Terms & Conditions
Tame & Wild Studio is a registered business ABN 98 186 238 160
You may buy goods offered online by us by completing the order form available on our website. To buy goods via our website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
You must register with our website to be able to make purchases from our online store. Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us, at our discretion.
We may provide special offers in relation to our goods from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to goods you ordered in good faith in accordance with these Terms before the special offer was terminated.
All prices are in Australian dollars. Prices include GST unless indicated otherwise and include postage within Australia and internationally. All prices are subject to change without notice.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on receipt of your order. For pre-ordered goods, delivery will commence once the item has been released for sale. For goods in stock, delivery will commence once payment has been processed/validated. We accept payment by Visa, MasterCard and American Express. Credit card details are not stored by us.
Large transactions will require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.
All goods are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged. If you order goods and some are not in stock, you agree that we may fill that part of your order for which stock is available.
Limitation of liability
To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of goods or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to goods and services supplied by us.
Notices to you
We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.
You acknowledge and agree that we are excused from performing our supply and other obligations and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control. We will endeavour to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to goods ordered via the website after the alteration takes effect.
These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention 1980) does not apply.
Entry is open only to persons eighteen years of age and over, who have not won a competition, prize or promotional item, with Tame & Wild Studio in the last twelve months.
To enter, completed original entries must be received by the end of the promotion date. Late entries will not be accepted. Entry forms which are not properly completed will be considered invalid entries. Contestants may enter once only.
Prize winners will be notified by email or phone.
Prizes cannot be used in conjunction with any other offer or promotion.
The major prize winner will be the first valid entry drawn on the day of the draw. The First Prize is valid for a period of 1 month from the date of draw. Runners up prizes are valid for three months and the expiry date is printed on the Gift Certificate.
All prizes are for domestic portraiture and cannot be used for commercial photography.
Prizes are not transferable, exchangeable or redeemable in whole or in part for any cash equivalent.
Tame & Wild Studio Terms & Conditions | Version 1.0 | August 2016
Tame & Wild Studio ABN 98 186 238 160 is committed to managing your personal information openly and transparently and to keeping your personal information safe. We will take all necessary measures to fulfil this commitment, including to:
- comply with the Australian Privacy Principles ("APPs");
- ensure that we manage your personal information openly and transparently;
- only collect personal information from you that we need in order to offer you the best possible service and customer experience;
- tell you how we might use your personal information;
- let you know if we need to disclose your personal information to anyone else (including anyone overseas) and if so, in what circumstances this might occur;
- keep your personal information secure;
- promptly respond to any request by you not to receive direct marketing material from us;
- make sure your personal information is kept accurate and up to date and to properly dispose of any personal information which is no longer required by us; and
- ensure that, where appropriate, you can access and correct your personal information.
About this Policy
This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage your personal information, to protect your privacy and to comply with the Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 ("Act") and the Australian Privacy Principles.
References to "our", "us" and "we" in this policy are references to Tame & Wild Studio ABN 98 186 238 160 and its related entities.
www.tameandwildstudio.com ("Website") is owned and administered by Tame & Wild Studio ABN 98 186 238 160
This policy gives a broad overview of our policies in relation to privacy but if you require further information, you are welcome to contact us or to read any of the privacy statements or notices that will be issued to you as and when personal information is collected.
What sorts of personal information do we collect?
We will only collect from you information that is necessary and relevant to our relationship with you, including to enable us to provide to you the best possible service and customer experience. Personal Information is also collected when individuals provide documentation to us containing such Personal Information, including completion of the Photography Agreement. Personal Information also includes information we collect in the course of providing services to individuals and external communications.
Depending on the exact nature of our relationship with you, we may request that you provide some or all of the following information:
- information that we may require to initially identify you, including your name, home address and your date of birth;
- information that we can use to contact you, including your telephone number, mobile number, email address, work address, mailing address;
- information that may assist us to confirm your financial position or credit history when you are considering a credit arrangement, including your credit card details, bank details, purchase history or transaction details and loan and credit information where finance arrangements apply.
It would be very unusual for us to need to collect all or even most of the above information from you however the information we will require will depend on the specific service or services that we are providing to you. We will only collect personal information from you that we reasonably require in order to satisfactorily perform the services that you require from us.
The Act places restrictions on us collecting sensitive information about you (which includes information about your religion, political views, ethnicity, criminal records, health records and sexual preferences). Generally we will not collect this type of information , however we may need to collect some sensitive information if you are applying for a job with us, and you have provided us with your consent to do so.
Why do we require your personal information?
There are various reasons why we might need to collect, hold, use or disclose your personal information and this will depend upon the specific services that we are providing to you but we will tell you the main reason for asking for your personal information at the time when we ask you to provide it.
Usually, the main reason that we will need to collect your personal information will be relating to a service that we are providing to you or are about to provide to you and for contacting you in relation to those services.
Our main services include the photography of pets and wildlife followed by the sale and delivery of artwork; providing a forum for product and service reviews and feedback; providing information and responding to queries in relation to our goods and services; facilitating competitions; facilitating online chat; coordinating the provision of credit; processing of warranties and coordinating the installation of goods.
We may also use your personal information for other reasons, including:
- to contact you in relation to an event, special offer or product that you might be interested in;
- preventing fraud and other criminal activities;
- to assist us to run our business and to improve our services and performance, including staff training, accounting, risk management, record keeping, archiving, systems development, developing new products and services and undertaking planning, research and statistical analysis; and
- to comply with our legal obligations.
- there is no obligation for you to provide us with any of your personal information but if you choose not to provide us with your personal information, we may not be able to provide the information, goods or services that you require.
How do we collect your personal information?
The means by which we collect your personal information will depend on the nature of the service that we are providing to you.
We may collect your personal information:
- directly from you, either in person or over the phone;
- when you place an order via the Website;
- when you interact with the Website; or
- from other sources.
We will always collect your personal information directly from you unless it is impracticable to do so. This would usually be done through the Website when you elect to disclose your personal information to us for a particular purpose.
Where we are collecting your personal information, we will remind you of the following at the time of collecting your personal information:
- our details, including our contact details;
- that we are collecting your information and the reasons why we are collecting your information;
- if the collection is required or authorised by law, the details of the law, court or tribunal order;
- what happens if we cannot collect your personal information;
- any third parties to whom we may disclose the personal information;
- how you can access and correct your personal information;
- how you can complain about any breach of the APPs and how we will handle any such complaints; and
- whether your personal information is likely to be disclosed to anyone overseas and if practicable, the countries in which those recipients are located.
Collecting and disclosing personal information about others
Wherever possible, we will collect personal information directly from the relevant individual to whom that information relates.
You represent and warrant to us that where you provide personal information to us about another person:
- you are authorised to provide that information to us;
- you have obtained the express consent of the individual to disclose their personal information to us for its relevant use, including for use in our business and to provide our services;
- you have complied with the APPs in collecting that personal information, including by making all relevant notifications required under APP 5; and
Unsolicited personal information
How do we use or disclose your personal information?
We may use and disclose your personal information for the purposes for which it was collected or for a related purpose such as:
a) to set up and activate your account with Tame & Wild Studio;
b) to consider your request for a product or service;
c) to enable us to provide a product or a service to you;
d) to coordinate delivery of your goods;
e) to facilitate and process your orders and payments;
f) to carry out or respond to your queries or requests;
g) to provide information to you that you have requested;
h) to provide additional information to you as requested by you and to respond to your queries about our products;
i) to facilitate your entry into competitions run through the Website;
j) to facilitate online chat;
k) to any third party suppliers of our goods or services, including third party application owners or licensors;
l) to our third party service providers to assist us in providing and improving our services to you, and to analyse trends in sales and better understand your needs or to develop, improve and market our products and services to you;
m) for regulatory reporting and compliance with our legal obligations;
n) to relevant third parties to undertake fraud checks;
o) to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;
p) to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);
q) to facilitate product reviews and to seek your feedback in relation to particular products, customer satisfaction and our relationship with you and to manage any customer complaints;
r) for use in direct marketing of promotions, products and services that we think might be of interest to you, including to add to a database compiled by us for this purpose;
s) to our third party service providers, for use in direct marketing of promotions, products and services that our third party service providers think may be of interest to you, including to add to a database complied for this purpose;
t) to monitor or improve the quality and standard of service that we provide to you;
u) to consider any concerns or complaints you may raise against us;
v) to our agents, successors and/or assigns;
w) to notify you of offers that may be of interest to you; and
x) to better understand your preferences.
Do we share your personal information with others?
Wherever possible, we will limit the information provided to independent third parties to that information required for those third parties to properly perform their functions. Further, our contracts with these third parties will always require the third parties to comply with the APPs (or equivalent standards).
Do we use your personal information for marketing purposes?
As part of the services that we provide to you, we may:
a) use personal information that we have collected about you to identify a product or service that may benefit you;
b) contact you from time to time to let you know about a product or service that we believe you might be interested in; and
c) disclose your personal information to our related entities, any one or more of the Recipient Parties or to our business partners (including third party facilitators) to enable them to tell you about a product or service that you might be interested in.
Additionally, each direct marketing communication, including all emails and SMS, will include an opt-out or "unsubscribe" option which will immediately indicate to us that you no longer wish to receive materials of this kind. If you make a request not to receive direct marketing communications from us, we will stop sending you these materials.
You may make a request that we do not disclose your personal information to facilitate direct marketing by another organisation and you may request that we provide you with the source of any personal information we use for direct marketing purposes. Any such requests will be actioned within a reasonable period and there will be no charges to you for making, or to you from us actioning, such requests.
How do we store your personal information?
We and our hosting partners have implemented appropriate processes and techniques (including physical security such as locks and security systems and computer and network security, including firewalls and passwords) to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure. In addition, access to your personal information is limited to those who specifically need it to conduct their responsibilities.
We and our third party service providers take all necessary steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from loss, misuse and interference and from unauthorised access, modification or disclosure.
While care is taken to protect your personal information on the Website, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.
Maintaining your personal information
We take reasonable steps to ensure that:
a) the information that we collect about you is accurate, complete and up-to-date at the time of collection;
b) when we use your personal information, it is accurate, up-to-date, complete and accurate at the time of use; and
c) if we disclose your personal information, it is accurate, up-to-date, complete and accurate at the time of disclosure.
Will we disclose your personal information to anyone overseas?
There may be circumstances where we need to disclose personal information that we hold about you to a third party overseas ("Overseas Recipients"). This may occur, for example, where we have a database or server hosted outside Australia or where you are interacting with an application which is based overseas.
Prior to us disclosing your personal information to an Overseas Recipient, we have an obligation under APP 8.1 to take reasonable steps to ensure that the Overseas Recipient does not breach the APPs in relation to your personal information, as well as an obligation under APP 6 to only disclose your personal information to an Overseas Recipient for the primary purpose for which that personal information was collected (unless an exception applies under APP 6) (the "Overseas Disclosure Obligations").
We will take all reasonable steps to satisfy our Overseas Disclosure Obligations.
The countries to which we are most likely to send your personal information include the United States of America and the United Kingdom.
How can you access your personal information?
Usually we will be able to provide you with access to your personal information upon receipt of your written request, either by email sent to Tame & Wild Studio, at email@example.com or by post sent to Tame & Wild Studio, PO Box 100, Belrose West NSW 2085, and confirmation of your identity.
There are some limited circumstances in which we may not be able to provide you with access to your personal information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.
Where you request access to your personal information, we will respond to any such request within a reasonable period after the request is made and if possible, we will provide you with access to your information in the manner requested by you, if specified. In any event, we will take all reasonable steps to give you access to your information in a way that meets your needs.
If we deny you access to your personal information for any reason, or if we are unable to provide you with access to your information in the manner requested by you, then we will provide you with a written notice confirming;
a) the reason for such refusal; and
b) the procedure to complain about the refusal.
We may recover from you our reasonable costs of supplying you with access to your personal information but we will not charge you for any request you might make to access your information.
How can you seek to correct your personal information?
We do what we can to ensure that the information we hold about you is accurate, complete, up-to-date, relevant and not misleading. To assist us to do this, please ensure that you provide us with correct information at the time you provide it to us and immediately inform us if your details change at any time. If we are concerned that any of your information is inaccurate, incomplete, out-of-date, irrelevant or misleading, or if you request that we correct any of your information, then we will take all reasonable steps to correct the information to ensure that it is accurate, complete, up-to-date, relevant and not misleading in the context of the purpose for which it is held.
If we correct any of your personal information and that information has previously been disclosed to another entity that is required to comply with the APPs, then, upon your request to do so, we will take reasonable steps to notify that other entity of the correction unless such notification is impracticable or unlawful.
If we refuse to correct your personal information following a request by you to do so, then we will provide you with a written notice confirming:
a) the reason for such refusal; and
b) the procedure to complain about the refusal.
If we refuse to correct your personal information following a request by you to do so and you request that we associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading then we will take reasonable steps to associate the statement with the information so that the statement is apparent to users of the information.
We will respond to any requests regarding the correction of your personal information within a reasonable period after the request is made.
We will not charge you for any request to correct your personal information, nor will we pass on to you any costs incurred by us in correcting your personal information or for associating a statement with your personal information.
How to make a complaint about some aspect of our privacy procedures
We are committed to maintaining and protecting your privacy but it is possible that in limited circumstances, mistakes might be made. If you are concerned with the way your personal information has been handled then you are entitled to make a complaint. If you would like to lodge a complaint, please contact us through our Privacy Compliance Officer, whose details are set out below.
Tame & Wild Studio
Postal address: PO Box 100, Belrose West NSW 2085
E-mail address: firstname.lastname@example.org
Phone: +61 408 447 106
If your personal information has not been handled in an appropriate way, we will do our best to remedy your concerns as quickly as possible, including by acknowledging receipt of your complaint within 48 hours and trying to resolve the complaint within 10 working days. Where this is not possible, we will contact you within this period to let you know an anticipated time frame within which your complaint will be resolved.
If your complaint is not satisfactorily resolved, you may approach an external dispute resolution service or apply to the Office of the Australian Information Commissioner ("OAIC") to have the complaint heard and determined.
Protecting your identity
Wherever it is practicable, we will always provide you with the option not to identify yourself when dealing with us. Alternatively, you may elect to use a pseudonym to protect your identity.
Links to other websites
This Website may contain links to websites which are owned or operated by other parties. You should make your own enquiries as to the privacy policies of these parties. We are not responsible for information on, or the privacy practices of, such websites.
Changes to this policy
How can you contact us?
Please find below our contact details. Please do not hesitate to contact us in relation to any privacy-related concerns and we will use our best endeavours to address any such concerns thoroughly and in a timely manner.
If it is practical to do so, you can contact us without identifying yourself. However, if you choose not to identify yourself, it may be more difficult for us to assist you with your enquiry. This will depend on the nature of your enquiry.
Tame & Wild Studio
Postal address: PO Box 100, Belrose West NSW 2085
E-mail address: email@example.com
Phone: +61 408 447 106
Express consent to collection, storage, use and disclosure
In this Photography Agreement, “Images” means the images Tame & Wild Studio takes for you and includes but is not limited to:
a) photographic prints;
b) images displayed on Tame & Wild Studio’s website;
c) digital storage media and memory cards
d) digital files such as jpgs, gifs and all other file formats
1. Studio Session
A Studio Session booking is for up to two pets from the same household. If you wish to add additional pets after you have made your booking, please confirm this with us prior to your Studio Session.
For studio sessions involving one or two pets we welcome two accompanying people and we ask that you be prepared to participate in the session. Your involvement will include assisting Tame & Wild Studio in communicating with your pet and holding toys to get your pet into the right position for the photographer.
For more than two pets, we ask that you bring one person per pet to assist. If you would like more people to attend, please check with us first because too many people will be a distraction to your pet during their Studio Session.
Once we have received your deposit (Studio Session Fees) we will confirm the date and time of the Studio Session.
The Client agrees to comply with the rules and directions of Tame & Wild Studio during the shoot and whilst on Tame & Wild Studio’s premises.
It is the client’s responsibility to ensure that their pet is secure at all times other than when required by Tame & Wild Studio. Dogs are to be on leads and cats/other pets in secure cages.
You may not take your own photographs nor video at the Studio Session.
2. Studio Session Fees
Studio Session Fees are payable with respect to the shoot and are quoted by Tame & Wild on a case by case basis.
Studio Session Fees must be paid in full as a deposit to secure your booking.
If you change your shoot date or time with more than 48 hours notice no Studio Session Fees will be charged and we will refund you the full amount paid.
If you change your shoot date or time with more than 48 hours notice no Studio Session Fees will be charged and we will refund you the full amount paid.
There is no transaction fee for VISA or Mastercard payments however AMEX & Diners Club transactions incur a 2% processing fee
3. Viewing Session
Once we have processed photography taken at the Studio Session, we will contact you to attend a Viewing Session at which you can come and order your preferred Images.
The Viewing Session will be held at 105 Prahran Avenue Davidson unless otherwise agreed.
You acknowledge and agree that we are not required to keep all images on file indefinitely and that you will not be able to place orders for images more than 42 days after your Viewing Session.
4. Image Fees - ordering
Image Fees are payable for the Images you order, including the rights Tame & Wild Studio grants you to use such Images. You can choose to pay using one of the following options:
a) FULL UPFRONT PAYMENT – pay in full on the day of the Viewing Session;
b) DEPOSIT – 50% deposit paid on the day of the Viewing Session with the balance paid on the day the Images are collected; or
c) PAYMENT PLAN 40% deposit on paid on the day of the Viewing Session with the balance to be paid as fortnightly or monthly repayments (min $75 per month) until your Images have been paid in full.
All AMEX & Diners Club transactions incur a 2% processing fee.
Any order cancellations need to be made in writing within 3 days of placing your Order (prior to processing /printing), and all deposits made will be forfeited.
We will notify you when your Order is ready to be picked up. If your Order hasn’t been picked up after three weeks a daily interest rate of 2% of the outstanding balance will apply.
Estimated processing time is approximately four weeks from the time of ordering. We will call to let you know when your Order is ready for collection.
If the quality of the Artwork does not meet expectations, the client may receive a replacement Image of the same size free of charge. However, once a client has taken possession of an Artwork Tame & Wild Studio is no longer responsible for its quality.
6. On Location Studio Sessions and other special requests
In the event an on location shoot is required a $1.15 per km travel fee will be charged in addition to an extra charge covering the cost of studio setup and pack down (which will be quoted on a case by case basis).
The client agrees to communicate any special requests that would require pre-planning to Tame & Wild Studio at least one week before the Studio Session and we will use reasonable endeavours to accommodate reasonable requests. Fulfillment of special requests will not be possible if not communicated by 7 days prior to the photo shoot.
7. Copyright and future use of the Images by Tame & Wild Studio
The Client acknowledges and agrees that copyright in the Images vests with Tame & Wild Studio.
The Client agrees that:
a) consents to the use of the client’s (if applicable) and the client’s pet’s name, likeness, voice and biographical material in connection with the Images;
b) Tame & Wild Studio owns and controls all rights in and to Images and including the client’s appearance (if applicable) and the client’s pet’s appearance, and Tame & Wild Studio and its assignees and sublicensees Tame & Wild Studio has the irrevocable and unrestricted right to sell, display, modify and/or publish any of the Images at its discretion (whether or not ordered by the Client). Tame & Wild Studio may exercise those rights in any media worldwide in perpetuity (including but not limited to via print, television broadcast, online, mobile application and social media platforms), without any right of approval by the client nor payment to the client.
c) The client’s appearance (if applicable) and the client’s pet’s appearance in the Images may be edited at Tame & Wild Studio’s discretion;
d) The client may not seek injunctive relief against Tame & Wild Studio nor restrain Tame & Wild Studio from exercising its rights under this Photography Agreement.
8. Permitted use of Images by the client
Subject to receipt of full payment from the client in accordance with the terms of this Agreement, Tame & Wild grants the client a licence to use the Images for your own personal use.
The client agrees it may not:
a) rent, lease, loan, license, sublicense, distribute, transfer, publish, display, disclose, orpermit access to the Images, except to the extent you are explicitly authorized to do so under this Photography Agreement;
b) copy, reproduce, modify, change, alter or update the Images or any part thereof;
c) remove, alter or modify any identifying mark, copyright, or other proprietary notice of Tame & Wild Studio from the Images.
Without limiting the foregoing, the client agrees it will not use nor disclose, sublicense nor transfer the Images for profit or any other commercial purpose, including but not limited to entry into contests, sales to stock photography agencies, publishing, advertising, use on business websites, inclusion in newsletters or other promotional materials, whether for profit or otherwise.
If the client proposes to use the Images beyond their own personal use, any such proposal is subject to Tame & Wild’s prior written approval which Tame & Wild may withhold in its absolute discretion. In the event Tame & Wild agrees to approve any such proposal, such additional use may be subject to additional licence fees.
The client indemnifies and releases Tame & Wild Studio, its directors, officers, employees, contractors and agents with respect to any claim, loss, injury or damage arising from the client’s pet’s actions or behaviour before during or after a shoot by Tame & Wild Studio, or otherwise arising from the exercise of the rights granted in this Photography Agreement (and not caused by the negligence of Tame & Wild Studio, its servants and agents).
10. Limitation of Liability
Tame & Wild Studio will not be liable for nonperformance of Studio Sessions or Viewing Sessions due to photographer's accident, injury, illness, or other circumstance beyond Tame & Wild Studio’s reasonable control. We will use reasonable endeavours to provide you with as much notice as possible should sessions need to be postponed for this reason.
To the maximum extent permitted by law, in no event will Tame & Wild Studio be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Studio Session nor the Images even if Tame & Wild Studio is advised of the possibility of such damages, losses or expenses.
Nothing in these Terms removes or limits any rights that you have under existing laws or regulations and codes, including under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and the various State and Territory fair trading laws, including for example that the services provided under these Terms are provided with due care and skill and the goods are fit for the purpose for which they are supplied and are of merchantable quality.
To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied are expressly excluded. To the maximum extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Tame & Wild’s option to replacement or resupply of goods or services or payment for the same.
11. Image Archival
Any Images ordered will be stored on file in the event replacement Images are required in the future.
13. Governing law
Tame & Wild Studio Photography Agreement | Version 1.1 | January 2017