Terms & Conditions
Last Updated: 18 / 02 / 2026
These Terms and Conditions govern the services provided by Rochelle Swift Photography (“Photographer”). By booking a session or engaging services, you (“Client”) agree to the following.
1. Agreement to Terms
These Terms apply to all services including portrait sessions, mini sessions, gift cards, Community Recognition sessions, and associated products.
Nothing in these Terms limits your rights under the Australian Consumer Law.
2. Booking and Payment
A booking is secured upon payment of a non-refundable retainer as specified in the booking agreement.
The retainer compensates the Photographer for reserving the agreed date and declining other bookings.
The remaining balance is due prior to the session date unless otherwise agreed.
Services will not be delivered until payment is received in full.
Community Recognition sessions are exempt from retainer requirements but remain subject to scheduling availability.
Cancellations and Rescheduling
For standard portrait sessions, Clients may reschedule their session up to two (2) times without penalty, provided at least forty-eight (48) hours’ notice is given and subject to availability.
A third reschedule request may incur a reasonable rebooking fee to cover administrative time and calendar holding.
Reschedule requests made with less than forty-eight (48) hours’ notice may be treated as cancellations.
If the Client cancels with less than forty-eight (48) hours’ notice, fails to attend, or is otherwise unable to proceed, the retainer is forfeited.
Where cancellation or short-notice rescheduling occurs due to illness, severe weather, or other reasonable circumstances, the Photographer may, at their discretion, offer flexibility in good faith.
Mini Sessions are fixed-date events and are non-refundable and non-reschedulable due to their limited and time-specific nature. Mini Session bookings may be transferred to another family for the same date and time but cannot be converted to another session type.
Community Recognition sessions may be rescheduled in good faith where reasonable; however, repeated rescheduling may result in forfeiture of the gifted session at the Photographer’s discretion.
If the Photographer cancels (other than due to a Force Majeure Event), the Client may elect to reschedule at no additional cost or receive a full refund.
4. Delivery of Images
Edited digital images will be delivered within the timeframe outlined in the booking confirmation or session description.
Delivery timelines may vary due to workload or unforeseen circumstances.
The Photographer is not responsible for delays caused by third-party providers.
Clients must notify the Photographer of technical issues within seven (7) days of gallery delivery.
5. Copyright & Personal Use Licence
All copyright remains the property of Rochelle Swift Photography.
Clients are granted a perpetual licence for personal use only, including printing, sharing, and personal social media.
Commercial use is not permitted without written consent and a commercial licence.
Clients must not apply filters or edits that misrepresent the Photographer’s work.
6. Promotional Use & Consent
Promotional use of images (including website, portfolio, social media, advertising, or editorial use) requires documented consent.
Consent is:
• Explicit (opt-in)
• Informed
• Voluntary
Clients may decline promotional use without affecting their booking.
Where consent is provided, it applies in accordance with the signed Model Release.
Withdrawal of promotional consent applies prospectively and does not require removal of materials already printed or published prior to withdrawal where lawful.
Community Recognition sessions operate under the same consent standard.
Nothing in this clause overrides copyright ownership.
7. Community Recognition Sessions
Community Recognition sessions are gifted at the Photographer’s discretion and subject to availability.
These sessions are not redeemable for cash, transferable without approval, or exchangeable for other services.
Image use for promotional purposes requires separate written consent and is not a condition of receiving the gifted session.
Selection decisions are final.
8. Client Responsibilities
Clients are responsible for:
• Arriving on time
• Securing necessary permissions
• Ensuring participants are prepared
• Disclosing special requirements
The Photographer prioritises safety and reserves the right to refuse poses or setups deemed unsafe.
9. Child Safety
All sessions involving children are conducted with a parent or legal guardian present.
The Photographer will not undertake unsafe, composite-dependent, or high-risk newborn posing practices.
10. Limitation of Liability
The Photographer will take reasonable care in delivering services.
To the extent permitted by law, liability is limited to the resupply of services or refund of fees paid.
The Photographer is not liable for indirect or consequential loss.
11. Force Majeure
Neither party is liable for failure to perform due to events beyond reasonable control including illness, severe weather, natural disaster, or government restrictions.
If rescheduling is not possible, refunds will be issued excluding the non-refundable retainer (where applicable).
12. Privacy
Personal information is handled in accordance with the Privacy Policy available on the website.
13. Gift Cards
Gift cards are valid for three (3) years from the date of purchase and are non-refundable and not redeemable for cash.
Gift cards may be used toward:
• Photography session fees
• Digital image collections
• Prints, albums, wall art, and products available through the Photographer’s print store
Gift cards may not be used for third-party services or exchanged for cash.
If a gift card is used toward a session booking, standard booking and cancellation policies apply.
If the total purchase exceeds the gift card value, the remaining balance is payable at the time of booking or order.
Any unused balance remains valid until the expiry date.
14. Governing Law
These Terms are governed by the laws of Victoria, Australia.
15. Changes to Terms
Terms may be updated periodically and published on the website with an updated date.
