Terms and Conditions

Effective date: 01 August 2019

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

Your (“client”, “you”, “your”, “visitor”, and “user”) access to and use of the provided Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all who access or use the Service and are subjected to prevailing law of Queensland, Australia. By accessing this website or signing the agreement, you accept these Terms and Conditions in full. Do not continue to use SkyReefPhoto’s website or its services if you do not accept all the Terms and Conditions stated on this page.  Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, 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% booking retainer for any photo shooting to complete the booking. The deposit must be payed no later than one (1) week prior to the shooting. Payment of the remaining balance, including any optionally purchased products (e.g. USB flash drive, etc.), must be payed in full no later than three (3) weeks after the Client has been informed that the products are ready for delivery. Following this time, a surcharge of AU$ 20 will apply every week.

SkyReefPhoto reserves the right to refrain from delivering any images or products until all payments have been made in full.

1.2. Cancellation Policy for Photo Shootings

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 charge the Client the full fee regardless of how much work has been carried out prior to or after the cancellation, including all post processing work which would have been carried out should the service have gone ahead. Uncommunicated absence during the booked photo shooting is treated as cancellation and no refund will be provided. If all fees are not paid within three (3) weeks of cancellation, legal action will be stringently pursued against the Client for breach of this legally binding contract.

1.3. Prices

SkyReefPhoto accepts wired bank transfer, PayPal, ApplePay 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$).

1.4. Copyright

SkyReefPhoto owns and retains full Copyright of all taken “Media”, which includes any images and videos.

All Media are provided to the Client for private and personal use only. This means that the Client is free to print and copy the provided Media. Media may be posted in social media (e.g. Facebook, Twitter, Instagram, etc.) by the Client when acknowledging SkyReefPhoto in form of @skyreefphoto or www.skyreefphoto.com.

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

Providing Media directly to third parties (e.g. vendors, artists, venue owners, stylists, contract photographers, 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.

1.5. Usage of Images by SkyReefPhoto

SkyReefPhoto is respecting the privacy of our Clients. Therefore, the Client can decide in which way SkyReefPhoto may use any captured Media for Marketing, Promotion and Media purposes. This may also include, but is not limited to Film, Television, Online and Print. No pictures of children will be used without written approval of the legal guardian.

2. Terms during Photo Shootings

2.1. Schedule

When booking a photo shooting, the Client is asked to provide a rough estimate when and where the photo shooting may be conducted. Please do not hesitate to contact SkyReefPhoto if you require assistance with creating such a schedule.

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 all events, at least 2 Litre of water (collected during preparation) must be provided to the photographer. For full-day events, meals must be provided to the photographer. Ideally, they should be provided at the same time with the majority of guests / bridal party so as not to interfere with photographing speeches, etc.

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 weddings, due to its 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. Contacts

For all events and weddings, SkyReefPhoto requires the telephone numbers of at least two persons that are familiar with the event schedule (e.g. groomsman). This allows us to react quickly in unforeseen situations.

2.4. 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.

 2.5. Responsibility

Any directions issued to Clients, their guests or employees during a photographic shoot 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.

2.6. 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 guests or other attending persons of the photo shooting. SkyReefPhoto will not tolerate 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 or attending person reaches an unacceptable degree, or if the conduct of the Client, guest or attending person damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event no refunds will be granted and only unprocessed JPEG images until the time when the photographer left will be provided.

2.7. Exclusivity

You acknowledge that you have retained SkyReefPhoto 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 photographers interfere or impede our ability to perform our services in full.

2.8. Attendance

You acknowledge 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, such as serious injury, SkyReefPhoto and the Client will either work together to find a professional photographer to cover your event, reschedule the shooting or provide a complete refund.

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

3. Image Processing

3.1. Style

You acknowledge that our work is continually evolving and is of a unique and artistic nature, 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. Processing Retouched Premium 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. Image Processing

Following the service, the Media will be enhanced using latest software and a sneak peek digitally provided to the Client. This selection will reflect the best of artistic and technical merit as well as telling the story of your event. At this point, the Client may select if they prefer to receive certain images in particular styles, such as faint colours, black & white, etc. The same image in multiple styles can be purchased for AU$ 10 per Retouched Image.

3.4. Delivery of Package Images

Images included in a package and any additionally purchased retouched images will be digitally send to the Client once any relevant invoices have been payed in full. We reserve the right to refrain from delivering any Media or products until all payments have been made in full.

The images will be provided 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 used USB flash-drives.

We are aiming to provide all images within one (1) week following the shooting, including an exclusive sneak peek on the next day. However, depending on the number of captured images, the delivery may take up three (3) weeks. RAW/DNG files are never released under any circumstances.

3.5. 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 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 previously stipulated rules is not possible anymore. The Client has no right to interfere or question this decision. 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 we might have between the Client and SkyReefPhoto regarding the Service.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

5.2. Broken or Unusable Equipment

In the unlikely event that technical failure of storage media causes a loss of all images during a shooting, SkyReefPhoto can either reshoot at no charge or provide a full refund.

Following a photo shooting, we are backing up all captured Media to avoid data loss. If storage media (i.e. SD-cards or computers) and all backups of the captured images get stolen, destroyed or become unusable due to technical failure after a photo shooting, SkyReefPhoto can unfortunately not provide any final products. In this case SkyReefPhoto can either reshoot at no charge or provide a full refund.

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 of the photographer was stolen during a photo shooting, the Client must either replace the stolen item or cover all associated costs to replace the item. SkyReefPhoto will not provide any images until a full compensation has been paid or the stolen item has been replaced or returned.

Furthermore, if storage media (i.e. camera including the storage medium inside) were stolen during a photo shooting, SkyReefPhoto is unable to provide any products unless the camera and storage media are returned safely.

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.