Terms and Conditions
BOOKING INFORMATION
Please check before booking if you have more than 6 People and Pets (inclusive).
Inclusions in your Session fee:
Super Santa Experience Session:
- Time for kids to settle/enjoy their time with Santa.
- Professional photography of your session. This typically includes:
- Candid photos of interactions with Santa
- Posed photo of each child individually and all together with Santa
- A group/family photo with Santa.
- Estimated total number of images delivered in your digital gallery: 10-20.
- Where a Pet Inclusive Session is purchased, Pet/s may also be included subject to Pet Terms.
Simple Santa Experience Session:
- Time to chat and hug Santa, get a Santa gift (optional add-on) and ask some questions. (Please consider a Super session if more than 2 kids wanting individual time with Santa).
- Professional photography covering the session
- Session fee includes 1 image of your choice. (You’ll typically have 3-8 images to choose from in your digital gallery).
- Additional digital photos can be purchased for just $10 each (subject to time).
- Where a Pet Inclusive Session is purchased, Pet/s may also be included subject to Pet Terms.
(No Santa) Christmas Family Session:
- Professional photography in Christmas themed studio
- Estimated total number of images delivered in your digital gallery: 10-15
- Where a Pet Inclusive Session is purchased, Pet/s may also be included subject to Pet Terms
Pet Inclusive Session Terms:
- Pet Inclusive Sessions must be selected or the additional Pet fee will be charged to change to a Pet Inclusive Session.
- Pet Inclusive Sessions may deliver lower numbers of estimated images, depending on animal behaviour and available configurations.
- Pets must be under your control, safe around people and equipment, and toilet trained (or in a cage). Additional cleaning or damage may incur extra fees. Please note, we cannot supervise pets.
- Damage or mess caused by animals who are not appropriately toilet trained, behaved, or supervised, may result in additional charges being payable.
Optional Add-Ons.
– Gifts for Santa to give your children
– Instant photos with frames that you can take home from your session
– Christmas decorations
Important Information/Limitations:
- To keep sessions stress-free and prices low, please leave the photos to us — we’ll capture every special moment for you. No filming in studio.
- Digital galleries typically delivered within 7 days. Please note: Due to high demand, sessions held after Sunday 14 December are not guaranteed to be delivered before Christmas, and may not be delivered until January.
- Christmas decoration orders: The last session eligible for pre-Christmas delivery of in-house Christmas decoration orders is Sunday 7 December. Photo selections must be completed by Tuesday 16 December (subject to stock and order quantities).
- Only Pet Inclusive Sessions options may bring pets. Pet Inclusive sessions require additional preparation and clean-up, and are priced differently to regular sessions.
- Session Fees are non-refundable.
- If your child is unwell please contact us BEFORE your session. We have limited rescheduling options, including a post-Christmas, non-Santa Christmas session, where gifts can still be collected.
- Due to space limitations only 2 people may observe the session.
- Super sessions typically take 20-25 minutes, with a maximum of 30 minutes.
- Simple sessions typically take 5-10 minutes, with a maximum of 10 minutes.
- Family Christmas sessions typically take 15-20 minutes, with a maximum of 30 minutes.
- Please arrive 5 mins early to keep things running smoothly and make the most of your Santa Experience.
Session Information:
Sessions are held at our North Mackay home-based studio.
If you have special circumstances or requests, please contact us to discuss. Santa@madformedia.com.au
OTHER TERMS AND CONDITIONS
THE CLIENT
- I/we authorise Caine Batley, trading as Mackay Santa Experience and also trading as Mad for Media, (herein referred to as the Studio) to arrange the photography in accordance with the details provided. I/we are satisfied that these details are correct.
- I/we understand that the Session Fee for the Santa Experience/Family Christmas photos constitutes a booking fee and is not refundable, but may be transferable in certain circumstances.
- I/we understand that rescheduling is not guaranteed. Rescheduling may only done on request at least a week before the session date where there are sessions available to move to. It is not possible to reschedule within the last two session weeks of December or when there are no sessions available to move to. Santa Sessions may be rescheduled to a no Santa Family Christmas session if this option is available as an alternative when no further Santa Experience sessions are available.
- I/we understand that anyone who is unwell (contagious) will not be able to attend a session.
- I/we have received, read and understand the price list, which has been confirmed for our assignment on payment of the session fee is required upfront to secure the booking.
- I/we agree that the booking of and any additional costs incurred for the experience are our responsibility or may be invoiced separately where applicable.
- I/we hereby give permission for the studio to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing material. (Subject to the final clause regarding children included in the photos).
- The details and times listed here and on our booking information, form part of this agreement and I/we agreed to make every effort to cooperate in order for the Studio to fulfil its contracted photographic duty. I/we acknowledge the Studio cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if I/we chose not to follow the agreed to schedule.
- I/we understand that to avoid disruption to the photographic coverage and to allow the Studio to fulfil its contracted duty; other photography or video by family/friends during the session is not permitted. If there is a special need to have additional photography or videography I will contact Mad for Media with the request prior to my session to see if there is a way to accommodate this request. I agree to pay any additional fees that such a request may incur.
- I/we agree the Studio owns the Copyright in all photographs. I/ we give permission to the Studio to use any image of our sitting for industry competitions and as required subsequent usage and for reasonable general promotional advertising for the Studio. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by us.
- I/we agree that as the Studio owns the Copyright, any public use of the images shall be properly credited to Mad for Media. Permission and commercial use fees are required for any commercial use. Otherwise photographs may not be sold in digital, print or any other medium, or used in any way to generate or facilitate income or commercial purposes. This does not prohibit you from printing your images for personal use of any kind. You may share your images on your personal social media, print digital images, and distribute your prints or digitals to family and friends or other personal purposes.
- The original digital files remain the property of the Studio and will be kept on file a period of five years for re-orders. I/we may be able to negotiate with the Studio for release of the digital files. Regarding ordering prints and other products, and re-ordering photographs, I/we also understand:
- Orders must be placed by January 31st of the month following the end of the Christmas season, otherwise prices current at the time of ordering will apply and I/we will pay all reasonable freight and postage that applies
- All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with the Studio had been made. Manual orders require written confirmation with payment before the order can be processed.
- All orders for physical products shall remain the property of the Studio until full payment has been made. Orders cannot be separated for collection unless paid for in full.
- Should I/we fail to pay and collect any order within fourteen (14) days of notification of completion, the order shall be in default and the Studio may charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, I/ we acknowledge that no future orders will be processed until the Order is paid in full.
- I/we understand that the studio recommends, but does not require, enlargements carry the Mad for Media watermark or logo to avoid copyright issues.
- The Studio has no control over the environment in which physical photographs are kept and that colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is minimised when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions.
- I/we agree to pay any additional session fees or costs incurred as required. Session fees are typically prepaid at fixed prices, subject to the below relevant clauses.
- Simple session fees include 1 digital image only and this photo may be chosen from a selection of photos taken at the session. Additional images may be purchased for the specified fee in the booking information. Raw photographs will not be delivered.
- Super session fees include all processed/edited digital photographs from the session. Raw photographs will not be delivered. An approximate number of digital images is included in the gallery, depending on the session type. I understand that these are approximations only and the final number may differ depending on both the goals of the session and the behaviours of session participants.
- Where I have multiple family units looking for their own family photos as well as a combined photo, I/we agree to book a double session or one or more back to back sessions per family unit and ensure the required intentions and goals are communicated with the studio so this can be effectively managed. If multiple family units are booked into one session I understand that Mad for Media will not be able to get all the family group photos in the session.
- I/we agree to confirm all attending guests prior to the session (including possible guests). Where guests are unannounced the studio may not be able to run the session as effectively or be able to accommodate the number of guests in attendance.
- I/we understand that the studio is designed to accommodate up to 6 guests, and may be able to accommodate up to 8 guests (including pets). If I/we have a group exceeding this number I will get in touch with Mad for Media to discuss suitable arrangements. I/we understand that this will likely mean the entire group cannot be included in one group pose.
- I understand that larger numbers of guests can be harder to manage and may result in less overall photos than estimated.
- For pets to be included in a session I/we agree that a “Pet Session” booking must be made. If pets are brought to a session that is not booked and paid for as a pet session, a surcharge pet fee of $30 will be invoiced, if it is possible to accommodate the pet without notice. I/we understand that in this event, digital photographs from the session will not be released until this additional fee is paid.
- Where dogs and other animals are included in the session I/we agree that the pet/s is/are suitably trained and behaved to ensure the safety and protection of both people and objects within the studio. Guests understand that Mad for Media and workers at the studio are not specially trained for working with animals and agree to take full responsibility for the control and management of their pet.
- To this end, I/we as the guests, agree to cover any special or additional cleaning or repair costs directly caused by animal behaviour such as, but not limited to, going to the toilet inside the studio, tearing, biting, scratching, or knocking over equipment, props, backdrops, decorations, displays, gifts, or people. This may include cleaning fees, repairs covered by existing staff and material, as well as third party costs.
- I/we agree that animals that are not properly controlled must be immediately removed from the studio, regardless of whether there has been opportunity to photograph them.
- I understand that if I am not at the studio ready to come in at my Session start time that I have missed my session and Mad for Media reserves the right to mark me as a no show and I will not be entitled to a refund or to reschedule.
- I understand that I should contact Mad for Media if I am running late, and they will accommodate a partial or full session where possible, without any guarantee that either a full or partial may be able to go ahead.
- I agree to advise Mad for Media if I am unable to make it to my session on the day to accommodate organisation for the day.
- I understand that as products are custom orders I am unable to cancel or collect a refund for uncollected items. I agree that am responsible for collection of any product orders that are made. If I am unable to collect the product for six months, the business may not continue to store my product for me and the business has discretion over what to do with my product. They may dispose of my product or use it as sample stock.
THE STUDIO
- Should the session be unable to be held for any reason the Studio will notify the Client of any change as soon as it is known and work out a suitable alternative.
- The price quoted will be guaranteed for the current Christmas season. Any additional costs will be advised and confirmation required before proceeding.
- The digital files remain the property of the Studio and will be kept on file for at least 12 months to faciliate orders for decorations or prints. The Studio offers no guarantee of retaining the digital files beyond this, although they may do so at their disretion.
- The Studio shall carry out this assignment with due and professional diligence. Elements beyond the Studio’s control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives/digital files in transit between the Studio and professional laboratories employed by the Studio, loss or damage to film, negatives/digital files and proofs during processing and developing either by the Studio or professional laboratories employed by the Studio, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent the Studio completing in whole or in part this assignment. In this case the Studio shall not be liable for its complete performance of the assignment. It is agreed that the liability of the Studio shall be limited to be a refund of any money paid under this agreement which shall be in full & final satisfaction of any damage or loss suffered.
- The studio shall hold onto any paid for product orders for collection for up to six months and will send at least three reminders to organise a collection date. After six months the studio is not responsible for continuing to store the product and will make final notification with a collection deadline before product is no longer held for collection.
GENERAL
- Payment for your session and attending the session will constitute acceptance of the terms and conditions
- Mad for Media understands that there are a number of reasons that images of children cannot or should not be shared in public and respects this. If you request that images of your children not be shared in public, any images showing identifiable features of the children will not be used for public purposes unless specific permission is later provided by yourself or once the children have attained legal age. When the digital images are delivered the studio will remind you that you just need to let us know if you are not happy for photos to be shared. If you have advised us of this upfront, the message will be changed to confirm that your images will not be shared.
