Terms and Conditions

Effective date: 01 September 2020

These Terms and Conditions (“Terms”) outline the rules and regulations for all provided services (the “Service”) by SkyReefPhoto (“us”, “we”, “our”).

Your (“client”, “you”) access to and use of the provided Service is conditioned on your signed acceptance of and compliance with these Terms. Any use of the above terminology or other words in the singular, plural and / or capitalisation are taken as interchangeable and therefore as referring to same.

1. Booking and Usage of Images

1.1. Booking & Payment of Photo Shootings

SkyReefPhoto requires a 20% deposit to secure your booking. The deposit must be paid no later than one (1) week after a booking has been requested, or it will be cancelled. Payment of the remaining balance, including any optionally purchased services or products, must be paid in full no later than three (3) weeks after the Client has been informed that the products are ready for delivery. SkyReefPhoto reserves the right to refrain from delivering any Media or products until all payments have been made in full.

Following the three weeks, a surcharge of AU$ 20 per commenced week will apply. If the outstanding balance has not been paid in full until eight (8) weeks following the deliverable announcement, any rights in acquiring the Media and / or products become null and void and no already received payments will be refunded.

1.2. Overtime during a photo shooting

Should there be the need to work longer than booked, running overtime can be requested at any time during a booked Service. Following your booked time, the first 30 minutes are free of charge to give you peace of mind. Then, we may be available for overtime for AU$ 125 per commenced hour.

1.3. Cancellation Policy

Cancellations are only accepted in written. Full refunds are available for cancellations one (1) week prior to the booked Service. For cancellations closer than one (1) week to the booked Service, SkyReefPhoto reserves the right to retain the booking deposit.

Uncommunicated absence of the Client during the booked Service is treated as late cancellation and no refund will be provided.

1.4. Prices

SkyReefPhoto accepts wired bank transfer, PayPal, Apple Pay and cash payment. Prices, specifications, availability and terms of offers may change without notice.

Despite our best efforts and proof reading, pricing or typography errors may occur. Correct pricing is validated and confirmed at the time your order is placed and processed. All prices are given in Australian Dollars (AU$).

1.5. Copyright

SkyReefPhoto owns and retains full Copyright of all taken photographs and videos, further referred to as Media.

All Media are provided to the Client under a non-exclusive, not time-limited private licence or non-exclusive, not time-limited commercial licence.

The Client may copy, alter and print the Media. Usage on social media is permitted when acknowledging SkyReefPhoto in form of @skyreefphoto, www.skyreefphoto.com, or SkyReefPhoto.

Any sale, commercial use or participation in contests is prohibited without written approval by SkyReefPhoto or purchased commercial licence.

Providing photographs directly to commercial third parties (e.g. vendors, artists, venue owners, stylists, employees, etc.) for any type of use (e.g. their social media site) or providing them to Magazines, Newspapers, Blogs, Websites, etc. is a copyright breach. The Client must refer third parties back to SkyReefPhoto for written permission. Penalties for both parties may apply.

The copyright agreement will commence once this document has been signed and all relevant payments have been made in full. There is no expiry to this agreement.

2. Terms during a Service

2.1. Schedule

When booking a Service provided by SkyReefPhoto, the Client will be asked to provide an estimate when and where the photo shooting may be conducted. Please do not hesitate to contact SkyReefPhoto if you require assistance in selecting a location or time. Please refer to section 8 for more details.

For events and weddings, it is the responsibility of the Client to provide SkyReefPhoto with a precise schedule for the entire event no later than two (2) days prior to the Service. This guarantees that all precious moments can be photographed. SkyReefPhoto is not responsible for any omissions, non-communicated changes or unforeseeable changes (e.g. traffic jam, road closure, etc.) to the schedule that result in us not being able to carry out our duties.

For full-day events / weddings, meals and at least 2 Litres of water must be provided to the photographer. Ideally, meals should be provided at the same time with the majority of guests / bridal party to avoid the possibility of missing any valuable moments.

2.2. Coverage

Every effort will be made to capture as many moments during the shooting as humanly possible. However, it is not possible to capture absolutely everything, particularly during events and weddings, due to their ever-changing nature. If you have suggestions or desires for photos to be captured (e.g. pictures with certain persons), please provide SkyReefPhoto with a list prior to the shooting and we will try our best to capture all requested pictures. SkyReefPhoto is not obligated to satisfy this list and cannot be held responsible for any missing person(s) in any (i.e. group) photographs.

2.3. Limitations and Permits

Please note that SkyReefPhoto is governed by the restrictions imposed by venues (e.g. churches or restaurants). In some cases, venues restrict the movement of photographers, the use of flash or in extreme cases prevent the taking of photographs at all. It is the responsibility of the Client to check if any limitations exist and to arrange bookings, permits and payments if necessary. SkyReefPhoto cannot be held responsible for any lack of photographs delivered due to these restrictions.

2.4. Responsibility

Any directions issued by the photographer to Clients or any attending persons (i.e. guests, employees, customers, etc.) during a Service are deemed to be at said person’s own risk. The photographer and SkyReefPhoto cannot be held responsible for any personal accidents or incidents incurred.

2.5. Cooperation

All representatives of SkyReefPhoto must be respected during all communications, including but not limited to email and telephone communication, in person and prior, during and after the provided Service. The Client is furthermore responsible for the conduct of any attending persons (i.e. guests, employees, customers, etc.) of the Service. SkyReefPhoto will not tolerate excessive verbally or physically abusive behaviour. Every effort will be made by SkyReefPhoto to resolve any conflicts in a professional manner. However, if the misconduct by the Client, guest, employees, customers or attending person(s) reaches an unacceptable degree, or if the equipment of the photographer is damaged in any form, it will result in the early or immediate departure of the photographer. The Client understands that in such an event no refunds or compensations will be granted and only unprocessed JPEG images until the time when the photographer left will be provided.

2.6. Exclusivity

The Client acknowledges that SkyReefPhoto is serving as the sole and exclusive professional photographer, unless otherwise discussed, and that we retain the right to discontinue Services, without refund or compensation, should other (professional or amateur) photographers impede our ability to perform our Services in full.

2.7. Attendance

The Client acknowledges that SkyReefPhoto is a one-man photography business. In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances (e.g. serious injury), SkyReefPhoto and the Client will either work together to find a photographer to cover your event, reschedule the shooting or provide a complete refund. No compensations will be paid.

SkyReefPhoto is not responsible for any failure or delay in providing Services (e.g. attending photo shootings, providing images) due to any events and implications beyond our reasonable control, including but not limited to labour disputes, strikes, government regulations, restrictions, war, civil commotion, or elements of nature (i.e. fire, flood, earthquake, storm, cyclones, virus outbreaks or other casualty).

3. Image Processing

3.1. Style

The Client acknowledges that our work is continually evolving and is of a unique and artistic nature. Furthermore, the Client acknowledges that the photos taken may be different from those taken in the past and that SkyReefPhoto will use their expertise and artistic judgement to create images consistent with their vision.

3.2. Image Style & Editing

SkyReefPhoto is using years of experience to create professional and stunning images. Digital development with latest software is used to enhance the final products. To achieve and hold a constant quality, SkyReefPhoto is using different “Styles”, which encompass colour grading, exposure compensation and much more. Retouching images may also involve minor removal of distractions (e.g. reflections, dust particles, etc.) to enhance the final product. Under no circumstances will SkyReefPhoto perform advanced editing / retouching, such as individual removal of objects, persons, body markings, etc.

3.3. Delivery of Media

Following the Service, the Media will be developed and enhanced using the techniques described in section 3.2. We are aiming to develop all images within one (1) week following the Service. However, depending on the number of captured Media, this process might take up to two (2) weeks.

Once all Media are ready for delivery, a sneak peek will be digitally provided to the Client along with the final invoice. As soon as all outstanding payments have been made in full. The images will be digitally sent to the Client via a fast online service. We also offer a personal pick up option. In this case, a USB drive can be purchased from SkyReefPhoto for additional AU$ 10. Due to security reasons, we cannot accept any USB flash-drives provided by the Client. Postage of Media is not available. RAW/DNG files are never released under any circumstances.

3.4. Storage of Images

All final JPEG images are retained by us for a maximum of one year. After this date, all package inclusions will become null and void. RAW/DNG images are not retained by SkyReefPhoto, only final edited JPEG files.

4. Drone Operation

All drone operations are performed in conjunction with the rules stipulated by the Civil Aviation Safety Authority (CASA):

NO drone operation in prohibited or restricted areas, such as closer than 5.5 km from manned Restricted areas (Marked in RED) can be reviewed at OpenSky.
Drone operations are permitted within 5.5 km of non-controlled aerodromes (Marked in ORANGE at OpenSky) only if manned aircraft are not operating to or from the aerodrome. Drone operations will be aborted if manned aircraft is entering the area (Permitted with written approval).
NO drone operation over an area affecting public safety or where emergency operations are underway (Permitted with written approval).
NO drone operation higher than 120 metres above the take-off location.
NO drone operation within 30 metres of persons.
NO drone operation directly above persons.
NO drone operation at night.
NO drone operation outside of visual line-of-sight.
NO drone operation when it is raining.
NO drone operation at wind speeds greater than 35 km/h.
NO drone operation in areas with increased numbers of birds.
NO drone operation that may creates a hazard to persons, aircraft, animals or property.

SkyReefPhoto will evaluate the risks associated with the operation of a drone in a selected area before and during any drone operation. We reserve the right to abort any drone operation before or after take-off, if situations change and a safe operation in accordance with the drone rules stipulated before are not possible anymore. The Client has no right to interfere or question this decision, as SkyReefPhoto values the safety of our Clients and bystanders.

5. General Terms and Conditions

5.1. Legal obligations

By accepting these terms and conditions, you acknowledge that you are at least eighteen (18) years of age. These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the Client and SkyReefPhoto regarding our Service and supersede and replace any prior agreements there might be between the Client and SkyReefPhoto regarding the Service. These Terms may be modified or amended only if the amendment is made in writing and is signed by both parties. Neither party makes any warranties with respect to the use, sale or other transfer of the Media by the other party, and the Client accepts the product “AS IS.” Each party shall hold the other harmless and not liable for any losses, claims, damages, awards, penalties, or injuries of any kind incurred by any third party, including reasonable attorney’s fees.

5.2. Broken or Unusable Equipment

The camera equipment in use is creating instantaneous backups on a second storage medium within the camera to reduce chances of data loss. In the unlikely event that technical failure causes the loss of Media or hinder the capture of Media during a Service, SkyReefPhoto can reshoot at no charge or provide a full refund, but no compensations will be paid. Following a Service, we are immediately backing up all captured Media. If storage media and all backups of the captured Media get stolen, destroyed or become unusable due to technical failure after a Service, SkyReefPhoto cannot provide any final products. In this case, SkyReefPhoto can either reshoot at no charge or provide a full refund, but no compensations will be paid.

5.3. Stolen Equipment during Shootings

In our own interest, we are trying our best to avoid and minimise chances of robbery of any equipment. If any equipment that contains storage media was stolen during a Service (i.e. before external backups could be created), SkyReefPhoto is unable to provide any products unless the equipment including storage media are returned safely. No refunds or compensations will be granted.

5.4. Website and Terms Changes

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

We reserve the right to modify or replace these Terms at any time. You are advised to review the Terms and Conditions periodically for any changes. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

6. Online Service Terms and Conditions

6.1. Copyright of Online Media

Media (i.e. images and videos) may not be downloaded, reproduced, copied or projected without written approval by SkyReefPhoto or purchased licence.

Unless otherwise stated, SkyReefPhoto owns the intellectual property rights for all media (e.g. images, videos, etc.) on SkyReefPhoto. All intellectual property rights are reserved and the use of any material for any purpose, without the prior permission of SkyReefPhoto is a breach of law and may result in legal action.

Without written permission by SkyReefPhoto or purchased licence you must not:

Republish or redistribute material
Sell, rent or sub-license material
Print, reproduce, duplicate or copy material

6.2. Cookies

We employ the use of cookies. By using SkyReefPhoto’s website you consent to the use of cookies in accordance with SkyReefPhoto’s privacy policy. Our website uses cookies to enable the retrieval of user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

6.3. Links to other Websites

Our Service may contain links to other sites that are not operated by us (e.g. Facebook, Twitter, Google, etc.). If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy and Terms and Conditions of every site you visit. SkyReefPhoto has no control over and assume no responsibility for the content, Privacy Policies, Terms and Conditions or practices of any third-party sites or services. You acknowledge and agree that SkyReefPhoto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

6.4. Embedded content from other Websites

This website may feature embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. SkyReefPhoto has no control over and assume no responsibility for any embedded content and associated cookies and tracking.

6.5. Hyperlinking to our Content

Websites may link to our website to publications or to other website information so long as the link: (a) is not in any way misleading, and (b) the link does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services. If you are interested in linking to our website, you must notify us in writing. No use of SkyReefPhoto’s logo or other artwork will be allowed for linking absent a trademark license agreement. Without prior approval and express written permission, you may not create frames around our webpages or use other techniques that alter in any way the visual presentation or appearance of our website.

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request.

7. Copyright of Online Purchases

7.1. Copyright of Online Purchases for Personal Use

All images are provided to the Client for private and personal use only.

This means that the Client may:

Use purchased material on his electronic devices as background or screensaver
Print and copy purchased material for personal use
Use material in presentations, when citing SkyReefPhoto or Christopher Brunner

The Client may not:

Republish, redistribute or reproduce purchased material
Upload purchased material to the internet, including social media (e.g. Facebook, Twitter, Instagram, etc.)
Sell, rent or sub-license material
Use material in any form of competition
Use purchased material in any commercial way

7.2. Copyright of Online Purchases for Editorial or Commercial Use

All images are provided to the Client for Personal, Editorial and Commercial use.

This means that the Client may:

Use purchased material on his electronic devices as background or screensaver
Print, copy or duplicate purchased material
Use material in presentations, without citing SkyReefPhoto
Republish, redistribute or reproduce purchased material
Upload purchased material to the internet, including social media (e.g. Facebook, Twitter, Instagram, etc.)

The Client may not:

Sell, rent or sub-license purchased material
Use purchased material in any form of competition

8. Shipping and Delivery of Online Orders

8.1. Delivery Fees

SkyReefPhoto is delivering printed products to any location in Australia for a flat rate of AU$14.95. We can also deliver to a PO Box, if the ordered product is not bigger than 1m x 1m in size.

In addition, it is possible to collect your product in Townsville.

Shipping is only available within Australia. SkyReefPhoto does not ship any physical products internationally. Downloadable products require no delivery fee and are available worldwide.

You acknowledge and agree that we are not liable for any cost or expense that you incur as a result of postage or import taxes, if any.

8.2. Delivery Times

Once your order has been payed, we will process your details and place an order with our printing manufacturers. As all orders are produced upon request, the typical delivery time varies between seven (7) and twelve (12) business days. If there are any unexpected delays, we will try to send you an e-mail to notify you.

8.3. Delivery Location

All our couriers have “Authority to leave”. This means, they may leave the item in a safe place. If they do not think it is safe to leave an item, they will leave a calling card, and either deliver your order to the closest post office, or ask you to call then to arrange a suitable delivery date and time.

If you think you will not be home and your post box or address is not secure, please consider sending the delivery directly to a post office. For more information, please refer to Australia Post.

8.4. Put a Delivery on Hold

If you think you might not be at available to receive your produce since you are in vacations, you can notify us immediately after placing your order. We will place your order ON HOLD. This is only possible before your order has been dispatched. When you are ready, you will need to contact us again, to ask us to move your order into PRODUCTION. Delivery lead times only commence once an order moves in Production.

8.5. Delivery Tracking and Insurance

All sent products are insured and trackable once dispatched.

Please ensure you provide the correct delivery address as goods which are returned as undeliverable will incur a AU$20 re-dispatch fee. If you provide a wrong delivery address and the goods are not returned to us you will need to place a new order. In this case, charges of the original order are non-refundable.

Freight charges are under no circumstances refundable.

As we utilise third party courier companies to deliver your order we cannot be held responsible for any damages, extended delivery time or loss to products. We will pursue the delivery service and lodge a formal investigation if your package has not arrived within the online tracking time frame. We will ensure all avenues and effort is made to the best of our ability to find and deliver your products, however no refund or compensation will be made. It is our sole discretion whether to provide a replacement product.

8.6. Prices and Specifications

Prices, specifications, availability, coupon codes and terms of offers may change without notice. Despite our best efforts and proof reading, pricing or typography errors may occur. Correct pricing is validated and confirmed at the time your order is placed and processed.

All prices are given in Australian Dollars (AU$).

9. Cancellation and Return Policy of Online Orders

9.1. Cancellation Policy

Unless there are prevailing exceptional circumstances, once an order has been placed and lodged with our printing Manufacturer, cancellations will incur a fee of up to 100% of payments made.

9.2. What can be Returned or Replaced?

Only physical products, such as canvas prints, may be returned or replaced. Downloadable products are exempt from any return or replacement.

The utmost care is taken with all orders and each is dealt with on a case by case basis. Sometimes however, accidents or errors may occur. SkyReefPhoto must be notified of faulty, damaged, incorrect or missing products as soon as possible following your order being delivered, but no later than fourteen (14) days after delivery. If you are in any way unsatisfied with your purchase from SkyReefPhoto, please contact us immediately and include a photo with a brief description of the issue. A replacement may be issued only upon confirmation by the Manufacturer team and only as defined below.

9.3. Replacement of Physical Products

As our products are highly personalised and printed to order, we can only offer a replacement or credit in the following circumstances:

Replacement – Manufacturing defect
Replacement – Item lost in transit
Replacement – Shipping damage
Credit – SkyReefPhoto or Manufacturer IT system error
Credit – Customer Service or Designer error

You have the right to ask for a replacement or refund under Australian Consumer Law for products and services. However, the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.

Under Australian Law, we only offer a monetary refund if you experience a major problem with the product, which is defined as:

it has a problem that would have stopped someone from buying it if they’d known about it
it is unsafe
it is significantly different from the sample or description
it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.

Under Australian Consumer Law, you may seek compensation for damages and losses you suffer due to a problem with a product if we could have reasonably foreseen the problem. This is in addition to your replacement or refund. We are not required to pay for damages or losses that:

are not caused by our conduct, or our products
relate to something independent of our business, after the goods leave our control

10. Contact

Please contact SkyReefPhoto if you have any queries or complaints about our Terms and Conditions.

Owner: Christopher Brunner

ABN: 22 482 802 168

11. Other Policies

Please also read our Privacy Policy.