TERMS AND CONDITIONS // PRIVACY POLICY
TERMS AND CONDITIONS
The following Terms of Use govern your use of the website www.ryanmarais.com and www.ryanmarais.com.au including any associated social media channels, as well as the services and products offered by Ryan Marais Photography. By accessing and using our Site or engaging with our Services, you enter into an agreement with Ryan Marais ABN 25 481 697 034 ("RYAN MARAIS PHOTOGRAPHY," "us," "we," or "our"), the owner and operator of the Site and Services, and you ("you," "your," or "user(s)"), as a user of our Site and/or Services.
It is important to note that by using our Site or Services, you acknowledge and agree to be bound by these Terms of Use, as well as our Privacy Policy. We may revise these Terms of Use or the Privacy Policy at any time, and we will make reasonable efforts to notify you of any updates. If you do not agree with these Terms of Use or any subsequent amendments to them, please cease using our Site and Services. We recommend keeping a copy of these Terms of Use for your records.
Please be aware that our Terms of Use cover not only the use of our Site but also any associated services we provide, such as the sale of artwork prints, calendars, real estate photography, private photography sessions, and other related photographic works created by Ryan Marais. It is essential to familiarise yourself with these terms before proceeding.
Copyright and intellectual property
All content featured on the RYAN MARAIS PHOTOGRAPHY website, as well as in our Products and Services, is either owned by or licensed to RYAN MARAIS PHOTOGRAPHY (including our affiliates and third-party licensors as applicable). This material—encompassing trademarks, trade names, designs, photographs, images, graphics, layouts and appearances is protected by Australian and international laws.
The client retains copyright of the photographs for private, domestic, and personal use only. Any sale or commercial use requires written approval from RYAN MARAIS PHOTOGRAPHY. RYAN MARAIS PHOTOGRAPHY asserts all moral rights associated with the photographs, and the client may not edit, alter, or amend the photographs without prior written consent, except for cropping. The copyright is non-transferable, and the client is prohibited from reselling, licensing, sublicensing, gifting, assigning, or transferring any rights to the photographs in any manner. Any breach of this agreement by the client will result in the immediate termination of all copyright and usage rights to any materials provided by RYAN MARAIS PHOTOGRAPHY.
LATE PAYMENT TERMS AND CONDITIONS
Real Estate & Commercial Photography Services:
Payment is due within 15 days of the invoice date.
A $50 administration fee will apply to invoices unpaid after 23 days.
A 15% late fee on the outstanding balance will be charged for invoices overdue by 30 days, recurring every 30 days until settled.
Additional fees will apply if the account is referred to a collection agency.
All fees are inclusive of GST
Architectural and Interiors Photography Services:
Payment is due within 20 days of the invoice date.
A $50 administration fee will apply to invoices unpaid after 30 days.
A 15% late fee on the outstanding balance will be charged for invoices overdue by 45 days, recurring every 30 days until settled.
Additional fees will apply if the account is referred to a collection agency.
All fees are inclusive of GST
RYAN MARAIS PHOTOGRAPHY reserves the right to suspend services until all outstanding invoices are fully settled.
If an invoice remains outstanding 60 days after it is issued, the client immediately forfeits all copyright and usage rights to any materials provided by RYAN MARAIS PHOTOGRAPHY. Any continued or unauthorised use of these materials may result in legal action, and the client may be held liable for any damages or losses arising from the unpaid invoice.
Cancellation and Rescheduling Fee Policy
To ensure fairness and efficiency, the following fees apply to all photography bookings. Reschedules are treated more flexibly as the commitment to the photoshoot remains, but short notice or no notice still impacts scheduling.
This policy ensures flexibility while maintaining fairness and accountability for time, travel, and scheduling commitments.
Cancellations and reschedules with over 24 hours notice before the scheduled booking will not incur any fees.
Cancellations:
24 Hours' Notice
A 25% fee of the total job value applies for cancellations made at least 24 hours before the scheduled booking.4 Hours' Notice
A 50% fee of the total job value applies for cancellations made within 4 hours of the scheduled booking.No Notice (On-Site Cancellation)
If the photographer arrives on-site and the job cannot proceed, a 100% fee of the total job value will be charged.
Reschedules:
24 Hours' Notice
Reschedules made at least 24 hours before the scheduled booking will not incur any fees.4 Hours' Notice
A 25% fee of the total job value applies for reschedules made within 4 hours of the scheduled booking.No Notice (On-Site Reschedule)
If the photographer arrives on-site and the job cannot proceed, a 80% fee of the total job value will be charged.
Unforeseen Weather:
All photoshoots cancelled or postponed due to unforeseen weather conditions will not incur any charges, provided the photographer has not given prior notice suggesting a reschedule. If the photographer recommends rescheduling due to weather and the client chooses to proceed despite the conditions, all cancellation or rescheduling fees outlined above will apply if the shoot cannot go ahead as planned.
Multiple Reschedules:
If the same job is rescheduled multiple times, additional fees will apply to account for the impact on scheduling and availability. A 15% fee of the total job value will be charged for each subsequent reschedule, regardless of notice provided.
Reschedules Leading to Cancellations:
If a rescheduled booking is later cancelled, any rescheduling fees already applied will be updated to match the applicable cancellation fee based on the notice period provided.
Limitation of Liability
By accessing or using the Website and/or the Products and Services provided by RYAN MARAIS PHOTOGRAPHY, you acknowledge that RYAN MARAIS PHOTOGRAPHY cannot be held liable for any loss or damage you may experience. This includes any errors or omissions in the information provided, reliance on any content, products, or services featured on this site, or engagement with external links or advertisements. Your use of any materials found here is entirely at your own risk, and you are responsible for ensuring they meet your specific needs. Please be aware that some content may contain inaccuracies or mistakes, and RYAN MARAIS PHOTOGRAPHY expressly disclaims liability for such issues to the fullest extent permitted by Australian law.
Our total liability, under any circumstances, is limited to the total amount of fees paid for our services. We do not accept responsibility for any indirect, incidental, or consequential losses or damages arising from or related to our services.
We take all reasonable precautions to prevent any damage to property during photoshoots by exercising professional care and handling to minimise potential risk. However, RYAN MARAIS PHOTOGRAPHY cannot be held liable for any property damage that may occur, whether accidental or otherwise.
Indemnification
By accessing or using the Website and/or the Products and Services provided by RYAN MARAIS PHOTOGRAPHY, you agree to defend, indemnify, and hold RYAN MARAIS PHOTOGRAPHY, its parent companies, affiliated entities, directors, contractors, and agents harmless from and against any claims, actions, suits, demands, damages, liabilities, costs, or expenses (including legal fees and expenses on a full indemnity basis) arising out of or relating to your use of or access to the Website or the Products and Services, any breach of these Terms of Service, any willful, unlawful, or negligent act or omission on your part, or any violation of applicable laws or the rights of any third party.
MISCELLANEOUS
a. The headings used in these Terms and Conditions are provided solely for convenience and do not influence or limit the interpretation of any provision.
b. If RYAN MARAIS PHOTOGRAPHY chooses not to enforce any particular right or term under these Terms and Conditions, this choice does not constitute a waiver of that right or term.
c. Any ambiguity in how these Terms and Conditions are interpreted will not be construed to the disadvantage of the party responsible for drafting them.
d. These Terms and Conditions, along with the RYAN MARAIS PHOTOGRAPHY website and our products and services, are governed by the laws of Queensland. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Queensland.
e. Should any part of these Terms and Conditions be found unlawful, void, or otherwise unenforceable, that portion is deemed severable and will not affect the validity and enforceability of the remaining provisions, which remain in full effect.
f. You agree to make every reasonable effort to resolve any dispute arising from or related to these Terms and Conditions directly with RYAN MARAIS PHOTOGRAPHY before pursuing external dispute resolution. Please provide us with written notice of any concerns you have.
g. These Terms and Conditions represent the entire understanding between the parties concerning their subject matter. All prior communications—whether written or oral—are superseded by these Terms and Conditions and do not alter their interpretation. Each party confirms that it has relied solely on its own inquiries prior to entering into this agreement.
PRIVACY POLICY
RYAN MARAIS PHOTOGRAPHY is committed to protect and maintain security, privacy and accuracy of personal information under The Commonwealth Privacy Act 1988.
Any personal information that you provide with us will only be used for the purpose it was intended for.
Collection of your personal information
There are many aspects of the Site which can be viewed without providing personal information, however, for access to future RYAN MARAIS PHOTOGRAPHY customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to, processing transactions such as PayPal or customer freight shipping. We will never under any circumstances share or sell your personal information to any third party.
Use of your personal information
RYAN MARAIS PHOTOGRAPHY utilises data for various purposes such as providing and maintaining our service, notifying you about changes to our service, allowing you to participate in interactive features of our service when you choose to do so, providing customer support, gathering analysis or valuable information so we can continue to improve our service, detecting, preventing, and addressing any technical issues, and providing you with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Accessing your personal information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons.
DATA Security
Credit card payments are secured using 128-bit SSL encryption. This ensures all credit card details you send to us via the internet will be encrypted. If any other user intercepts the communication, they will only be able to view the encrypted form. This makes it impossible to be intercepted by an unauthorized party as long as your browser supports the use of encrypted data transmissions.
Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Website from those we actually know are under 15, and no part of our website is specifically structured to attract anyone under 15.
How you can access or update your information
You can access and modify all of your personally identifiable information that we collect online. We use this procedure to better safeguard your information. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Links to other sites
At times, this website will contain external links to other sites including but not limited to Instagram, PayPal, FaceBook, Twitter, MailChimp, YouTube, Google Drive, Issuu and more.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party Sites or Services.
Changes to this policy
Last Updated: 17/02/2025
RYAN MARAIS PHOTOGRAPHY reserves the right to make changes to Terms and Conditions/Privacy policy at any time. If you have any objections to our policies we ask that you do not continue using our Site and Services.
Contact Us
If you have any questions about our policies, please contact us:
Call: 0407 823 473
Post: Attn: Privacy Policy
Ryan Marais Photography
PO BOX 753
Robina, Australia
AUSTRALIA
Email: ryan@ryanmarais.com