1. I/we authorize Emily Clare Photography to arrange the photography in accordance with the details below. I/we are satisfied that these details are correct and I/we understand there is a three working day cooling-off period from the date of the signing this contract before the photography is commenced and for any orders placed.
  2. The Booking Fee is not refundable but may be transferable.
  3. I/we have received, read and understand Emily Clare Photography’s price list, which has been confirmed for our assignment on payment of the deposit/ booking fee provided.
  4. The booking of and any additional costs incurred for booking venues, photography locations, additional props etc are our responsibility or may be invoiced unless paid for separately.
  5. The details and times listed here form part of this agreement and I/we agreed to make every effort to cooperate in order for Emily Clare Photography to fulfill its contracted photographic duty. I/we acknowledge Emily Clare Photography cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if I/we chose not to follow the agreed to schedule.
  6. To avoid disruption to the photographic coverage and to allow Emily Clare Photography to fulfill its contracted duty; other photography by family/friends at this time is not permitted.
  7. I/we agree Emily Clare Photography owns the Copyright in all photographs. I/
we give permission to Emily Clare Photography to use any image of our sitting for industry competitions and as required subsequent usage and for reasonable general promotional advertising for Emily Clare Photography. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by us.
  8. As Emily Clare Photography owns the Copyright, I/we agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. I/we will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by Emily Clare Photography.
  9. The negatives/digital files remain the property of Emily Clare Photography and will be kept on file a period of 30 days for re-orders. Regarding re-ordering photographs, I/we also understand:
    1. Orders must be placed within 7 days, otherwise prices current at the time of ordering will apply and I/we will pay all reasonable freight and postage that I/we request
    2. All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with Emily Clare Photography had been made. Telephone orders require written confirmation with payment before the order can be processed.
    3. All orders shall remain the property of Emily Clare Photography until full payment has been made. Orders cannot be separated for collection unless paid for in full.
    4. Should I/we fail to pay and collect any order within fourteen (14) days of notification of completion, the order shall be in default and Emily Clare Photography shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, I/ we acknowledge that no future orders will be processed until the Order is paid in full.
    5. Emily Clare Photography has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitized material and colour dyes, have limited life expectancy, which is minimized when, exposed to strong and prolonged sunlight, heat
or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions.


  1. Should nominated photographer not be available for any reason, Emily Clare Photography will notify the Client of the change as soon as it is known and provide another photographer with equivalent skills.
  2. The price quoted will be guaranteed for seven days otherwise the current price will be confirmed when the deposit on the order is paid. Any additional costs will be advised and confirmation required before proceeding.
  3. As the photographs made by Emily Clare Photography are manufactured with the finest materials currently available, Emily Clare Photography unconditionally guarantees them. Emily Clare Photography does not take any responsibility for images printed through outsourced services unless referred by Emily Clare Photography.
  4. The negatives/digital files remain the property of Emily Clare Photography and will be kept on file a period of 30 Days.
  5. Emily Clare Photography shall carry out this assignment with due and professional diligence. Elements beyond Emily Clare Photography’s control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/ negatives/digital files in transit between Emily Clare Photography and professional laboratories employed by Emily Clare Photography, loss or damage to film, negatives/ digital files and proofs during processing and developing either by Emily Clare Photography or professional laboratories employed by Emily Clare Photography, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent Emily Clare Photography completing in whole or in part this assignment. In this case Emily Clare Photography shall not be liable for its complete performance of the assignment. It is agreed that the liability of Emily Clare Photography shall be limited to be a refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered.


Cancellations and Postponements – YOUR $100 retainer fee IS NOT REFUNDABLE.  Once your retainer fee is paid your commitment is final. Cancellations must be done 7 DAYS OR MORE prior to your session date or a cancellation fee of $200 will be charged IN ADDITION to your retainer fee.  The $200 penalty fee will be held by Emily Clare Photography for a period of 9 months and may be used as credit towards an alternative session within this valid period ONLY.

If you wish to postpone then you must do so SEVEN days prior to your session.  Only two postponements per one calendar year allowed.  Postponements any earlier to the required notice period will incur in FULL PAYMENT on day of original scheduled and the payment will remain on file for NINE months for the client to return within this period to reschedule.


If you do not attend your photo session without valid prior notice then a $300 penalty fee is payable.  This penalty fee is NOT redeemable for future sessions.


The Client is to arrive ready for the photography session to commence.  Hair and makeup is the full responsibility of The Client.   All outdoor photography sessions will be rescheduled to the next available date with urgency should the session be postponed due to wet weather.


Should your child become sick on the day of your scheduled cake smash session and you are not able to attend then you are responsible for the cost of consumables i.e. helium balloons and cake ($100).  PLEASE NOTE all cakes are delivered fresh the day before your session and MUST be “used” within three days of delivery – therefore it is possible to reschedule and avoid forfeiting your $100 retainer fee.


Please refer to your preparation guide to ensure your baby is content and calm when you arrive at the studio.  ANY personal props or memorabilia have to be shared with The Photographer PRIOR to the session date.  ANY special requests MUST be shared with The Photographer PRIOR to the session date. TWO adults per newborn allowed ONLY – we do not bend this policy.  Siblings are always welcome!  The Client will respect the Photographers right to work within a calm environment without any disruption.



“Great photography is about depth of feeling, not depth of field.”
Peter Adams

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