Terms and Conditions

1. Definitions

Photographer refers to William Kelly Photography.
Client refers to the individual(s) booking the session.
Session refers to the photography services agreed upon in writing.
Images refer to the body of photographs produced during a session timeframe. 

Final Images refer to edited photographs delivered to the Client.
A deposit is a minimum percentage to secure the booking.

2. Payment Terms

Contracts require a non-refundable deposit of 50% of the agreed base package price unless agreed otherwise. The initial deposit remains non-refundable to secure the date and cover pre & post administrative costs. The final balance is due either on or before the day of the session.

3. Booking & Confirmation

A session is confirmed once:

• A booking form or written confirmation has been received

• All relevant releases and permissions have been signed

• The contract has been signed

• The required deposit has been paid

The deposit secures the session date and is non-refundable unless otherwise agreed in writing. 

The remaining balance is due prior to or on the day of the session, as outlined in the invoice.

4. Cancellations & Rescheduling

• Cancellations within 7 days of the session will result in forfeiture of the deposit. Considerations may be given to extenuating circumstances.

• Rescheduling due to illness, weather, or unforeseen circumstances will be accommodated where reasonably possible.

• If the Photographer is unable to attend due to circumstances beyond reasonable control, liability is limited to a full refund of any payments made.

5. Creative Direction

William Kelly Photography retains full creative control over:

• Location choice (where applicable)

• Lighting and composition

• Styling guidance

• Image selection

• Post-production and editing style

While collaboration is welcomed, final artistic decisions remain with the Photographer to ensure consistency of style and quality.

6. Image Selection & Delivery

• A curated selection of professionally edited images will be delivered via secure online gallery.

• Delivery timeframes will be communicated at the time of booking (typically 2–3 weeks unless otherwise stated).

• RAW (unedited) files are not provided.

Additional images beyond the included collection may be purchased where applicable.

7. Copyright & Usage

All images remain the copyright of William Kelly Photography.

Clients are granted a personal, non-commercial license to:

• Print images

• Share on personal social media

• Display in their home

Images may not be:

• Sold

• Submitted to competitions without consent

• Used for commercial or promotional purposes

• Altered, filtered, or heavily edited

Commercial usage requires a separate written agreement.

8. Portfolio & Promotional Use

William Kelly Photography retains the right to use images for:

• Website

• Portfolio

• Social media

• Marketing materials

If a Client requires privacy or confidentiality, this must be requested in writing prior to the session.

9. Client Responsibilities

The Client agrees to:

• Arrive on time

• Communicate any specific requirements prior to the session

• Obtain permission for private locations if required

The Photographer is not responsible for compromised coverage due to late arrival, lack of cooperation, or restrictions imposed by venues.

10. Print & Product Orders

Where prints, albums, or fine-art products are ordered:

• Orders are final once approved.

• Colour variations may occur due to screen calibration differences.

• Production timelines will be advised at the time of order.

11. Limitation of Liability

In the unlikely event of:

• Equipment failure

• Technical issues

• Loss or damage of images

• Illness or emergency

Liability is limited to the total amount paid by the Client.

William Kelly Photography is not responsible for indirect or consequential loss.

12. Force Majeure

The Photographer shall not be held liable for failure to perform services due to events beyond reasonable control, including natural disasters, government restrictions, venue closures, or illness.

13. Alteration and Artificial Intelligence

Unless expressly authorised in writing by William Kelly Photography, the Client must not alter, edit, manipulate, modify, adapt, distort, crop, recolour, retouch, apply filters to, or otherwise create derivative works from any photographs, digital files or other content supplied by William Kelly Photography.

This prohibition includes, but is not limited to, the use of artificial intelligence (AI), machine learning, generative AI, image generation, image enhancement, restoration, editing, upscaling, or similar technologies to modify, manipulate, recreate, enhance, extend, transform, or generate derivative works from the supplied content.

The Client must use all images only in the original form supplied by William Kelly Photography unless prior written approval has been obtained.

The Client must not upload, submit, scrape, licence, or otherwise make the supplied content available for the purpose of training, testing, validating, fine-tuning, or developing any artificial intelligence, machine learning, or similar automated systems.

Any unauthorised alteration or use of the supplied content, including use with artificial intelligence technologies, constitutes a breach of these Terms and the licence granted to the Client. William Kelly Photography accepts no responsibility or liability for any loss, damage, claim, or consequence arising from the Client's unauthorised modification or use of the supplied content. No licence or permission is granted for the supplied content to be used in any dataset, model, training corpus, or automated content generation system.

14. Governing Law

These Terms are governed by the laws of Queensland, Australia.