Terms & Conditions

TRULY TENDER CO.

Photography Terms & Conditions

For the quiet, fleeting, tender moments of life.

ABN: 43 985 507 244
Effective Date: 16 April 2026
Location: Western Australia, Australia

Welcome

Thank you for choosing Truly Tender Co. to capture your special moments.

At Truly Tender Co., I believe in preserving the genuine connections, quiet moments and beautiful details that make your story uniquely yours.

These Terms & Conditions outline the booking process, payment requirements, cancellations, image delivery, copyright, image usage and other important information to ensure a clear and enjoyable photography experience.

By confirming a booking with Truly Tender Co., you acknowledge and agree to these Terms & Conditions.

1. Bookings & Reservations

1.1. All photography sessions are subject to availability and must be confirmed by Truly Tender Co.

1.2. A booking is secured once the client has accepted these Terms & Conditions and paid the required 30% booking retainer.

1.3. The booking retainer is credited towards the total session or collection fee and reserves the agreed booking arrangements.

1.4. Dates and times are not guaranteed until the booking has been confirmed.

1.5. Any changes to the agreed session type, location, participants or services must be discussed and approved in advance. Additional charges may apply where additional services are requested.

2. Payments & Booking Retainer

2.1. A booking retainer of 30% of the total agreed photography package price is required to secure a booking.

2.2. The remaining 70% balance must be paid in full no later than 7 calendar days before the scheduled photography session.

2.3. For bookings made within 7 calendar days of the session date, full payment is required at the time of booking.

2.4. For the From Bump to Baby collection, which includes a maternity session and a newborn session, a 30% retainer secures the package booking. The remaining 70% must be paid no later than 7 calendar days before the first scheduled session. Both sessions are therefore paid for before the maternity session takes place.

2.5. Payments may be made using the payment methods provided on the invoice.

2.6. The booking retainer compensates Truly Tender Co. for reserving the date, initial administration and preparation, and potential loss of other bookings. Any amount retained following cancellation must remain reasonable and consistent with applicable Australian law.

2.7. If payment is not received by the due date, Truly Tender Co. may contact the client to arrange payment and, following reasonable notice, may cancel or reschedule the booking. Any cancellation charges or refunds will be assessed under Section 3.

2.8. Additional digital photographs, full-gallery upgrades, prints, albums, travel or other services not included in the selected package will be quoted separately and require client approval before being charged.

3. Cancellations, Rescheduling & Refunds

Life can be unpredictable, particularly when little ones are involved. Truly Tender Co. understands that plans sometimes need to change and aims to handle these situations fairly.

3.1. Client Cancellations

14 or more days before the session

• Clients may cancel their booking by providing written notice.
• Payments above the booking retainer will be refunded.
• The booking retainer may be retained to cover reasonable booking-related costs and losses, with any excess refunded.

7–13 days before the session

• Clients may request one complimentary reschedule, subject to availability.
• Where a client chooses to cancel rather than reschedule, Truly Tender Co. may retain reasonable costs and losses arising from the cancellation.
• Any remaining balance will be refunded.

Less than 7 days before the session

• Cancellation may result in the retention of some or all payments, limited to reasonable costs and losses arising from the cancellation.
• Truly Tender Co. will consider whether the date can be rebooked, any expenses saved and the work already completed when determining the amount retained.
• Any amount exceeding those reasonable costs and losses will be refunded.

3.2. Rescheduling

3.2.1. One complimentary reschedule is available where at least 7 days’ notice is provided, subject to availability.

3.2.2. Rescheduled sessions should take place within 3 months of the original session date unless otherwise agreed.

3.2.3. Further client-requested changes may incur an administration fee, disclosed and agreed before the change is made, reflecting reasonable additional costs.

3.2.4. Requests made within 7 days will be considered individually, particularly in circumstances involving illness, pregnancy complications or family emergencies.

3.2.5. If a client does not attend a confirmed session without notice, reasonable costs and losses associated with the missed appointment may be deducted from payments received.

3.3. Photographer Cancellations

3.3.1. In the unlikely event that Truly Tender Co. must cancel a session due to illness, emergency or circumstances within its control, the client will be offered an alternative suitable date or an appropriate refund or remedy in accordance with Australian Consumer Law.

3.3.2. If the photographer is unable to complete a session due to circumstances beyond reasonable control, the parties will discuss a suitable reschedule, refund or other appropriate remedy, taking into account applicable legal rights.

3.3.3. Nothing in this cancellation policy limits the client’s rights under Australian Consumer Law.

3.4. From Bump to Baby — Two-Session Bookings

3.4.1. The From Bump to Baby collection includes two separate photography sessions: one maternity session and one newborn session.

3.4.2. The maternity session will be scheduled for an agreed date. The newborn session will be scheduled in consultation with the client following the baby’s arrival, taking into account the baby’s health, family circumstances and photographer availability.

3.4.3. Clients are encouraged to notify Truly Tender Co. as soon as reasonably possible following their baby’s arrival to arrange the newborn session.

3.4.4. Reasonable flexibility will be offered where birth dates, medical circumstances or recovery needs affect the anticipated newborn session date.

3.4.5. Where a client cancels the entire collection before either session has taken place, the cancellation provisions in Section 3.1 will apply.

3.4.6. Where the maternity session has been completed but the newborn session is subsequently cancelled, Truly Tender Co. may retain the reasonable value of services already supplied and any reasonable cancellation-related costs or losses. The remaining amount, if any, will be refunded in accordance with applicable law.

3.4.7. The package discount does not automatically entitle Truly Tender Co. to charge the full standalone price of a completed session following cancellation. Any adjustment must be reasonable and consistent with the agreed booking terms and applicable consumer rights.

3.4.8. If Truly Tender Co. cannot provide the remaining session, an appropriate alternative arrangement or refund for services not supplied will be offered, subject to Australian Consumer Law.

4. Weather & Outdoor Sessions

4.1. Outdoor sessions are subject to suitable weather and environmental conditions.

4.2. Where weather conditions may affect the safety, comfort or quality of the session, Truly Tender Co. may recommend rescheduling or an agreed alternative location.

4.3. Decisions regarding unsafe weather, including extreme heat, storms, heavy rain or hazardous conditions, will prioritise the safety of everyone involved.

4.4. Weather-related rescheduling initiated by Truly Tender Co. will not incur an additional rescheduling fee.

4.5. If no suitable alternative can be agreed, any cancellation or refund will be handled fairly in accordance with the circumstances and applicable law.

5. Session Attendance & Client Responsibilities

5.1. Clients are requested to arrive on time and ready for their scheduled session.

5.2. Late arrival may reduce the available photography time where other bookings or commitments prevent an extension.

5.3. Sessions cannot always be extended due to late arrival, and additional photography time is not guaranteed.

5.4. Clients are responsible for ensuring all participants are appropriately dressed and prepared.

5.5. Parents or guardians remain responsible for supervising children throughout the session.

5.6. Clients must disclose relevant accessibility requirements, safety concerns or location restrictions before the session where these may affect photography arrangements.

5.7. Truly Tender Co. reserves the right to pause or discontinue a session where unsafe, threatening or inappropriate behaviour occurs. Any payment adjustment will reflect services provided, reasonable costs and applicable consumer rights.

6. Newborn, Baby & Family Photography

6.1. Truly Tender Co. recognises that babies and children have their own needs, moods and routines.

6.2. Reasonable time will be allowed for feeding, settling, comforting and attending to children’s needs within the booked session.

6.3. Specific poses, expressions, cooperation or participation cannot be guaranteed.

6.4. The comfort and safety of babies and children will always take priority over achieving a particular photograph.

6.5. Parents or guardians must remain present and available during sessions involving minors unless otherwise expressly agreed.

6.6. Truly Tender Co. will not undertake any pose or setup considered unsafe for a child or other participant.

7. Artistic Style & Creative Direction

7.1. By booking Truly Tender Co., clients acknowledge that they have reviewed and are comfortable with the photographer’s portfolio, editing style and artistic approach.

7.2. Truly Tender Co. retains creative discretion over composition, lighting, posing, locations, image selection and editing, consistent with the agreed services and demonstrated portfolio style.

7.3. While client preferences and inspiration are welcomed, exact replication of specific images cannot be guaranteed.

7.4. Final images will be professionally edited in the signature Truly Tender Co. style.

7.5. Extensive retouching, body alterations, object removal or editing outside the standard process may incur additional fees, subject to prior agreement.

7.6. Unedited photographs and RAW files are not included in standard photography packages and will not ordinarily be supplied.

7.7. Any requests for additional editing or alterations must be discussed with Truly Tender Co. and may be subject to additional fees.

7.8. Alterations to Final Images

All photographs delivered by Truly Tender Co. are professionally edited to reflect the photographer’s signature artistic style.

Clients agree not to alter, re-edit or modify the finished photographs without prior written permission from Truly Tender Co.

This includes, but is not limited to:

• Applying social media filters, presets or colour adjustments.
• Converting colour photographs to black and white, sepia or other colour treatments.
• Adjusting exposure, contrast, saturation, skin tones or other editing elements.
• Using third-party editing applications or AI tools to modify the finished photographs.

Clients wishing to obtain alternative edits, including black-and-white versions, are encouraged to contact Truly Tender Co. to discuss their request.

These restrictions form part of the personal-use licence granted under Section 9 and help preserve the artistic integrity and professional presentation of Truly Tender Co.’s photography.

8. Photography Collections, Image Selection & Delivery

8.1. Photography Collections

Truly Tender Co. offers the following standard photography collections, subject to availability and the inclusions confirmed at booking.

The Little Moments — $350

• 30-minute photography session.
• 10 professionally edited digital images.
• Private online gallery.

The Tender Story — $500

• 60-minute photography session.
• 25 professionally edited digital images.
• Private online gallery.

The Whole Heart — $700

• Up to 90-minute photography session.
• Full edited digital gallery.
• Private online gallery.

From Bump to Baby — $1,000

• One maternity photography session.
• One newborn photography session.
• Full edited digital galleries from both sessions.
• Private online gallery delivery.

The From Bump to Baby collection includes two separate sessions and is subject to the additional booking and cancellation arrangements in Sections 2 and 3.

8.2. Additional Digital Photographs

Where additional edited photographs are available for purchase, the following standard prices apply:

8.2.1. Additional digital images are selected from photographs available in the client’s session gallery.

8.2.2. The full-gallery upgrade is available for The Little Moments and The Tender Story collections only.

8.2.3. A full-gallery upgrade includes all photographs selected by Truly Tender Co. as suitable for final delivery. It does not include every photograph captured during the session, duplicates, test images, rejected photographs or RAW files.

8.2.4. Additional digital purchases and gallery upgrades do not include additional photography time.

8.2.5. All additional digital photographs are supplied in the signature Truly Tender Co. editing style.

8.2.6. Additional purchases must be approved and paid for before the relevant additional images are released.

8.3. Image Selection & Editing

8.3.1. The number of final edited images included will be specified in the selected photography collection.

8.3.2. Truly Tender Co. will select photographs for final delivery based on technical quality, expression, composition and artistic merit.

8.3.3. Images that are duplicates, test shots, technically unsuitable or otherwise below professional standards will generally not be included.

8.3.4. The number of photographs in a full edited gallery may vary depending on the session, participants and photographs captured. No fixed number is guaranteed unless expressly agreed in writing.

8.4. Gallery Delivery & Storage

8.4.1. Final edited galleries will ordinarily be delivered within 3–4 weeks of the relevant photography session, unless a different timeframe is agreed in writing.

8.4.2. For From Bump to Baby, the delivery timeframe applies separately to the maternity and newborn sessions.

8.4.3. Clients will be advised of any significant anticipated delivery delay.

8.4.4. Final photographs will ordinarily be delivered via a private online gallery or secure digital download.

8.4.5. Clients are responsible for downloading and backing up their photographs after delivery.

8.4.6. Online galleries will remain accessible for a minimum of 60 days following delivery. Truly Tender Co. will provide reasonable notice before gallery expiry.

8.4.7. Truly Tender Co. does not guarantee indefinite storage or future retrieval of delivered photographs.

8.4.8. Requests for replacement downloads or gallery reactivation after expiry may incur an administration fee where files remain available.

9. Copyright & Ownership

9.1. The parties expressly agree that Truly Tender Co. retains copyright ownership of all photographs created under the booking, including photographs commissioned for private or domestic purposes, to the extent permitted by Australian law.

9.2. Upon receipt of full payment, the client is granted a perpetual, non-exclusive, worldwide licence to use the delivered photographs for personal, non-commercial purposes, subject to the terms of this agreement.

9.3. Permitted personal uses include:

• Printing photographs for personal display or gifting.
• Sharing photographs with friends and family.
• Posting photographs on personal social media accounts.
• Creating personal photo albums and keepsakes.

9.4. Clients may not sell, license or commercially exploit the photographs, or provide them to third parties for advertising or commercial use, without prior written permission from Truly Tender Co.

9.5. Businesses, vendors, publications or other commercial organisations wishing to use photographs must obtain an appropriate licence.

9.6. Copyright ownership and personal-use licensing are separate from permission for Truly Tender Co. to publicly display identifiable client photographs, which is addressed in Section 10.

10. Image Usage, Portfolio & Marketing

10.1. Truly Tender Co. respects the privacy of its clients and understands that photographs, particularly those featuring babies, children and families, are personal and meaningful.

10.2. Truly Tender Co. may wish to use selected photographs from client sessions to showcase its work, promote its photography services and maintain its professional portfolio.

10.3. Clients will be offered the opportunity to provide separate, optional photography marketing consent at the time of booking. Consent is not a requirement of booking a photography session.

10.4. Where marketing consent has been provided, the client grants Truly Tender Co. permission to select, reproduce, display and publish photographs from their session for the following business purposes:

• Truly Tender Co.’s website and online portfolio.
• Social media platforms, including Instagram, Facebook and other business accounts.
• Organic social media posts, reels, stories and promotional content.
• Paid social media advertisements and online marketing campaigns.
• Printed promotional materials, brochures, business cards and studio displays.
• Photography competitions, exhibitions and professional portfolio submissions.

10.5. This permission applies only to photographs featuring individuals for whom the consenting client has authority to provide permission. For photographs of children, consent must be provided by a parent or legal guardian with the appropriate authority.

10.6. Truly Tender Co. will exercise professional discretion when selecting photographs for publication, with consideration for client privacy, dignity and the sensitive nature of maternity, newborn and family photography.

10.7. Photographs will not be sold, licensed or provided to unrelated third parties for their independent commercial advertising without additional written permission.

10.8. Client names, children’s names, personal contact information and other identifying details will not be published alongside photographs without separate permission.

10.9. Clients who provide general marketing consent understand that Truly Tender Co. is not required to seek individual approval before publishing each selected photograph within the agreed marketing purposes.

10.10. Clients may withdraw their marketing consent at any time by contacting Truly Tender Co. in writing. Following withdrawal, Truly Tender Co. will cease new promotional use and take reasonable steps to remove the photographs from marketing channels under its control.

10.11. Clients acknowledge that content already shared, printed, distributed or reposted by third parties may not be fully retrievable.

10.12. Where marketing consent is declined, Truly Tender Co. will not publicly use identifiable photographs from the session for promotional purposes without subsequently obtaining express permission.

10.13. Marketing consent does not transfer copyright ownership or affect the client’s personal-use licence under Section 9.

11. Client Sharing & Image Integrity

11.1. Clients are welcome and encouraged to share their delivered photographs on personal social media accounts.

11.2. Credit to Truly Tender Co. or its official social media account is always appreciated when sharing, although not required for ordinary personal sharing.

11.3. Clients may share their finished photographs on personal social media accounts, provided the images remain in their professionally edited form.

As outlined in Section 7.8, clients must not apply filters, convert images to black and white, re-edit or otherwise alter the finished photographs without prior written permission from Truly Tender Co.

Where a different edit is desired, clients are encouraged to contact Truly Tender Co. to discuss available options.

11.4. Any commercial editing, reproduction, publication or use outside the personal-use licence requires prior written permission.

12. Privacy & Personal Information

12.1. Truly Tender Co. collects personal information reasonably necessary to manage enquiries, bookings, communicate with clients, provide photography services and deliver images.

12.2. Information may include names, contact details, session preferences, photographs and relevant booking information.

12.3. Personal information will be handled with reasonable security measures and in accordance with applicable Australian privacy laws.

12.4. Personal information will not be sold to unrelated third parties.

12.5. Trusted service providers, including website hosting, gallery hosting, payment processing and editing platforms, may receive information where reasonably necessary to deliver the agreed services.

12.6. Clients may contact Truly Tender Co. to request access to or correction of their personal information, subject to applicable legal requirements.

12.7. Further information about the collection, use, storage and disclosure of personal information is provided in Truly Tender Co.’s Privacy Policy.

13. Locations, Travel & Additional Expenses

13.1. The agreed photography collection will specify any included travel area or location arrangements.

13.2. Sessions outside the standard service area may incur additional travel fees.

13.3. Any applicable travel fees will be disclosed and agreed before booking confirmation.

13.4. Clients are responsible for obtaining any necessary permissions for privately owned or restricted locations unless otherwise agreed.

13.5. Venue hire, entry fees, permits and other location-related costs will be confirmed before booking and allocated as agreed.

13.6. Where a location becomes unavailable or unsuitable, Truly Tender Co. and the client will work together to identify a reasonable alternative.

14. Equipment Failure, Data Loss & Unexpected Circumstances

14.1. Truly Tender Co. takes reasonable precautions to maintain photography equipment, protect digital files and preserve image quality.

14.2. In the unlikely event of significant equipment malfunction, corruption or loss of photographs, Truly Tender Co. will promptly inform the client and discuss appropriate remedies.

14.3. Depending on the circumstances, remedies may include a replacement session, partial refund, full refund or another remedy required under Australian Consumer Law.

14.4. Truly Tender Co. will take reasonable care and skill in delivering its services but cannot guarantee that technical failures will never occur.

14.5. Nothing in these terms excludes liability or remedies that cannot lawfully be excluded.

15. Prints, Products & Third-Party Printing

15.1. Prints, albums and other physical products are supplied only where included in the selected collection or purchased separately.

15.2. Product specifications, prices and delivery estimates will be provided before purchase.

15.3. Colours and finishes may vary slightly between digital displays and physical prints due to differences in screen calibration, printing equipment and materials.

15.4. Truly Tender Co. cannot guarantee the quality or colour accuracy of prints independently ordered by clients from third-party suppliers.

15.5. Any faults, damage or failure to meet applicable consumer guarantees for products supplied by Truly Tender Co. will be addressed in accordance with Australian Consumer Law.

16. Liability & Safety

16.1. Truly Tender Co. will exercise reasonable care and skill in providing photography services.

16.2. Clients are responsible for following reasonable safety instructions during sessions and supervising children and animals in their care.

16.3. Truly Tender Co. will not require participants to undertake unsafe activities or poses.

16.4. Neither party will be responsible for losses caused solely by the other party’s negligence or misconduct, subject to applicable law.

16.5. Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, legal remedy or liability that cannot lawfully be excluded, restricted or modified.

17. Complaints & Concerns

17.1. Truly Tender Co. is committed to providing a positive client experience.

17.2. Clients are encouraged to raise any concerns about their session or delivered photographs as soon as reasonably possible.

17.3. Where concerns arise, Truly Tender Co. will review the matter and work towards a fair and reasonable resolution.

17.4. Any applicable rights or remedies under Australian Consumer Law remain unaffected.

18. Agreement & Acceptance

18.1. These Terms & Conditions form part of the agreement between Truly Tender Co. and the client, together with the confirmed booking details, collection inclusions and any agreed written variations.

18.2. By signing or electronically accepting this agreement, the client confirms they have had the opportunity to review and understand its terms.

18.3. Any material changes to an existing confirmed booking must be agreed between the parties.

18.4. These Terms & Conditions are governed by the laws applicable in Western Australia and the Commonwealth of Australia.

TRULY TENDER CO.

ABN: 43 985 507 244

For the quiet, fleeting, tender moments of life.