Terms & Conditions

LE CHAT NOIR BOUDOIR PTY LTD is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

Personal Information

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers. This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.ALESSIOPETTIPHOTOGRAPHY.com, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.Sensitive information will be used by us only:

• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. ALESSIO PETTI will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information. In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

If you have any queries or complaints about our Privacy Policy please contact us at:lechatnoir.boudoir@gmail.com

TERMS & CONDITIONS

A. Terms and Conditions of using this website.

B. General Terms and Conditions for Photographic Assignments.

C. Gift cards/vouchers/certificates terms and conditions.

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A. TERMS AND CONDITIONS OF USING THIS WEBSITE.

This website is governed by the terms and conditions set forth herein, as well as any applicable laws, statutes, ordinances, and regulations. Your use of this site, whether browsing, visiting, or otherwise accessing, shall be taken as an acceptance of these terms and conditions. As used in this site, the terms “the Photographer”, and “ALESSIO PETTI”, are intended to include ALESSIO PETTI and its respective subsidiaries, divisions, and affiliated companies.

All content on this site, whether text or images, is protected by Australian and International copyright law. Except as specifically permitted within the terms and conditions governing the use of this site, any reproduction, display, copying, or retransmission of any or all of the contents of this site is strictly forbidden. Requests for use of any content should be directed to the Photographer.

LIABILITY DISCLAIMER

ALESSIO PETTI makes no representations or warranties of any kind regarding this site as to; The accuracy or completeness of the information or other content contained in this Site and assumes no responsibility for any errors or omissions in the contents. The fitness or suitability of any information, products, or services for any purpose and non-infringement. The presence or absence of any bugs or computer viruses that third parties may attach or embed without the knowledge or consent of ALESSIO PETTI. Any software or content made available for download, copying, or other use. Every user who visits this site does so at their own risk. In no event shall ALESSIO PETTI, its affiliate, and/or suppliers be liable for any indirect, incidental, punitive, special, consequential, or other damages arising from the use of, or inability to use this website, or the content contained within. This does not affect any statutory rights you may have as a consumer.

BULLETIN BOARD, CHATROOMS, AND OTHER COMMUNICATION FORUMS

If this website contains bulletin boards, chat rooms, or other message or communication facilities (hereafter known as “Forums”), you agree to only send or receive materials or messages that are proper and related to the particular Forum. By way of example, and not limitation, you agree not to;

1. Defame, abuse, threaten, harass, stalk, or otherwise violate the legal rights of others (including the rights of privacy).

2. Publish or post any material or information that is defamatory, obscene, indecent, infringing, or unlawful in any way.

3. Upload files that contain any material protected by intellectual property laws, unless you own or control those rights, or have obtained all necessary consents.

4. Upload files that contain viruses, corrupted files, or other software that may damage the operation of the website or another’s computer.

5. Falsify the origin or source of any material that is uploaded.

6. Advertise or offer to sell any goods or services or conduct surveys, contests, or chain letters,

7. Download any file posted by another user, that you know or reasonably should know, cannot be legally distributed in such a manner.

You acknowledge that all Forums unless otherwise specified are public and not private communications, and that any postings are not endorsed by ALESSIO PETTI. ALESSIO PETTI reserves the right to remove without notice any contents of the Forums received from users and reserves the right to deny at its sole discretion any user access to this website without notice.

LINKS

Links to other internet sites may appear on this site from time to time. Except for websites maintained by divisions, subsidiaries, or affiliated companies of ALESSIO PETTI, users acknowledge that these sites are not under the influence or control of ALESSIO PETTI and that ALESSIO PETTI assumes no responsibility for the contents or actions of such websites, or any potential damage arising from the use of such links. The existence of any link between this site and any other site shall not be taken as an endorsement of such site.

MODIFICATION

ALESSIO PETTI reserves the right to modify or change these terms and conditions at any time.

FEEDBACK

ALESSIO PETTI appreciates any constructive feedback with regard to these terms and conditions or the site in general. We hope you find the information, products, and services contained herein useful.

B. GENERAL TERMS AND CONDITIONS FOR PHOTOGRAPHIC ASSIGNMENTS.

1. DEFINITIONS

For the purpose of this agreement “the Agency” and “the Advertiser” shall include their respective successors and permitted assignees and where there is no agency or advertiser; all references in this agreement to either shall mean the Client.“the Photographer” means ALESSIO PETTI and its respective successors and permitted assignees.“License” means those rights in the Photographs licensed to the Client pursuant to clause 2.“Photographs” means all photographic material furnished by the Photographer; whether transparencies, negatives, prints, digital files, or any other type of physical or electronic material.

2. COPYRIGHT AND LICENSE TO USE

I) COPYRIGHT

The copyright in the Photographs is owned by and retained by the Photographer at all times throughout the World. The Client also agrees that the Photographer is the sole author of the Photographs. The Photographs shall be the Photographer’s interpretation, rather than a literal re-creation of any concepts or layouts provided to the Photographer by the Client or the Client’s representative.

II) LICENSE TO USE

The Client shall have the right to use the Photographs only in the media, within the territory, for the period, and with exclusivity as set out in the contract or license agreement. Any extended usage must be with the written consent of the Photographer and will be subject to a further fee. The License cannot be transferred without the Photographer’s written consent. No use may be made of the Photographs until payment in full is received, without the express written permission of the Photographer.

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer. The Client shall return all Photographs and delete all digital copies from their systems within 30 days of the expiry of the License.

4. EXCLUSIVITY

The Agency and Advertiser will be authorised to publish the photographs to the exclusion of all other persons including the Photographer for the duration of the License according to the usage rights designated therein. However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the License, the Photographer shall be entitled to use the photographs for any purposes. On expiry of first initial exclusive period, the Client will be offered the first right to extend the license upon payment of a further fee. If no exclusivity period has been negotiated, the rights licensed will be considered to be non-exclusive.

5. NO ALTERATION

No alteration or manipulation of the Photographs may be made without the permission of the Photographer.

6. CLIENTS MATERIALS

The Client accepts full responsibility for any materials they supply for use in the Photographs and that the materials so supplied are insured against loss, damage, or liability.

7. INDEMNITY

The Photographer shall not be liable for any legal action, claim, or damages resulting from or arising out of the publication of the Photographs or any other use by the Client. The Client shall indemnify the Photographer against any claims and/or damages against him including reasonable counsel fees arising from the Client’s use of the Photographs and the Photographer’s use of the materials on the instructions of the Client.

8. PAYMENT

The Client shall pay all expenses referred to within the contract or quotation.

Once a booking date with our studio Le Chat Noir Boudoir has been scheduled, The Client will have a personalised payment schedule to fulfil prior to the client’s session. These payment options are very flexible to suit each individual client and their needs. However, failure to fulfil these payments will result in the client’s session being cancelled and any payment made prior to the official cancellation won’t be refunded. If the client has 2 or more overdue notices that are on-going and yet to be resolved, their session will be cancelled. Failure to respond to any emails regarding the reason your payments have been missed, or not having shown attempt to resolve overdue payments, will result in your session being cancelled. If there is a personal reason or circumstance preventing you from paying these instalments on time, the client needs to contact the studio to amend her/his invoices so that the session will not be automatically removed.

9. CLIENT APPROVAL

The Client is responsible for having its authorized representative present during all “shooting” phases of the Assignment to approve the Photographer’s interpretation of the Assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by the Client’s representatives. Unless a rejection fee has been agreed in advance there is no right of rejection.

10. ARCHIVING DATA

The Client shall not electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner use, scan, reproduce, copy, store or alter any Photograph in whole or in part except as expressly agreed overleaf or with the subsequent written permission of the Photographer. The Photographs are original work. The Photographer will not specifically archive copies of the Photographs unless agreed to prior to commencement of work. Each photograph is unique and does not have an exact duplicate, and may be impossible to replace or recreate.

11. PRIVACY

The Photographer will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence to him for the purposes of photography except as may be reasonably necessary to carry out the work.

C. GIFT CARDS/VOUCHERS/CERTIFICATES TERMS AND CONDITIONS

Must be used by the recipient named on the voucher. Gift Cards/Vouchers/Certificates will be void and cannot be redeemed after the expiry date (3 years expiry on all vouchers). Any unused balance on expiry will not be refunded or credited. Cash will not be given on any unused balance. Gift Cards/Vouchers/Certificates cannot be reloaded. Named Service must be booked and taken within 12 months – after which the Value (amount paid) of the voucher is valid for a further 2 years. Defaced, altered, lost or stolen vouchers will not be replaced, refunded or redeemed. Gift Cards/Vouchers/Certificates can be used towards the purchase of portrait and/or boudoir photoshoot collections. Gift Cards/Vouchers/Certificates are not cash refundable and no refunds will be issued for differences in value if the entire value is not redeemed. Prices are liable to change: at the time of redemption, if a service price is more than the amount the voucher was purchased for, the recipient is required to pay the difference. As per the late notice/rescheduling/cancellations, or amendments to the booking as outlined in the contract will result in an additional fee. The Photographer reserves the right to change these terms and conditions of use at any time. By purchasing or redeeming a Gift Voucher you accept these Terms & Conditions

Agreement Between Alessio Petti and the buyer (client):

The buyer acceptance:

Client understand that my order is electronically fulfilled and cannot be canceled or amended once it has been placed. All orders are automatically sent to the lab for autonomous fulfilment and manufacture at the time of ordering.

Payment: The buyer agrees to pay a minimum of 50% of the chosen photographic experience sale amount as a deposit on the booking day, with the remainder on the day of the photoshoot, or following the chosen payment plan and, understands that this booking fee is not refundable. The buyer also agrees to pay a minimum of 50% of the total sale amount as a deposit for the ordered goods, with the remainder on finalisation and collection.

a) The buyer authorises Alessio Petti (“Photographer”) to charge the indicated credit card on a periodic basis for the amount due under my Authorisation with the Photographer as indicated on the invoice. This Recurring Payment Authorisation shall remain in effect until upon completion of the schedule.

b) Declined payments shall be considered late payments subject to a $20 late fee charge.
The late fee charge shall be remitted to the Photographer by 7 days following the notice of decline.

c) The buyer authorises Alessio Petti to keep the card details on file and charge it as stated in section a). Square’s standard processing fee is 2.6% + 10¢ for contactless payments, swiped or inserted chip cards, and swiped magstripe cards. Payments that are manually keyed-in, processed using Card on File, or manually entered using Virtual Terminal have a 3.5% + 15¢ fee. Invoices cost 2.9% + 30¢ or 3.5% + 15¢ if processed using Card on File. No extra fees will be charged if the payment will happen through bank transfer.

d) If payments fail to happen at the third attempt, the entire order will be canceled and the already paid amount will be kept as a penalty fee.

Collection of Goods: on the completion of manufacture, the seller shall notify the buyer of the readiness of the order for collection.

The buyer will then have 90 days to collect and finalise the order. If the order is not finalised or collected within this period then an interest rate of 21% PA shall be calculated from the initial date of purchase till the date of collection. After all reasonable attempts have been made by the seller to contact the buyer to finalise the order if the order is deemed delinquent. The seller reserves the right to transfer this matter to a debt collection agency where all and any interest or costs to recover the balance shall be borne by the buyer.

Inspection of goods: the buyer shall have the right to inspect the goods prior to taking possession. The buyer must give notice to the seller at the time of collection of any claim for damages on account of the condition, quality, or grade of the goods. The failure to comply with these conditions shall constitute irrevocable acceptance of the goods by the buyer.

Delivery of goods: The goods shall be deemed as received by the buyer once the buyer has taken possession of the goods and left the premises of Le Chat Noir Boudoir.

Further Acceptance

1. The buyer shall reimburse Alessio Petti (the photographer) for any additional costs he may incur, including special digital image retouching requests, prints modifications, album modifications, more than 2 album layout reviews, traveling expenses, etc.

2. The deposit is required at the time of booking and is not refundable. If the client reschedules or cancels the appointment after 15 working days’ notice the deposit will not be refunded. If the photographer fails to appear at the time and place specified above, the deposit will fully be refunded to the client.

3. Proof photography will be sent over via Digital download link and/or printed copies (according to the customer’s order).

4. The client agrees to not consider the photographer responsible for :
– injuries occurred during the photoshoot;
– skin/hair reactions due to the make-up applications;
– COVID-19 infections;
– future general health condition after attending the photoshoot;
– album or prints deterring;
– clothes/accessories/ damages;
-parking fines or car damages (in case of the client parks on the street or in the underground parking space).

5. The client declares that the photographer followed all the Government’s guidelines principles about COVID-19 workplace restrictions, and will lift the photographer from any responsibilities in case of COVID-19 contaminations, and will keep him informed in case of fever or other known symptoms.

6. The client declares to be in perfect health conditions at the time of the photoshoot and so it is the photographer and the make-up artist.

7. The photographer declares to be in perfect health condition at the time of the photoshoot. In case of future known symptoms, the photographer will keep the client informed about his/her health condition.

8. The buyer agrees to the payment agreement and commits to the full payment of the chosen services with no reserves.

9. The buyer shall assist and cooperate with the photographer in obtaining the desired photographs, including but not limited to, the specified person(s) and or scenes to be photographed; taking time to pose for photographs at the photographer’s direction, etc.

10. The photographer retains copyright in the photographs and hereby grants the Client unlimited but non-exclusive rights to use or reproduce photographs for which The buyer pays.

11. (a) Image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, video, or any other item which may be offered for the purposes of reproduction.

(b) Reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means

(c) The buyer is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).

12. (a) The entire copyright in the images is retained by the photographer representing Alessio Petti at all times throughout the world.

(b) Alessio Petti supplies the technical and artistic ability to illustrate an idea photographically and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client whether on its submission or on Alessio Petti grant of reproduction rights in respect thereof.

(d) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Alessio Petti any fee payable by The buyer shall be subject to an increase specified by Alessio Petti and in any event an increase of not less than 25%.

13. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on the Alessio Petti invoice. An agreement must be reached with Alessio Petti before the images are used for a different purpose or after the license to use has expired.
(b) Reproduction rights are not issued exclusively to The buyer except when specified on the invoice.

(c) Reproduction rights granted are personal to The buyer and may not be assigned, nor may any image submitted to The buyer be loaned or transferred to third parties save for the purpose of the exercise by The buyer of such reproduction rights.

(d) Any reproduction rights granted are by way of license and no partial or other assignments of copyright shall be implied.

(e) Alessio Petti reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by The buyer.

14. The following terms are used when describing the reproduction rights granted by Alessio Petti to The buyer:

(a) Internal Use: The right to use the images only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.

(b) PR and Press distribution: The right to use the images as described in 4(a); plus a license for third parties to reproduce such images in print or electronic media in an editorial context where no fee has been paid to guarantee publication.

(d) Editorial: One reproduction only of images supplied within one print edition of the specified title in an editorial context only.

15. (a) Once The buyer has made a booking for a specific time and date, Alessio Petti will not accept any other work from other clients for those times and dates for the assigned Photographer.

(b) As a result, once a booking is made, if it is subsequently canceled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels or reschedules a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged.

When The buyer cancels or reschedules a photography session within one week of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Alessio Petti.

16. (a) Until Alessio Petti has invoiced the reproduction fee neither party is committed to granting or acquiring any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Alessio Petti is committed to grant reproduction rights and The buyer to acquire them. If after such invoicing but before payment, The buyer requests cancellation of the reproduction rights Alessio Petti may in its discretion cancel subject to The buyer paying a cancellation fee.

(b) The buyer’s right to reproduce an Image arises only when Alessio Petti’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Alessio Petti to rescind the Agreement and rendering The buyer liable for the payment of damages.

(c) If payment is not made in accordance with (a) above then Alessio Petti may rescind this Agreement and recover damages.

(d) Alessio Petti reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.

(e) Once a booking date with Alessio Petti has been scheduled, The Client will have a personalised payment schedule to fulfil prior to the client’s session. These payment options are very flexible to suit each individual client and their needs. However, failure to fulfil these payments will result in the client’s session being canceled and any payment made prior to the official cancellation won’t be refunded. If the client has 2 or more overdue notices from Alessio Petti that are ongoing and yet to be resolved, their session will be canceled. Failure to respond to any emails regarding the reason your payments have been missed, or not having shown an attempt to resolve overdue payments, will result in your session being canceled. If there is a personal reason or circumstance preventing you from paying these instalments on time, the client needs to contact the studio to amend her/his invoices so that the session will not be automatically removed.

(f) Order Changes and Cancelletion: Due to the custom and digital/download feature of the work, all sales are final. Digital products or collection purchase which includes digital files may not be returned or cancelled for refund. Once an order is sent to the lab and/or digital files are received via USB or via email notification, it is deemed non-refundable.

17. On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition, or Order for winding up being made against it, or if a Receiver is appointed, Alessio Petti may at any time thereafter inspect any records, accounts, and books relating to the reproduction of its images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.

(a) Alessio Petti will edit and deliver what it considers to be the best of every situation covered. As a result, raw files will not be supplied to the client. Alessio Petti makes no undertaking to keep any files not intended for use.

(b) No addition to, deletion from alteration to, or adaptation of an image may be made without the written permission of Alessio Petti.. (c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

18. In the case of printed publications, three copies of the relevant pages containing any image supplied are to be furnished to Alessio Petti free of charge within two weeks. In other media, evidence of use must be made available if requested.

(a) While Alessio Petti takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use or reproduction of any image or its caption.

(b) The Client agrees to indemnify Alessio Petti in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Alessio Petti.

(c) It is the Client who must satisfy himself that all necessary rights, model releases, or consents which may be required for reproduction, are obtained and it is acknowledged that Alessio Petti gives no warranty or undertaking that any such rights, model releases, or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image is issued or reproduced by or with the authority of the Client then, the Client shall indemnify %business_name% against any loss or damage, proceedings, or costs where such rights, releases, or consents have not been obtained.

19. Sexual assault, Verbal Abuse, use of any type of drugs at the studio are not tolerated. Alessio Petti will inform the Local Authorities and suspend the photoshoot. Any criminal offence to Alessio Petti or its property will be filed with the local Police.

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