restricts or modifies liability that cannot legally be excluded.
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35. FORCE MAJEURE
The Photographer is not responsible for failure or delay in performing the services where the failure or delay results from circumstances outside the Photographer’s reasonable control.
This may include serious illness, injury, natural disasters, extreme weather, government restrictions, venue closure, transport disruption, equipment failure despite reasonable maintenance, or other unforeseen circumstances.
Where reasonably possible, the Photographer will offer an alternative date or other appropriate solution.
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36. GIFT VOUCHERS
Gift vouchers are valid for 12 months from the date of issue, unless otherwise stated on the voucher.
The session must be booked and completed within the validity period.
Gift vouchers are not redeemable for cash.
Bookings remain subject to the Photographer’s availability.
Travel, location hire and other additional charges may apply.
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37. COMMUNICATION
The Client is responsible for providing accurate contact information and checking communications relating to their booking.
The Photographer is not responsible for delays caused by incorrect contact details or the Client failing to check or respond to communications.
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38. ENTIRE AGREEMENT
These Terms & Conditions, together with the booking details and any written variations agreed between the Photographer and Client, form the agreement between the parties.
Any variation to these Terms & Conditions must be agreed in writing.
If any provision is found to be invalid or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
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39. ACCEPTANCE
By making a booking, paying a deposit or otherwise confirming a photography session, the Client confirms that they have had an opportunity to read these Terms & Conditions and agrees to be bound by them.
Where a booking is made on behalf of a group, the person making the booking is responsible for communicating any relevant requirements to the participants attending under that booking.
Last updated: 1 September 2026
