I want every booking to run smoothly for everyone involved. These Terms & Conditions explain how I work, what you can expect from me, and what I ask from clients in return. If you have any questions or need something a little different, please get in touch before your booking, I'm always happy to discuss your project.

DARKSIDE FAIRY - TERMS & CONDITIONS (INCLUDING PRIVACY POLICY)

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Amy Driscoll trading as Darkside Fairy

ABN: 88 241 898 992

Email: darksidefairy.amy@gmail.com

Instagram: darkside.fairy
 

These Terms & Conditions apply to all enquiries, bookings, photography, videography and related services provided by Amy Driscoll trading as Darkside Fairy ("Darkside Fairy"). Nothing in these Terms & Conditions excludes, restricts or modifies any rights, remedies, guarantees or protections that cannot lawfully be excluded or limited under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL). If any part of these Terms is inconsistent with the ACL, it will apply only to the extent permitted by law.
 

Booking & Payment

Payment is due within 3 calendar days of the invoice date unless another arrangement has been agreed to in writing. If you require additional time, please contact Darkside Fairy within those three days. Reasonable payment arrangements may be considered where appropriate. Bookings are not considered confirmed until any required deposit or agreed payment has been been received. Darkside Fairy reserves the right to withhold photographs, videos, galleries or any other deliverables until outstanding invoices have been paid in full. Repeated late payments, unpaid invoices or failure to communicate regarding payment may result in future bookings requiring partial or full pre-payment.

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Turnaround Times

Delivery timeframes vary depending on the size of the project, editing requirements, workload and business commitments. Estimated turnaround times will generally be discussed before or shortly after the booking. Delivery may take longer during busy periods or where multiple projects are underway. If unexpected delays occur, Darkside Fairy will make reasonable efforts to keep clients informed. Rush editing or priority delivery may be available by prior agreement and may incur an additional fee.

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Editing & Creative Style

By booking Darkside Fairy, the client acknowledges they are engaging the photographer and videographer for a distinctive creative style.

Editing, colour grading, retouching, cropping, composition, image selection and overall creative direction remain at the sole discretion of Darkside Fairy and form part of the artistic service being purchased. Reasonable revision requests may be considered where practical. Extensive retouching, body reshaping, facial reconstruction, background replacement or editing beyond the agreed scope may incur additional charges. Photography RAW files are not included and will not be supplied. For video projects, all usable RAW footage is included unless otherwise agreed in writing.

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Hair, Makeup & Styling

Unless otherwise agreed in writing:

• Hair styling is not included.

• Makeup services are not included.

• Wardrobe is not included.

• Props are not included.

• Styling assistance is not included.

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Models are responsible for arriving prepared as discussed before the session.

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Copyright & Client Licence

Unless otherwise agreed in writing, all photographs, videos and creative works produced by Darkside Fairy remain the copyright of Amy Driscoll trading as Darkside Fairy.

Booking photography or videography services does not transfer copyright ownership. Upon full payment, clients receive a non-exclusive licence to use the delivered content for their own legitimate personal or professional promotional purposes, including:
 

• Social media

• Modelling portfolios

• Agency submissions

• Personal websites

• Casting applications

• Professional biographies

• Printed portfolios

• Promotional material relating to themselves

Clients must not alter, heavily edit, manipulate, apply filters to or otherwise modify delivered content in a way that misrepresents Darkside Fairy's work unless prior written permission has been obtained. Commercial resale, licensing to third parties, stock library submissions, advertising campaigns by third parties or any commercial use beyond the client's own promotion requires prior written permission from Darkside Fairy. Photographer credit is appreciated wherever reasonably practical: @darkside.fairy
 

Artificial Intelligence (AI)

All photographs, videos, edited media, RAW footage and other creative works produced by Darkside Fairy are strictly prohibited from being used for:

• Artificial Intelligence (AI)

• Machine learning

• Dataset creation

• AI training

• AI enhancement

• Image or video generation

• Data scraping

• Synthetic media

• Facial recognition datasets

• Digital avatar creation

• Any current or future AI-related purpose
   

No licence or permission will be granted for AI use unless expressly agreed in writing. Unauthorised AI use constitutes a breach of these Terms & Conditions and may result in copyright enforcement or any other remedies available under Australian law.
 

Portfolio & Promotion

Unless otherwise agreed in writing before the booking, Darkside Fairy reserves the right to use photographs, videos and other content created during the session for:

• Portfolio display

• Website content

• Social media

• Printed displays

• Marketing material

• Professional competitions

• Award submissions

• Educational presentations relating to the business
   

Privacy requests or requests not to publish images will always be considered where discussed before the booking.

Model Responsibilities

Models agree to:

• Arrive on time.

• Arrive in a suitable condition for the agreed concept.

• Bring any agreed wardrobe or accessories.

• Advise of any allergies, injuries or health concerns relevant to the shoot.

• Behave respectfully towards everyone involved.

• Follow reasonable safety directions during the session.
   

Late arrival may reduce shooting time.
 

Creative Collaboration (TFP)

For Time For Print (TFP), portfolio-building or collaborative projects:

• No monetary payment may be exchanged unless otherwise agreed.

• Both parties agree to contribute for mutual portfolio benefit.

• Final image selection remains at the discretion of Darkside Fairy.

• Delivery quantities may vary depending on the session.

• Collaborative sessions may be cancelled or rescheduled where necessary.
   

Posing & Creative Direction

Darkside Fairy will provide posing guidance where appropriate. Models are encouraged to contribute ideas and creative input.
 

Consent & Personal Boundaries

Darkside Fairy is committed to maintaining a safe, respectful and professional environment. No pose, concept or styling choice will be required if a model withdraws consent. Models are encouraged to communicate any boundaries before or during the session. Consent may be withdrawn at any time for poses or activities during the shoot. Withdrawal of consent for future use of already-created lawful images approved and consented to may not always be possible to remove where those images have already been published or supplied, although reasonable requests will always be considered and removed where able.
 

Travel, Locations & Additional Costs

Unless otherwise agreed:

• Travel fees may apply for locations more than 30 kilometres from Brisbane CBD, Queensland.

• Studio hire is the client's responsibility.

• Venue hire is the client's responsibility.

• Entry fees are the client's responsibility.

• Parking costs are the client's responsibility.

• Permit costs are the client's responsibility.
   

Additional travel or accommodation expenses will be discussed wherever reasonably possible before confirmation.
 

Cancellations & Rescheduling

Bookings cancelled within 48 hours of the scheduled session may result in deposits or payments being retained to cover preparation, planning and lost booking opportunities where permitted by law. Rescheduling requests will be accommodated where reasonably possible and remain subject to availability. Repeated cancellations, repeated short-notice changes or no-shows may result in future bookings being declined. If Darkside Fairy must cancel due to unforeseen circumstances, reasonable efforts will be made to reschedule or recommend another photographer where appropriate.
 

Client Conduct

Darkside Fairy is committed to providing a safe, respectful and inclusive working environment. Darkside Fairy reserves the right to refuse, suspend or discontinue services where any client, model, accompanying person or participant behaves in an abusive, threatening, discriminatory, harassing, unlawful, intoxicated, unsafe or otherwise inappropriate manner. Where services are discontinued due to inappropriate behaviour, refunds will generally not be provided to the extent permitted by law.
 

Force Majeure

Darkside Fairy is not responsible for delays, interruptions or cancellations caused by circumstances outside reasonable control. These may include:

• Illness or injury

• Family emergencies

• Severe weather

• Floods

• Bushfires

• Natural disasters

• Government restrictions

• Venue closures

• Power failures

• Transport disruptions

• Equipment failure

• Internet outages

• Emergency situations

• Civil disturbances

• Any other unforeseen event beyond reasonable control
   

Reasonable efforts will be made to communicate promptly and discuss suitable alternatives.
 

Liability

Every reasonable effort is taken to safely capture, edit, store and deliver your content using professional equipment and industry-standard practices. Darkside Fairy is not liable for delays, interruptions or failure to provide services resulting from circumstances genuinely outside reasonable control. In the unlikely event of equipment failure, corrupted files, accidental loss or technical issues, reasonable efforts will be made to recover or remedy affected services where possible. Where recovery is not reasonably possible, liability is limited to the extent permitted by law. Nothing in these Terms excludes rights provided under Australian Consumer Law.
 

File Storage

Completed galleries should be downloaded and backed up by the client as soon as reasonably possible.

Long-term storage is not guaranteed. Clients are responsible for maintaining their own backups once files have been successfully delivered.
 

Privacy

Darkside Fairy respects your privacy and is committed to handling personal information responsibly. Information collected may include your:

• Name

• Contact details

• Social media details

• Booking information

• Billing information

• Emergency contact (where appropriate)

• Any information voluntarily provided

Information may be used for:

• Managing bookings

• Providing photography and videography services

• Delivering galleries

• Processing payments

• Communicating before and after the session

• Legal, taxation and business record-keeping obligations
   

Personal information will not be sold and will only be shared where reasonably necessary to provide services, required by law or with your consent. Reasonable steps are taken to protect personal information, although no electronic storage system can be guaranteed completely secure. This Privacy section is intended to operate in accordance with the Privacy Act 1988 (Cth) and, where applicable, the Australian Privacy Principles.
 

Entire Agreement

These Terms & Conditions, together with any quotation, invoice, booking confirmation and written correspondence relating to the booking, constitute the entire agreement between the parties.

Severability If any provision is found to be unlawful, invalid or unenforceable, that provision will be interpreted, read down or severed only to the extent necessary. The remaining provisions continue in full force and effect.
 

Governing Law

These Terms & Conditions are governed by the laws of Queensland, Australia. Any dispute arising from these Terms & Conditions or services provided by Darkside Fairy will be subject to the jurisdiction of the courts of Queensland.
 

Acceptance

By requesting or confirming a booking, attending or participating in a session, making payment, accepting delivery of content or otherwise engaging Darkside Fairy's services, the client acknowledges that they have read, understood and agreed to these Terms & Conditions.
 

Questions or Special Requests

If you have any questions about these Terms & Conditions or wish to discuss a concept, accessibility requirement, privacy concern or special request, please contact Darkside Fairy before your booking.

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Any approved changes or special arrangements should be confirmed in writing so everyone has a clear understanding of what has been agreed.

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Thank you for trusting Darkside Fairy in capturing your chaos.

 

DARKSIDE FAIRY

Heartbeat Within The Darkness
 

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