Site and Service Terms
About our agreement with you
Background details
We are looking forward to working with you
We are Sister Scout Studio and we help you be seen and supported through our various photography and community Services. This document sets out how we deliver our Site and our Services to you (Terms).
Sister Scout, we, or us means Sister Scout Studio ABN 26 622 048 017
You, or your means:
Clients, the people and businesses who buy products and Services from us, and
Visitors, the people who visit our Site.
About these Terms
These Terms are our action plan for working together
These Terms are our ‘house rules’ and they apply when you visit our Site or buy our Services.
These Terms apply to everyone who uses our Site or buys our Services, so we’ve tried to make them easy to understand and fair.
If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Sites and you can’t buy our Services.
How these Terms create an agreement with you
Our agreement with you is made up of different parts
Our agreement with you is set out in:
Service specific terms (set out in our Site or agreed separately with you in a Proposal),
these Terms, and
our Privacy Policy and other policies available from our Site.
Together, these make up our agreement with you about how we will work together (Agreement).
If the different parts of this Agreement conflict with each other, the document listed higher in the above list takes priority to the extent of any conflict.
Buying our products and services
Buying from us
Scouts like us like to keep busy, so we have a different types of products and Service that you can buy from us.
When you buy from us, or become our Client, other specific terms may apply as well as these Terms.
For example, specific terms apply to some Services such as how long a photoshoot goes for and the number of locations included in your package. Similarly, branding sessions will have some specific terms that won’t apply when you buy earrings from our online shop (and vice versa!).
Changes to product and Service descriptions
Sometimes we might need to update pricing or descriptions of products and Services.
We might need to cancel your orders if our Site information or products and Services are incorrect.
We try to do this within a reasonable time of realising the error.
If we cancel your order and you have already paid us, you will receive a refund.
We may cancel your order
In some instances, such as product availability or capacity, we may need to cancel an order from time to time.
We try to give you as much notice in the circumstances and we refund payments you have made to us, less any of our reasonable costs for Services we have already provided to you.
Paying for products and Services
Upfront payment for products and Services
For most Services buy from us, you pay for them upfront.
We may give options to pay for Services by installments, we agree this with you in your Proposal.
We send you invoices which you must pay by the due date.
We may also pass on some other expenses to you, which we will invoice you for. We’ll let you know what the expenses will be before we incur them.
For example, reasonable travel expenses if you ask us to attend an exotic location (tropical please!) to take your photos or the cost of postage if you ask us for hard copy prints or digital storage products.
The payment method you choose might have extra conditions from the relevant payment processor (or by your bank, e.g. currency conversions).
Please check the conditions before using your selected payment method.
Booking deposits for larger Projects
For larger Projects and some Services such as photoshoots, you must pay a deposit of 50% to secure your Session date.
Subject to our cancellation and rescheduling policy below, your booking deposit is transferable to another date if you need to reschedule your Project with us.
You must pay our Fees in full.
If you haven’t paid your Fees in full, we may either cancel your boked Session and / or we will not deliver high resolution files to you until we are paid in full.
About our prices
Prices we show on our Site are in AUD (Australian currency) unless we clearly say otherwise and include GST (if it applies).
We might update our prices from time to time. We don’t have to give you notice if we change our pricing.
We won’t start working on your Service or send you any products until you pay (and may stop working if you haven’t paid).
Delivering our Services
Photo editing and other photo shoot issues.
Get comfortable!
We think you look incredible just as you are, no matter what you are wearing!
We do not edit images for blemishes or skin imperfections or makeup mishaps.
We do not edit images for ill-fitting clothing, sunburn, mobile phones, that pile of mess in the corner, that stray charger cable, or any other elements that are not related to the image quality of the photo itself.
RAW Files
Sister Scout Studio will edit and deliver a tasty selection of the best of each of the shots taken during your Session.
This means, we don’t store or save or provide RAW files as part of our standard Services, so you’ll need to ask us for a quote when you book with us if you want access to RAW files.
Safe working environment
We agree that were we arrange for a Location, that we will use our best efforts to ensure it is a safe environment for both of us to perform the Services.
You agree that any Location you select must be safe for us and for you.
We won’t work in any location we reasonably believe to be unsafe.
We may offer alternatives and different ideas to make a location safer.
For example, if you ask us to take photos on a rooftop without appropriate railings or access, or if you ask us to photograph your whole team in an enclosed space without ventilation.
If you insist that we perform our Services an unsafe environment, we reserve the right to end the Project immediately.
In such circumstances, you agree we are not responsible for incomplete Projects or lower quality work, and you must still pay is in full.
Location Location Location
Weather and other issues affecting locations
We aim to deliver our Services to you no matter what the weather or the world in general is doing on the day of your Session. The only exceptions to this are:
Weather or other conditions make it too dangerous for us and / or you to safely enter a Location, or
Location closures caused by forces outside the control of the parties, or
We reasonably believe a location is not safe for us to deliver the Services
If one of these exceptions applies, we’ll work with you to find another location.
For example, if you have your heart set on a particular location, but on the day of your Session, there is a protest march that blocks access, we work with you to find somewhere else, but we don’t have to take photos in an unsafe place or provide more Services or time in your Session.
You agree we are not responsible for any circumstances outside our control that mean we need to change Location for the Services.
Changing the photographer
We know some great substitute scouts!
If illness or other circumstances beyond our control prevent us from being able to attend a Session, we will make a good faith attempt to either:
Reschedule your Session for a different, mutually agreed time, or
Swap in another awesome qualified photographer.
Storing images and replacement Images
We try to keep storage to a minimum
If we kept all the photos we’d ever taken, we would need a bigger studio!
After we deliver your images to you, you are responsible for making sure you download, back up, and otherwise keep the images safe and secure.
We may store images after we have delivered them, but we may also delete them.
You can request additional or replacement images but we might not have them available.
If we do still have the files, we may charge you a fee to retrieve and send the images to you.
Delivering physical products
Physical Products
If you buy physical products from our Sites.
Timeframes for deliveries
We cannot guarantee delivery dates
After your purchase, we may give you an estimated date range for delivery.
Delivery factors are outside our reasonable control and so, delivery timeframes are always an estimate.
Please check details are correct
You are responsible for getting delivery details and other address information correct.
If we follow your instructions and you have given us an incorrect address, we are not responsible for any address errors or re-direct costs.
Product delivery
Risk in products
Risk in products transfers to you after the products leave our (or our partners’) premises for delivery to your nominated delivery address.
Sister Scout risk
Client risk
Check your products when they arrive
We take reasonable care when packaging products for delivery.
If there is an issue with damage during delivery, please let us know promptly.
See Resolving Issues section below for more details.
If you cause a delivery delay, we may charge you extra
In some circumstances, we may charge you Extra Service Charges if extra handling, creative and / or delivery Services are required, including:
You gave us an incorrect or incomplete address and we have to re-deliver an item
If our delivery partners cannot leave your products in a secure place and you are not available to accept products when delivered
We recommend you arrange for delivery to a commercial address where a person will be present during normal business hours.
Cancellation and re-scheduling policy
Changing your Session
Can you cancel or re-schedule your Session?
We know sometimes things happen which mean you might need to reschedule a Session. We try to be as understanding as we can, because trust us, we know all about changes to the best laid plans!
If you need to change a Session timeframe, please let us know as soon as you can. This allows us to offer sessions to other clients and attempt to reschedule your Session.
To discuss your circumstances, please contact us.
Arriving late
If you arrive late, your Session will still end at the scheduled time.
Re-scheduling
What happens if you need to reschedule with less than 14 days notice
You can reschedule your Session at any time up to 14 days before the agreed day and time.
You can try to arrange for someone else to take your Session in your place, and we may also assist with this through our social media (but we don’t have to); and
We can charge you a reasonable rescheduling Fee
If you need to reschedule or cancel a Session within 20 days or less from the Session date:
We charge a $250 rescheduling Fee for Session day/time changes.
We credit your deposit and any other Fees paid towards your rescheduled Session and will let you know of any other changes to our Fees.
Any changes are subject to our availability as well as Location availability.
Cancelling
What happens if you need to cancel with less than 30 days notice
You can cancel your Session at any time up to 30 days before the agreed day and time.
Before this timeframe, we may refund a portion of any deposit you have paid. We may charge a reasonable administrative fee of 10% of the Service Fees.
If you cancel a Session within 30 days or less from a Session date, we may keep the deposit you paid as a reasonable cancellation fee and a genuine pre-estimate of the loss we incurred from blocking out our booking calendar for you, turning away other clients, and the Services and Content we provided to you.
No show
If you don’t show up to your Session (and you haven’t given us the required notice), you are not entitled to a refund and must pay the full Fees and / or we may charge a reasonable cancellation fee.
Using information and Intellectual Property
We both respect each others’ information
Protecting personal information
We handle information you give us in line with our Privacy Policy, available at our Site.
When you buy our Services, you consent to our collection and use of your information in line with these Terms and our other policies, including for marketing purposes (which you can opt out of at any time).
Protecting Confidential Information
We both agree Confidential Information is commercially sensitive and valuable, so that unauthorised disclosure or use of the other’s Confidential Information could cause significant damage.
Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of buying, supplying, or marketing our Services).
Neither of us can use or disclose the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.
Intellectual Property (IP)
We own the Copyright in the photos we take
We own the copyright for all images we create and we have the exclusive right to make reproductions.
How you can use the images we take
After you pay us in full, we grant you a limited license to use the images we take for your own personal and business use only.
For example, once we deliver you your images from a photoshoot, you can use those images to promote your own business, but you can’t then sell them to someone else (such as, to the venue where we took the photos).
Social media
Once you have paid in full, you can share the images on social media platforms or online.
We’d love you to credit us by tagging our social media account: @sisterscout_
You agree that you will not materially edit the images such as by adding filters or adjustments as it creates confusion and misrepresentations about our work.
Model release
Provided we don’t do anything deliberately derogatory or demeaning with the images:
You agree to grant Sister Scout Studio a broad, irrevocable consent to use photographs of you and your team for our own portfolio, Site, and to promote our business, and to register copyrights on the images.
We want you to feel comfortable so please let us know if you have any concerns about us using the photos that we take.
You agree to release us from all liability and claims in connection with the images.
Our Content
As part of the Services we supply, we may include access to some of our own Content.
Your obligations when using our Content
We own or licence all rights (including intellectual property rights) in our Site and all Content.
We don’t guarantee a specific type of Content will be available for a set length of time and some Content is only available on a limited or single-use basis.
We grant you a limited license to make use of our Intellectual Property within our Content to the extent needed for you to use a Service you buy from us.
Unless we give you permission in our agreed Proposal, you must not copy or create derivative, imitative works of our Content or sell or claim ownership to our Content
In addition to being annoyed with you, if you misuse our content, we may take action to protect our rights without further notice to you.
If you have questions or want permission to use Content, let’s talk about scouting together!
Testimonials + content you give to us
If you give feedback about us in a public forum, you give us permission to use that content and related personal information publicly.
For example, we may take a screenshot of a positive Google review or Instagram story and use that material to promote Sister Scout Studio.
If you send us private feedback, you give us permission to use that content anonymously on our Sites. We won’t attach private feedback to you by name without getting your permission first.
If you give permission and later change your mind, let us know and we’ll make reasonable efforts to remove it.
Results and expectations
Results from our Services
We work magic behind the camera, however your results depend on many factors
We cannot guarantee particular kinds of personal or business outcomes from buying our Services.
The results you see including how your photos turn out (and how much you like them!) can depend on many different factors including:
Your preparation for the photoshoot and your understanding of the images you want to capture,
Your willingness to follow our suggestions and recommendations before and during your Session,
The location you select, weather and lighting conditions,
How well you explain your needs and aims to us and others (such as hair and makeup artists),
Accuracy and completeness of information you provide us, and other factors.
For example, we always work with you to try and help you feel relaxed and let your personality shine through, however if you are not ready with a shot list or you feel super tense and unable to get comfortable, your photos might not turn out they way you want.
We use reasonable care + skill
Even our scout skills have limits
We use reasonable care and skill to deliver Services to you, however you agree that we cannot promise our Services will be fault free.
We have a lot of skills but we can’t control everything… this includes weather, wardrobe malfunctions, the hair and makeup artist you might choose to use, and similar problems.
Whilst we take reasonable care, when we create, store, edit, and process Images, due to the nature of technology and other factors, we cannot guarantee that images won’t be lost, stolen, or destroyed for reasons outside our reasonable control.
Whilst we try to plan ahead and around potential problems, if things outside our reasonable control impact on our ability to supply our Services or your ability to enjoy our Services, you agree we are not responsible for impacts on you as a result.
For example, if you organise to get your hair and makeup done for a photoshoot, and you don’t like the result, you’ll need to work with the artist on the day to resolve your concerns. We’ll try to assist where we can however we are not responsible for your hair and makeup.
We rely on information you give us
We supply our Services and related Content in good faith, based on information you give us, and you are responsible for your use of our Services.
For example, if you aren’t prepared with a shot list of images you want to capture so that we don’t take a particular kind of image for you, we’re not responsible for that outcome.
The Sister Scout Hood
The Sister Scout Hood is an online community directory for people doing good things in the world that we make available via our Site.
When you join the Sister Scout Hood, you are subscribing to be part of the directory on a month to month basis.
You can cancel your subscription at any time on your account.
You will remain in the directory until the end of your subscription.
Your subscription will automatically renew each month.
You authorise us to debit the subscription Fees from your credit card every month.
What’s included?
See our Site for the latest and greatest inclusions for Scout Hood directory listings.
Generally, the key inclusions are a photo and listing with links to your website and socials
We might change the perks and inclusions from time to time.
You agree to the Scout Promise
To be part of the Sister Scout Hood, you must agree to the Scout Promise:
Lift up other Scouts and not tear them down
To be a good person who cares for others like they are your own friends
To value community over competition, to live in light of the truth that there's enough work out there for everyone
To do business in the knowledge that we're stronger together
To do my work and deal with others with integrity
We might suspend or remove you
If you fail to uphold the Scout’s Promise or you are in breach of these Terms, we may remove you from our directory listing.
You are responsible for your customers
Whilst we don’t promise you will get work directly through our Sister Scout Hood, we hope that you do!
If you do get work, you are responsible for delivering and resolving customer orders and enquiries.
Using our Site
Use our Site in line with these Terms
Our Site has materials, information, and Content which we spent time and energy crafting.
We are happy for you to access our Site and Content but only if you use them as set out in these Terms.
We grant you a limited licence to use our Site and Content as set out in these Terms.
Any other uses of our Content are not allowed unless we first give you permission in writing.
See our Intellectual Property section for more details.
Our Sites are not intended for children under the age of 13.
Competitors, thanks for stopping by, but our Content and Site isn’t for you
You must not use our Site and Content in a way that competes with our business or breaches our IP rights.
If you want to collaborate or license our Content for your own use, then let's have a chat!
We don’t tolerate bad behaviour on our Sites
When you use our Site and Content, you must not do (or try to do) anything unlawful or which we reasonably think is inappropriate or might damage our reputation.
You must not modify our Site, or knowingly send viruses or other disabling features that may damage or interfere with our Site.
Engaging in this kind of bad behaviour may result in us reporting you to relevant authorities and/or removing your access to our Site and Content without notice.
Security
We have systems & processes to store + manage information, but in general the internet and our Sites may not be 100% secure.
We can close our Site
Closing down our Site or excluding you from our Site
We may, at any time and without notice to you, close our Site or parts of it.
We can exclude anyone from our Site. This will generally be because they engaged in the bad behaviour mentioned above. In other situations, we’ll try to give you reasonable notice of changes to your Site access.
We’re not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Site or close down the Site.
Resolving issues
Let us know if you have an issue
What are your consumer rights if something isn’t right?
Our goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. These Terms do not replace legal rights you have under law.
Let us know about issues promptly, so we can help to fix them.
We might ask you to send us a photo of the issue as well as give us information about what happened, and chat with us.
See ACCC (Aust Competition & Consumer Commission) for more details.
For goods, you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. For a failure that isn’t a major failure, you entitled to have the goods repaired or replaced.
For Services, you may cancel a Service we provide and claim a refund for unconsumed Services if there is a major problem with the Service. Examples of a major problem includes if a Service is:
delivered with an unacceptable level of care and skill; or
unfit for the purpose you asked for; or
not delivered in a reasonable time when we haven’t agreed a specific date; or
unsafe or makes a situation unsafe.
For Services with minor problems, we assist you to have Services fixed.
Additional product warranties
The product or Services you buy from us might come with an additional warranty on top of your rights under Australian Consumer Law.
When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product or Service you have purchased.
Please check product packaging and brochures to see the warranty term and relevant conditions.
Resolving disputes
If a dispute crops up under these Terms, we both agree to act reasonably to resolve it.
If you have an issue with our Services, you’ll need to work with us so we can help resolve that issue.
Contact us via email and include relevant information so we can help.
We confirm we received your complaint within 5 business days and work to investigate and resolve your complaint within 14 days.
If we can’t resolve your issue after this, we will be in touch to set out some proposed next steps.
Delay
How to manage Service delays and problems
If we become aware of anything likely to result in a material delay in or failure to perform any Services, we will let you know promptly.
Things outside our reasonable control
Neither you or we are liable to the other for a delay or failure to perform obligations in this Agreement caused by circumstances outside of reasonable control, other than the payment of money.
Termination + suspension
We might suspend or end this Agreement
We try to discuss and resolve issues with you first, but may suspend or terminate a Service at once if:
You do not pay us undisputed Fees after we have given you reasonable notice to pay; or
You’re in breach of this Agreement and either you can’t fix that breach, or you don’t fix the breach after we give you a reasonable time to fix the breach; or
You fail to give us instructions or complete your obligations within a reasonable time; or
We reasonably consider mutual trust and confidence no longer exist in our relationship with you, or your behaviour is likely to damage our reputation.
When can we suspend or end this Agreement?
Either Client or Sister Scout Studio can end this Agreement on 30 days written notice to the other.
Early termination charges may apply if you end the Agreement during a Project.
Actions after termination or suspension
If we end or suspend a Proposal because of your behaviour or breach of the Terms:
You must pay for Services received up until the Agreement ends.
You are generally not entitled to a refund for the Fees. We may decide to refund a portion of Fees already paid, less reasonable costs we incurred for Services delivered and / or administrative costs; and
You are no longer allowed to use our Content included with our Services.
Paying for losses + limiting liability
Paying us if you cause us loss
To the extent allowed by law, you must pay us for costs we incur caused or contributed to by:
inaccurate or misleading info you give us,
your breach of applicable laws or regulations, or
your use or misuse of Services or our Content.
For example, if you give us an address for your photoshoot, and you get details incorrect, we’re not required to double check that information and we’re not responsible for the outcomes, such as less time during the photoshoot.
Limiting our liability to you
Nothing in these Terms restricts consumer laws that may apply to your purchase of our Services.
To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
Unless we cause loss with our negligence or wilful misconduct, we are not responsible for any loss caused by your use of our Services (or any inability to use a Service).
Where we cannot exclude our liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of re-supplying the relevant Services to you.
General details
Changes
Changes to these Terms
We may change these Terms from time to time, so check over them when you visit or buy from us to make sure you’re still ok with them.
Changes to a Proposal
If we have an agreed Proposal with you, we will agree to changes to that Proposal in writing.
Changes to our Site
We do not promise to keep our Site updated, so we are not responsible if our Content or info are inaccurate or out-of-date.
Changes to our products and Services
From time to time, we update pricing or descriptions of products and Services on our Site.
We might need to refund or cancel your online orders if our Site information or products and services are incorrect.
We try to do this within a reasonable time of realising the error.
General agreement details
Survival
Some rights and obligations under our agreement with you remain in force after these Terms expire or end. These include the rights and obligations under the following sections: Paying for Services, Ownership of Intellectual Property (IP), Our Content, Paying for losses + limiting liability, Actions after termination or suspension.
Other terms for our Sites
Passwords: If we give you a username and / or password to access Site features or Content, you must keep those details confidential. You are responsible for any unauthorised us or misuse of your passwords and resulting use of the Site and Content.
No waiver: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.
Governing law: The laws of Victoria governs these Terms, and the parties agree to submit to that jurisdiction.
Accessing the Site: We do not promise our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk. You are responsible for following applicable laws where you access our Site.
Dictionary
Capitalised words have the following meanings
Client means the person or business that buys our products or Services.
Confidential Information includes all material, IP, non-public, business-related information disclosed or made available to the receiving party through any means, relating to a party’s business but excludes information that, without breaching this agreement, is already public or known to the receiving party.
Content means all tools we create, develop, or use to supply you a Service, which might include one or more of the following: access to videos, written information, audio, lessons, digital products, classes, workshops, training plans, feedback, advice, programs, content on our Site, digital products, eBooks, and / or webinars. Sister Scout Studio always retains ownership of all our Content.
Fees means the charges you pay to us for the products and Services we provide, as set out on our Site, in a Proposal or as otherwise agreed with you.
Images means the photos, videos, photographs and other media we create, edit, and prepare for you, as part of our Services.
Intellectual Property (IP) means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. Our Content forms part of our Intellectual Property.
Location means the place or places that we agree with you to have a photoshoot or supply our Services.
Project means the agreed package of Services we agree to deliver to you, such as a particular type of photoshoot, with the details and inclusions for each Project set out on our Site or in an agreed Proposal.
Proposal means the document we agree with you that outlines the type of Services you are buying, the date, time, and location of the Session, the inclusions, as well as the applicable Fees. We may also set out the Service details and inclusions on our Site for some Services, such as Headshot Days.
Services means the various photography, branding, directory listing, mentoring, coaching, marketing and strategy products and services offered by us from time to time, including photoshoots, headshots, photo editing, online courses, coaching, consulting, workshops, and other related products and services.
Session means scheduled time we agree with you to spend with you to supply our Services to you, such as a booked in photo shoot.
Site includes our website www.sisterscout.studio, and our presence on third-party applications such as social media platforms like @sisterscout_ on Instagram, LinkedIn, and Facebook.
If you have any questions or notices about these Terms or our other policies, please contact us, we are happy to help!
Last updated: May 2022