1. The conditions of sale set out below shall apply to all bookings and/or contracts for the supply of goods and services made with Cooper Studio and in the event of a conflict or inconsistency between these conditions and others which may be implied by, or included in any document or verbal representation forming part of an enquiry, booking, order or contract then these conditions shall prevail except in so far as these conditions are varied by law. Any part of these conditions found to be contrary to law shall only affect that part, the remainder shall remain in force.
2.Bookings and Shoots
2.1 We will undertake all assignments with due diligence and skill however as successful completion of photography assignments is usually dependent on factors beyond our control, including behaviour of subjects, actions of third parties, light, and weather, Cooper Studio can not be held materially responsible for failure to fully or partly complete an assignment. Likewise we cannot accept responsibility for loss or damage caused by material failure, equipment or plant failure.
2.2 Cooper Studio seeks to provide a safe and supportive work environment for staff, which is free from harassment, and a welcoming and safe environment for visitors. As such we may decline, suspend or terminate any assignment or interaction which is deemed to pose an unacceptable risk or may negatively impact our staff workplace rights or the comfort or enjoyment of visitors.
2.3 All bookings must be made by a person aged 18 years or older. The person making the booking must be an attendee at the shoot and viewing. Any persons under the age of 18 years must be supervised by a parent or legal garden for the entirety of their visit to our studio or while on location. Cooper Studio is not in a position to offer creche or babysitting services and parental supervision of minors is required at all times.
2.4 Cooper Studio does not undertake all forms of photography and our photographers, while collaborating closely with our customers, maintain creative control of each shoot. We reserve the right to refuse or charge a surcharge for certain assignments which do not fit within the usual style of our work.
2.5 Unless otherwise specified, all shoots and appointments will begin, and be carried out, at our Studio location.
2.6 We request that customers confirm their attendance between 24 and 72 hours prior to their shoot time. Where we are unable to confirm an appointment we reserve the right to cancel the appointment without further notice.
2.7 We reserve the right to postpone a shoot appointment in the event of staff sickness, unfavourable weather (outdoor portrait shoots only) or catastrophic equipment or plant failure. In the case of wedding assignments we will make reasonable attempts to provide another photographer or equipment should we be unable to attend.
2.8 In order to protect our creative rights, no photography or video by non-Cooper Studio photographers is permitted in the studio or on assignment (for portrait assignments).
2.9 We reserve the right to terminate or suspend service without compensation or refund if the terms of this section are not observed.
3.1 At Cooper Studio we provide special facilities for viewing photographs shot by us, under optimal conditions. All initial orders will be placed at a scheduled viewing at the studio. The person making the booking must be available for the viewing. Re-orders may be placed by phone or email.
3.2 We encourage customers to bring a friend or relative to provide opinion, advice and support at the viewing appointment. We are only able to hold a single viewing appointment for operational reasons.
3.3 As we are realistically unable to prevent unauthorised copying, we do not permit remote viewing of images which have not been ordered.
3.4 All orders are deemed final at the time of placement. We do not offer refunds simply for changes of mind. We do however comply with the replacement / refund provisions of Western Australian consumer law.
3.5 A minimum 66 per cent deposit is required at time of order placement unless one of our payment plans is used.
3.6 Payment may be made by cash, Visa, Mastercard, American Express, bank transfer or by use of one of our payment plans (ID and bank details required).
3.7 Unfortunately we cannot accept orders from persons under 18-years-0f-age. Where the participant in a shoot is under 18, an adult must accompany that person in the viewing and sign for any order made.
3.8 Cooper Studio undertakes to store copies of ordered images for a period of 24-months, during which time customers are welcome to re-order those images. However we will not be materially liable for loss of images due to human error or equipment failure (ie a hard drive crash). Where images have been ordered but not yet delivered our maximum liability for loss of images shall be limited to any monies already paid to us for those images. Due to the volume of work we carry out, we are unable to guarantee the future availability of any image which is not ordered at the first viewing.
3.9 Full payment is required before goods are released.
4.0 Product Specifications and Retouching.
4.1 The customer acknowledges that any product specifications (size, weight etc) provided are of a general nature and may vary slightly from samples shown or written orders. In particular, and as our products are mostly hand made, there may be minor (non-functional) variations to size and small variations to finish.
4.2 In pursuit of quality, most Cooper Studio images are re-mastered and carefully retouched after ordering. The customer acknowledges and accepts that there may therefore be minor variations between the image as ordered and as delivered.
4.3 Where no special retouching request has been written on the order form the customer acknowledges that any retouching or lack of retouching will be at the discretion of our retouching team.
4.4 Where a special retouching request has been made we will do our best to carry it out, but the customer agrees to accept the expert judgement of the retouching team in terms of actual execution.
4.5 Complimentary digital images. Digital images provided with orders of printed products are for personal use only, and constitute the working digital file used for printing the ordered artwork. Digital images, where provided, are always complimentary and do not form a paid part of any order. As such we do not guarantee fitness for any particular purpose and exclude all other warranties and guarantees.
5. Copyright and Moral Rights
5.1 Cooper Studio shall be the owner of all copyright and moral rights in any images produced for any assignment. For the avoidance of any doubt, the customer assigns worldwide copyright and moral rights to Cooper Studio in perpetuity.
5.2 Cooper Studio may use images from your shoot. Should you not wish this, you may negotiate to opt out in writing prior to the commencement of your shoot. Cooper Studio or its assignees or licensees may use the photographs from your shoot or drawings or reproductions or adaptations therefrom, either complete or in part alone or in conjunction with any wording or drawings for all uses including publicity, merchandising and or editorial purposes in any country. Unless otherwise agreed the photographs and any drawings or adaptations thereof shall be deemed to represent an imaginary person. You agree that you shall not receive payment, nor do you have any interest in the copyright of the photographs. You agree to hold harmless Cooper Studio, its staff, owners, assignees and licensees from any claim by any person, including other participants in your shoot.
6.1 Delivery of goods takes place when goods have been paid for in full (or a valid and approved Certegy agreement or accelerated Artpay agreement has been activated) and sufficient time has passed to allow for order production.
6.2 Production time varies depending on the nature of work, but orders will typically be ready 14-31 days from order date (except where a delayed payment schedule has been agreed). Wedding albums typically take 12 weeks. Delays may occur over the Christmas period as many of our suppliers close down for around 14 days. Delays occasionally occur as artwork is sometimes rejected by our internal quality control proceedures, and needs to be re-done.
6.3 Notification. We use text messages and the email address provided on your order form to notify you that your order is ready. We will text message you in the first instance and send you an email if we do not reach you.
6.4 . Delayed delivery payment schedules: Where a payment schedule (ie Artpay or FFA Paysmart) has been agreed, work will be scheduled for delivery when 75 per cent of the order is expected to be paid. While we typically carry out all digital work shortly after an order is placed, we usually delay physical production in order to minimise shop soiling. Customers are welcome to pay out their schedule early. In this case work can typically be ready between 14-31 days from the payout date.
6.5 Collection. Due to the delicate nature of our artwork, we strongly advise collection in person or by an appointed agent (friend or relative). We ask that customers make an appointment for collection in order to ensure personal service. Appointments can be made by calling 08 94334312. Collections are typically available during normal business hours.
6.6 Inspection. Each piece of artwork undergoes a rigorous quality control process and should be presented to the customer in pristine condition. However customers should inspect each piece before leaving the premises as we can not automatically take responsibility for damage once a piece has been taken out of our care.
7. Postponements and Cancellations
7.1 Postponements and cancellations are handled in accordance with our cancellations policy here.
8. Special offers and gift cards
8.1 Terms for gift card redemption are governed by our gift cards policy here.
9. Competition terms and Conditions
9.1 General terms for our competitions can be found here.
10.1 By booking a shoot with us or purchasing from us, you consent to be bound by these Terms of Trade.
11. Changes to this Policy
11.1 Should we decide to modify this policy we will update the policy modification date below:
Last Modified: January 27, 2017 (updated section 6 to allow for changed notification procedure and delayed payment provider details. Updated clause 2.3 requiring attendance of person making booking. Updated clause 3.1 for same.)