Effective Date: 25 September 2026
Terms and Conditions
Photo Firas operates in Australia and the United Arab Emirates.
1. About these Terms
These Terms and Conditions govern access to the Photo Firas website and the supply of photography, videography, editing, aerial imaging and related creative services in Australia and the United Arab Emirates. A Quote or Booking Confirmation may contain additional project-specific terms. If there is an inconsistency, the Booking Confirmation prevails for that booking, except that no document excludes a right or remedy that cannot lawfully be excluded.
Photo Firas is operated by [INSERT FULL LEGAL NAME AND ENTITY TYPE]. Australian registration: [INSERT ABN OR ACN]. UAE registration, if applicable: [INSERT UAE LEGAL NAME, TRADE LICENCE NUMBER AND ISSUING AUTHORITY OR STATE NOT APPLICABLE]. Registered or principal business address: [INSERT FULL BUSINESS ADDRESS].
General contact: info@photofiras.com | +61 452 633 633 | Dernancourt, South Australia, Australia.
2. Definitions
Booking Confirmation. our written confirmation that a booking has been accepted, including an accepted quote, signed service schedule, invoice identified as confirmed, or online confirmation.
Client. the person or entity requesting or purchasing Services and, where the context permits, an authorised representative.
Content. photographs, video, audio, aerial imagery, edits, designs, albums, digital files and other material created through the Services.
Deliverables. the final Content expressly identified for delivery in the Booking Confirmation.
Photo Firas, we, us or our. the legal person or entity identified above or, where a different supplier is expressly identified in the Booking Confirmation, that supplier.
Services. the services specified in the Booking Confirmation, including any agreed photography, videography, drone, editing, production or delivery services.
Website. the Photo Firas website and associated pages, forms and online services.
3. Acceptance and contract formation
By using the Website, a visitor accepts the provisions that relate to website use. A contract for Services is formed only when:
- the Client receives the Quote, these Terms and any applicable service schedule before booking;
- the Client accepts the Quote or otherwise confirms the booking in writing;
- the required Booking Fee or other initial payment is received, unless we waive that requirement in writing; and
- we issue a Booking Confirmation.
An enquiry, provisional date hold or automated acknowledgement is not a confirmed booking. We may decline an enquiry before a Booking Confirmation is issued, subject to applicable law. A person accepting on behalf of a company or another person warrants that they have authority to do so.
4. Website use
The Website is provided for general information, enquiries and access to our Services. Visitors must not:
- use the Website unlawfully, fraudulently or in a way that infringes another person’s rights;
- introduce malware, attempt unauthorised access, scrape the Website at scale, or interfere with its security or operation;
- copy, republish or commercially exploit Website content except as permitted by law or with written permission; or
- submit information, images or files they have no right to provide.
We may update, suspend or withdraw Website functions. We do not guarantee uninterrupted access, and Website information is not a binding offer unless expressly incorporated into a Booking Confirmation.
5. Quotes and scope of Services
The Booking Confirmation should specify the service date and location, scope, personnel, coverage period, Deliverables, delivery method, estimated timetable, number of revisions if any, fees, taxes, expenses and any special instructions. Only items expressly included are part of the Services.
Changes requested after confirmation are subject to availability and may require additional fees, time or a revised Booking Confirmation. We will obtain the Client’s approval before incurring a material additional fee that was not reasonably contemplated by the confirmed scope.
6. Client responsibilities
The Client must, in a timely manner:
- provide accurate booking information, briefs, schedules, shot lists, contacts and access instructions;
- obtain venue, property and event permissions under the Client’s control, while Photo Firas remains responsible for professional and regulatory permissions that the law places on the service provider;
- identify material restrictions, confidential areas, safety risks, cultural requirements and persons who must not be photographed;
- ensure a safe working environment and reasonable cooperation by the Client’s personnel, guests and contractors;
- obtain rights to logos, music, text, designs or other materials supplied by the Client; and
- make selections, approvals and payments within the agreed time.
Photo Firas is not responsible for delay, missed images or additional costs caused by inaccurate information, denied access, late attendance, unsafe conditions, interference by guests or suppliers, or a Client-controlled permission failure, but will take reasonable steps to reduce the impact.
7. Fees taxes and payment
Fees, currency, payment stages and included expenses are stated in the Booking Confirmation. Consumer prices include GST or VAT where the law requires an inclusive price. Otherwise, applicable taxes will be shown separately. Travel, accommodation, permits, venue charges, courier costs and third-party production expenses are payable only where included in the Booking Confirmation or approved by the Client.
Invoices are payable by the stated due date. Photo Firas may pause Services or withhold Deliverables for an undisputed overdue amount after giving reasonable written notice. For business Clients only, reasonable recovery costs and interest may be charged where stated in the Booking Confirmation and permitted by law. Photo Firas will not withhold personal data access rights or statutory remedies because of a payment dispute.
8. Booking Fee cancellations and rescheduling
8.1 Booking Fee
The Booking Confirmation may require a Booking Fee, normally not exceeding 50 percent of the total fee. The Booking Fee reserves the agreed date and is credited against the total price. Describing an amount as non-refundable does not permit Photo Firas to retain more than the amount lawfully recoverable for work performed, committed third-party costs and reasonable loss caused by cancellation.
8.2 Cancellation by the Client
The Client must cancel in writing. Unless the Booking Confirmation contains a more favourable arrangement, the following maximum charges apply. The actual charge will be reduced to reflect costs saved, recoverable third-party amounts and revenue reasonably obtained by rebooking the reserved date.
| Notice before scheduled start | Maximum cancellation charge |
|---|---|
| 31 calendar days or more | Reasonable work already performed and non-recoverable commitments, capped at the Booking Fee. |
| 15 to 30 calendar days | The Booking Fee, capped at 50 percent of the total confirmed fee. |
| 8 to 14 calendar days | Up to 50 percent of the total confirmed fee. |
| 7 calendar days or less | Up to 75 percent of the total confirmed fee. |
| No-show or cancellation after Services begin | Up to 100 percent of the total confirmed fee, but only to the extent of the reasonable loss actually incurred after deductions. |
No cancellation charge applies to the extent the Client cancels because of Photo Firas’s material breach, a failure of a non-excludable consumer guarantee, or another statutory cancellation right. Any balance due to the Client will be refunded using the original payment method within a reasonable time.
8.3 Rescheduling by the Client
A rescheduling request is subject to availability. If made at least 14 calendar days before the scheduled start, one transfer to an available date within 12 months will normally be allowed without a rescheduling fee, except for non-recoverable third-party costs or a material change in scope or market price. Later requests may be treated as a cancellation, but Photo Firas will act reasonably and consider illness, emergency, weather and the ability to rebook the original date.
8.4 Cancellation or rescheduling by Photo Firas
If Photo Firas cannot perform because of illness, emergency, equipment failure or another matter within its reasonable control, it will, after consulting the Client, use reasonable efforts to provide a suitably qualified replacement, reschedule, or refund amounts paid for Services not supplied. The Client is not required to accept a materially different substitute.
9. Weather force majeure and unsafe conditions
Neither party is liable for delay or failure caused by an event beyond reasonable control, including severe weather, natural disaster, government restriction, venue closure, transport disruption, epidemic, civil disturbance or utility failure. The affected party must notify the other promptly and take reasonable steps to mitigate the impact.
The parties will first try to reschedule or modify the affected Services. If performance remains impossible within a reasonable period, either party may terminate the affected Services. The Client will receive a refund for unperformed Services, less the value of work already supplied and unavoidable third-party costs that were disclosed and reasonably incurred. This clause does not remove mandatory consumer rights.
Photo Firas may stop or decline an activity presenting a material safety, legal, privacy or equipment risk. Where the risk was caused by Photo Firas, the remedies above apply. Where it was caused by the Client or a Client-controlled site after prior warning, reasonable waiting, relocation or cancellation charges may apply.
10. Creative approach coverage and Deliverables
The Client acknowledges that photography and videography involve professional judgment, changing conditions and an individual creative style. Portfolio examples illustrate style but do not guarantee identical results. Unless a specific image is expressly guaranteed in the Booking Confirmation, Photo Firas will use reasonable professional skill to capture the agreed subject matter without guaranteeing every person, moment, angle or condition.
Photo Firas selects the technically and creatively suitable material for editing and delivery. Duplicate, test, blurred, unsafe, rejected or otherwise unsuitable files are not Deliverables. RAW, unedited or project-source files are not supplied unless expressly included in the Booking Confirmation.
Delivery times are estimates unless the Booking Confirmation states a fixed deadline. A delay caused by the Client’s selection, approval, payment or information extends the timetable reasonably. Included revisions are limited to those stated in the Booking Confirmation and do not include a change of original brief, reshoot or a demand to reproduce another creator’s style.
11. Online galleries storage and file preservation
The Client must download and securely back up Deliverables before the stated gallery or download expiry date. Unless otherwise agreed, Photo Firas will use reasonable care to retain final Deliverables for 12 months and working or RAW files for 6 months after final delivery, but does not promise permanent archival storage. After those periods, files may be deleted without further notice.
If Content is lost or corrupted before initial delivery because Photo Firas failed to use reasonable care, Photo Firas will, where reasonably possible, restore, re-edit or reshoot the affected work. If that is not reasonably possible, it will refund the part of the price attributable to the lost Deliverables. Any additional statutory remedy remains available.
12. Aerial and drone Services
Drone Services are subject to aviation law, operator credentials, aircraft registration, local approvals, airspace restrictions, landowner permission, weather, visibility, safety and instructions from a competent authority. Photo Firas will not conduct a flight that it reasonably considers unsafe or unlawful.
Photo Firas is responsible for licences, registrations and operational permissions legally required of the operator. The Client is responsible for accurate site information and permissions legally required from the owner or occupier under the Client’s control. If a lawful flight cannot proceed, the parties will consider a ground-based alternative or rescheduling. If neither is reasonably possible, the drone-specific portion will be refunded after deducting properly disclosed non-recoverable permit or third-party costs, subject to mandatory law.
13. Subcontractors and assistants
Photo Firas may use suitably qualified photographers, videographers, drone operators, editors, laboratories, couriers and technology providers to perform parts of the Services. Photo Firas remains responsible for the performance of its subcontractors to the extent required by law and will require appropriate confidentiality, privacy and security protections.
14. Copyright and permitted use
14.1 Ownership
Except where the Booking Confirmation expressly provides otherwise, and subject to applicable law, Photo Firas owns copyright and other intellectual property rights in the Content from creation.
For an Australian commission for a private or domestic purpose, the parties expressly agree, for the purposes of section 35(3) of the Copyright Act 1968 (Cth), that the ownership rule that might otherwise apply under section 35(5) is modified so that Photo Firas owns copyright in the commissioned photographs from creation. To the extent any right nevertheless vests in the Client, the Client assigns that right to Photo Firas, including as an assignment of future copyright where permitted, and will sign a reasonable confirmatory document if required. This clause does not transfer a person’s privacy, publicity or moral rights.
14.2 Licence for personal Clients
After full payment, a personal Client receives a perpetual, worldwide, non-exclusive and non-transferable licence to download, store, print and share the Deliverables for personal and family purposes, including ordinary personal social-media sharing. The Client may make reasonable crops and format changes but must not sell, license, enter into competitions for commercial gain, materially alter, use in paid advertising, provide for stock or artificial-intelligence training, or remove a visible credit or watermark where one was agreed, without written permission.
14.3 Licence for business Clients
A business Client receives only the usage rights described in the Booking Confirmation. Unless otherwise stated, the licence begins after full payment, is non-exclusive, and permits use for the Client’s own website, organic social media, internal communications and ordinary promotional materials. Paid media, broadcast, resale, sublicensing, merchandising, stock-library use, third-party brand use and artificial-intelligence training require express written permission. If no territory or term is stated, the licence is worldwide and perpetual for the uses expressly permitted.
14.4 Moral rights and credits
Authors and performers retain moral rights where applicable. Nothing in these Terms is a general waiver of moral rights. The Client must not use the Content in a misleading, defamatory, unlawful or materially derogatory context. Any agreed credit must be reasonably displayed. Photo Firas will not require a credit where the Booking Confirmation states that none is required.
15. Client materials
The Client retains ownership of material supplied by the Client. The Client grants Photo Firas a non-exclusive licence to use that material only as reasonably necessary to perform, demonstrate for approval and deliver the Services. The Client warrants that it has the required rights and permissions. Photo Firas may refuse material that reasonably appears unlawful or infringing.
16. People property and portfolio use
Payment for photography does not by itself authorise Photo Firas to publish a person’s image, name, voice, private information or property for portfolio, advertising or paid promotional purposes. Photo Firas will seek a separate written Portfolio Consent where consent is required or is the appropriate basis for use. The consent may offer choices for website portfolio, organic social media, paid advertising, tagging or identification, and use of a child’s image.
A refusal to give optional Portfolio Consent will not affect the price or performance of the booked Services unless public campaign use is itself the commissioned purpose. Consent may be withdrawn prospectively by contacting Photo Firas. Photo Firas will stop new controlled uses and remove material from channels it controls within a reasonable period, subject to lawful archival, recordkeeping, completed print materials and uses that cannot reasonably be recalled.
Where the Client organises an event or supplies participants, the Client must give attendees any notice and obtain permissions that the law places on the organiser. This does not transfer to the Client a legal obligation that properly belongs to Photo Firas as photographer, publisher or data controller.
17. Children and vulnerable persons
A parent, legal guardian or other person with lawful authority must approve a child’s participation and any publication use. Photo Firas may require proof of authority and may decline to photograph or publish where authority, safety or best interests are uncertain. A school, club, venue or event organiser must not grant publication rights it does not legally hold. Child portfolio or advertising use requires a separate, specific guardian authorisation and remains subject to applicable child-safety and privacy law.
18. Privacy
Personal information is handled under the Photo Firas Privacy and Cookie Policy and applicable privacy laws. The Privacy and Cookie Policy explains collection, use, disclosure, international transfers, retention, security and individual rights. If a Booking Confirmation requires processing that is materially different from the published policy, Photo Firas will provide additional notice and obtain consent where required.
19. Consumer rights
Nothing in these Terms excludes, restricts or modifies a guarantee, warranty, condition, right or remedy that cannot lawfully be excluded or limited, including rights under the Australian Consumer Law and applicable UAE consumer-protection law. Any limitation in these Terms operates only to the maximum extent permitted by law.
Where Services fail to comply with a non-excludable guarantee, the Client may be entitled to re-performance, a refund, compensation or another statutory remedy depending on the nature and seriousness of the failure. A Client should contact Photo Firas promptly so the issue can be assessed and, where appropriate, remedied.
20. Liability
Photo Firas is responsible for loss that is a reasonably foreseeable result of its breach, negligence or failure to comply with mandatory law. It is not responsible for loss caused by the Client, a third party outside its reasonable control, or an event addressed under clause 9, except to the extent Photo Firas failed to take reasonable care or mitigate the loss.
To the extent permitted by law, Photo Firas is not liable for indirect or consequential commercial loss, loss of profit, loss of opportunity or reputational loss that was not reasonably foreseeable when the contract was formed. This exclusion does not apply to a consumer’s reasonably foreseeable loss, fraud, wilful misconduct, gross negligence where it cannot be limited, death or personal injury caused by negligence, infringement of third-party intellectual property by Photo Firas, or breach of confidentiality, privacy or data-security obligations.
For a business Client acquiring Services for business purposes, and only to the extent permitted by law, Photo Firas’s aggregate liability arising from a booking is limited to the total fees paid or payable for that booking. Where the law permits liability for a guarantee to be limited, liability may instead be limited to re-supplying the Services or paying the reasonable cost of re-supply. No cap applies where a cap is prohibited by law.
21. Client indemnity
The Client indemnifies Photo Firas against a third-party claim to the extent directly caused by the Client’s unlawful instructions, material breach of clause 6 or 15, negligence, or unauthorised material supplied by the Client. The indemnity is reduced to the extent the claim was caused or increased by Photo Firas or its subcontractor. Photo Firas must give prompt notice, allow reasonable participation in the defence, not settle an admission or non-monetary obligation for the Client without consent, and take reasonable steps to mitigate loss. This clause does not apply to a consumer to the extent it would be unfair or unlawful.
22. Confidentiality
Each party must protect confidential information received for the booking and use it only to perform or enforce the contract. This obligation does not cover information already lawfully known, independently developed, public through no breach, or required to be disclosed by law. Photo Firas may disclose information to personnel, subcontractors, insurers and professional advisers who need it and are subject to appropriate duties.
23. Complaints and disputes
A complaint should be sent to info@photofiras.com with the booking reference and sufficient detail. Photo Firas will acknowledge it within a reasonable time, investigate fairly and aim to provide a substantive response within 14 calendar days. The parties should first attempt good-faith negotiation and may agree to mediation. This process does not prevent either party from seeking urgent relief, using a regulator or consumer body, or exercising a right that cannot be delayed or excluded.
24. Termination
Either party may terminate a booking by written notice if the other commits a material breach and, where the breach can be remedied, fails to remedy it within a reasonable period specified in the notice. Photo Firas may suspend or terminate immediately for a serious safety threat, unlawful instruction, harassment, violence, fraud or deliberate infringement. Termination does not affect accrued rights, payment for Services properly performed, refunds required by law, or provisions intended to survive, including intellectual property, confidentiality, privacy, liability and dispute provisions.
25. Changes to these Terms
Photo Firas may update these Terms for future Website use and future bookings by publishing a revised effective date. The version supplied and accepted when a booking is confirmed continues to govern that booking unless the parties agree to a change in writing or a change is required by law. Continued Website use does not retrospectively amend a confirmed booking.
26. Governing law and regional terms
26.1 Australian bookings
A booking principally performed in Australia is governed by the laws of South Australia and the applicable laws of the Commonwealth of Australia. The parties submit to the courts and tribunals having jurisdiction in South Australia, without limiting a consumer’s right to bring proceedings in another forum available under mandatory law. The Australian Consumer Law, Privacy Act 1988 (Cth) where applicable, Spam Act 2003 (Cth), Copyright Act 1968 (Cth) and aviation rules may apply according to their terms.
26.2 UAE bookings
A booking principally performed in the United Arab Emirates is governed by the federal laws of the UAE and the laws applicable in the Emirate in which the Services are principally performed or in which the relevant Photo Firas supplier is licensed, as identified in the Booking Confirmation. Subject to any mandatory consumer forum, the competent courts of that Emirate have jurisdiction. If the relevant supplier is established in DIFC, ADGM or another jurisdiction with its own applicable rules, the Booking Confirmation must identify that supplier and any different governing-law or forum provision before acceptance.
26.3 Mandatory law
A governing-law or forum clause does not exclude mandatory consumer, privacy, child-safety, intellectual-property, aviation, licensing or e-commerce law that applies to the transaction or processing activity.
27. General provisions
Notices concerning a booking may be sent to the email address or messaging contact used for the booking, provided the sender retains a reliable record. Formal legal notices should also be sent to the addresses identified in clause 1 or the Booking Confirmation.
The Client may not transfer a booking without written consent, which will not be unreasonably withheld. Photo Firas may transfer the contract as part of a genuine business sale or restructuring only if the transfer does not materially reduce the Client’s rights and the Client is notified where required.
If a provision is invalid or unenforceable, it will be read down to the minimum extent necessary, or severed if it cannot be read down, without affecting the remainder. A delay in enforcing a right is not a waiver. These Terms and the Booking Confirmation constitute the agreement for the booked Services and replace prior statements about the same subject, except for fraud and rights that cannot be excluded.
28. Contact
Email: info@photofiras.com
Telephone and WhatsApp: +61 452 633 633
General location: Dernancourt, South Australia, Australia
Legal and postal address: [INSERT FULL ADDRESS FOR LEGAL NOTICES]