THIS AGREEMENT GOVERNS YOUR (THE CUSTOMER, “YOU”) USE OF “LK DIGITAL” WEBSITE AND ANY PURCHASES, BOOKINGS, SERVICES OR OTHER COMMITTED ITEMS COMING FROM LK DIGITAL.

This Website and any subsidiaries that LK Digital uses, herein referred to as, (the “Website”), are reserved or owned and operated by LK Digital. Access and use of this Website is provided by LK Digital to you on condition that you accept the Terms of Use written on this page, and by accessing or using this Website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website.

LK Digital may revise and update these Terms of Use at any time and without notice. It is your responsibility to ensure you have reviewed the most current Terms of Use posted on the Website prior to engaging in the website. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Website and its contents (the "Content") are intended for customers of LK Digital. You may not use this Website or the Content for any purpose not related to your business with LK Digital. You are specifically prohibited from: (a) unauthorised downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with LK Digital; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service if you are not expressly authorised by LK Digital or approved LK Digital ‘party’ to do so; and (e) using the Website or the Content other than for its intended purpose.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

Intellectual Property

All materials (including the organisation and presentation of such material) on this Website (the “Materials”) are the property of LK Digital and its licensors are almost always protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with LK Digital, any other use of these Materials without LK Digital's written permission is strictly prohibited.

The Materials may only be used and copied for your own purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

Privacy

The Website is committed to respecting the privacy of the personal information of the individuals with whom we interact. Please see our Privacy Policy for further details.

Website and Materials Provided "As Is"

THIS WEBSITE AND THE CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LK DIGITAL DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL LK DIGITAL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

General

LK Digital’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Model Portfolio Sessions

At LK Digital, we want to work in with your branding, styled looks and locations you would like to see, and LK Digital will always endeavour to deliver on your full expectations. However, LK Digital governs overall discretion including weather, location, shooting techniques, styling, etc.

Model Release Forms must be completely filled in prior to commencement of the photographing/recording the portfolio session. Any models under 18 must have a parent/guardian or authorised representative present during the photoshoot and have filled in the parent/guardian section of the Model Release Form.

The Model Release Form can be viewed and downloaded here.

We aim to tailor to your particular needs, and as such, Payment Plans and Custom photoshoots are definitely available, so please reach out to us at contact@laurencekong.com for any thoughts or ideas you have.

Contact

If you have concerns relating to this website or these Terms of Use, please contact LK DIGITAL at contact@laurencekong.com and we will be happy to assist you in any way that we can.

Contract for Services

Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of LK DIGITAL and may not be used for advertising, display or any other purpose other than personal enjoyment.

If Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the photographers’ originally agreed terms or due to Photographer’s illness or injury, then LK DIGITAL will return all fees to the client(s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.

WAIVER AND INDEMNIFICATION

Client and its agent’s, family members and assignees, if any, shall indemnify, and hold harmless, LK DIGITAL and LAURENCE KONG from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.

DEPOSITS AND RESERVED TIME

Upon signing this contract, LK DIGITAL will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or becomes cancelled for any reason.

DAY OF THE SESSION

You agree that you will be dressed in your first outfit, and arrive on time to the chosen location. If you are late, time will be taken from your session or charged under “Extra Time” herein, at the sole discretion of LK DIGITAL. Friends and family are welcome, so long as they do not interfere with the photographer and the photography taking place. Pictures with friends or family are not permitted unless it has been discussed previously with the approval of the photographer.

PAYMENT AND PACKAGES

Payment towards the rest of the package will be required on the day of shooting. You will not receive any prints, nor will an order for prints be placed unless full payment of the entire package is made. Cash, online payment (PayPal) or bank transfer are accepted forms of payment. For bank transfer, no retouching or work will be done until funds have been cleared. You may not downsize to a smaller package after you have paid the deposit for that package. However, you may upgrade to a larger package at any time, though it excludes any of the outfit changes. Separate charges will apply for the specified package.

A further payment of all necessary expenses (unless otherwise specified) such as parking, fuel, travel, taxi, hotel charges, etc., to be paid at least 7 days before the date of the event. The Client shall reimburse Photographer for any additional costs the Photographer may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services.

RECEIVING YOUR PROOFS, RETOUCHED PHOTOS AND PRINTS

For photoshoots, please allow up to 14 days from the date of your session to receive your proofs. Allow up to 30 days after you’ve selected your photos for retouching and an additional 7-14 days for your prints to be ready. Weddings and engagements are considered large orders, and need 30-45 days separately for each process: receiving proofs, retouching, and prints being ready. Times will vary on season and other factors.

RETOUCHING TIME AND PROCESS

The retouching process begins once proofs are selected. The time taken to choose proofs will serve as a factor in the retouching process. Clients who choose their proofs first will get their photos retouched first, regardless of when their photos were taken and which package they have. Any approved retouched photos may not be considered for re-editing. All changes are final once approved and any extra retouching desired by the client is subject to separate charges per revision.

BREAKS AND MEALS

The client agrees to provide refreshments or a meal for any event over 5 hours (weddings by default must provide a meal). The photographer reserves the right to a 30-45 minute rest period if event photography requires 6 hours or more.

EXTRA TIME

Any additional time spent due to the lateness of the client, retouching, or editing, that are not otherwise paid for under this Contract shall be charged at the rate of $60 per hour. LK DIGITAL may elect to perform these services or refuse them, at its sole discretion. Client agrees to pay these services as invoiced, and may be required to pay for these services ahead of their provision.

UNEDITED PHOTOS/PHOTO POLICY

Client agrees that unedited photos will not be shared for any reason. The only unedited photos the Client will receive are the thumbnails for the proofs to choose for retouching. Client agrees not to post or otherwise share unedited photos. Only your retouched photos will be released. If you would like to purchase additional photos, you must buy each photo separate from your package.

All outtakes and unedited photos are the property of LK DIGITAL and are not to be shared, distributed or posted under any circumstances.

OVERALL APPEARANCE AND PERSONAL ITEMS

The photographer is not responsible for any missing, damaged or altered clothing/material belonging to the client. Please be aware that for some photos you may or may not get dirty. It is ultimately your responsibility to make sure your clothes, makeup, hair and overall appearance are the way you want

for the photos. The photographer is not responsible for any styling, makeup issues, hair problems or any other factors in the photography other than the directing and photography of the client.

WEATHER AND SESSION CHANGES/LOCATIONS

You are able to switch your day because of weather or personal reasons, so long as no other sessions are scheduled that day and it works for the photographer. Locations within 15 minutes of the the City are free. Any other location outside 15 minutes of the Brisbane City is subject to a separate charge based on distance. Cost of location permits for shooting or availability and the choosing of a location is the responsibility of the client. Unless otherwise stated, all photo sessions come with ONE location in Brisbane. Add-on locations are additional cost.

CLIENT’S COOPERATION

Deliverable items and shots are contingent upon the client performing actions and cooperating with the photographer. The photographer is not liable if the client’s neglect leads to a compromise of what has been agreed upon. (i.e. agreeing to take photos of a bride getting ready, but she does not make herself available for the time). The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.

DIGITAL FILES, CDs AND EXTRA PRINTS

CDs are not available through LK DIGITAL. All files will ordinarily be sent digitally through dropbox, lightroom, google drive or email and will be made available for download. Any additional prints or edited photos ordered are non-refundable, whether or not client decides to keep them.

REFUNDS

If you are not satisfied with your photos, you may be refunded half of the total package if the issue stems on the photographers end. You will only be eligible if you have made this known to the photographer before any retouching is made and only if the photographer agrees that it is appropriate. If you choose to re-do your photos for any reason, it will be considered as a new session and you will need to purchase a new package. The deposit is non- refundable. In the event of an emergency; equipment failure or any other unforeseeable circumstances, the photographer will refund any money that has been paid to the photographer for that shoot and will not be liable for any other expenses. The client(s) agree that an entire wedding/event cannot be replicated, reenacted or repeated for the purpose of a re shoot.

EXCLUSIVITY

It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Photographer is working. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event/session. Guests, Family and friends of the Client shall be permitted to photograph using mobile phones only as long as they shall not interfere with the Photographer’s duties.

PHOTO REORDERING AND TIME FRAME

You may reorder more photos from your session by purchasing your digital files. To keep organised and conserve space, your photos may be deleted or unavailable 120 days after your session has taken place, and you waive any and all claims against LK DIGITAL for the unavailability of such photos, even if you must replace them at your own cost. Therefore, it is recommended that you pick your photos out and finalise your choices with the photographer as soon as possible.

PICK UP AND FINALISATION

It is the responsibility of the client to pick up any prints in a timely manner. Pick up time must be appropriate with the photographer and made aware two days before arriving to the pick up location. It is recommended that the client pick up prints within the week that they arrive to avoid any delays or issues.

You will be contacted and made aware when your photos are ready, but it is your responsibility to check your email for your proofs or retouched photos.

By signing, the parties agree that they fully understand and will be bound only by the terms above. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.