By sophie legal policies

WEBSITE TERMS & CONDITIONS

By Sophie Photography
Busselton, Western Australia
bysophiephotography.com.au

Last updated: 29 August 2026

1. ABOUT THESE TERMS

These Terms & Conditions apply to your use of the By Sophie Photography website, located at bysophiephotography.com.au, and any content, information, forms or services made available through the website.

By accessing or using this website, you agree to be bound by these Terms & Conditions. If you do not agree with these terms, please do not use the website.

These Terms & Conditions apply to use of the website only. Separate terms, booking conditions, contracts or agreements may apply when you book photography services with By Sophie Photography.

2. ABOUT BY SOPHIE PHOTOGRAPHY

By Sophie Photography is a photography business based in Busselton, Western Australia.

By Sophie Photography provides photography services including, but not limited to, maternity, newborn, family, birth, elopement, branding, event and other photography services.

Information displayed on this website is provided for general information and marketing purposes and does not constitute a guarantee that a particular service, package, date, location or product will be available.

3. WEBSITE CONTENT

I make reasonable efforts to ensure that information on this website is accurate and current. However, information may change from time to time, including photography packages, pricing, availability, locations, inclusions and services.

I reserve the right to update, change, remove or add website content at any time without notice.

Photographs displayed on the website are examples of my work and are intended to demonstrate my photographic style. Individual photography results will naturally vary depending on factors including lighting, location, weather, subjects, cooperation of children, circumstances of the session and other factors outside my control.

4. PHOTOGRAPHY WORK AND COPYRIGHT

Unless otherwise stated, all photographs, images, videos and other visual content displayed on this website are the property of By Sophie Photography or are used with appropriate permission.

All photographs are protected by applicable copyright laws.

You must not copy, reproduce, download, screenshot, modify, edit, sell, distribute, publish, use commercially or otherwise reproduce any photographs displayed on this website without my prior written permission.

If you would like to share an image from my website or social media, please contact me for permission where required and provide appropriate credit.

5. INTELLECTUAL PROPERTY

All content on this website, including but not limited to:

  • photographs and images;
  • logos and branding;
  • business names;
  • written content;
  • graphics;
  • website design;
  • guides and resources;
  • videos;
  • downloadable materials; and
  • other original content,

is owned by or licensed to By Sophie Photography unless otherwise stated.

You may view the website and its content for your own personal, non-commercial use.

You must not reproduce, copy, adapt, distribute, publish, sell or commercially exploit website content without my prior written permission.

6. USING THE WEBSITE

You agree to use this website only for lawful purposes.

You must not:

  • use the website for fraudulent, unlawful or harmful purposes;
  • attempt to gain unauthorised access to the website or its systems;
  • interfere with the operation or security of the website;
  • introduce malicious software, viruses or harmful code;
  • scrape, copy or systematically collect website content without permission;
  • impersonate another person; or
  • use information obtained from the website in a way that infringes my rights or the rights of another person.

7. ENQUIRIES AND CONTACT FORMS

Submitting an enquiry through the website does not guarantee that a booking has been made.

A photography date is only considered booked once I have confirmed the booking and any required booking fee, deposit or session fee has been paid in accordance with the applicable booking terms.

Information submitted through website forms may be collected and used in accordance with my Privacy Policy.

8. PRICING AND AVAILABILITY

Prices, packages and availability displayed on the website are subject to change.

Where a price or package has been quoted directly to you, the terms of that specific quote, invoice or booking agreement will apply.

Website pricing may not include additional fees that could apply to a particular booking, such as travel, location fees, additional images, products or other agreed services.

I will provide applicable pricing and inclusions before you commit to a booking.

9. PHOTOGRAPHY BOOKINGS

Using this website does not itself create a photographer-client relationship or guarantee the availability of By Sophie Photography.

When you book a photography service, you may be required to agree to separate booking terms, a photography contract, invoice, model release or other applicable agreement.

If there is any inconsistency between these Website Terms & Conditions and a specific signed photography agreement, the terms of the specific photography agreement will generally apply to that booking to the extent permitted by law.

10. PAYMENTS AND ONLINE TRANSACTIONS

Where payments are made through a third-party payment or invoicing provider, the payment may be processed by that provider in accordance with its own terms and privacy policy.

By Sophie Photography does not store complete payment card details unless expressly stated otherwise.

Invoices, deposits, session fees, balances and payment deadlines are governed by the terms provided with your booking or invoice.

11. THIRD-PARTY SERVICES

By Sophie Photography uses third-party services and software to operate the business and provide services to clients.

These may include services for client management, gallery delivery, email marketing, accounting, website hosting, email, cloud storage, photography editing and file backup.

These third-party services may have their own terms and privacy policies. By Sophie Photography is not responsible for the independent operation, availability, security or privacy practices of third-party services.

12. THIRD-PARTY LINKS

The website may contain links to websites, platforms or services operated by third parties.

These links are provided for convenience and do not necessarily mean that By Sophie Photography endorses or recommends the third-party website or service.

I am not responsible for the content, availability, security or privacy practices of third-party websites.

You should review the terms and privacy policies of third-party websites before using them or providing personal information.

13. WEBSITE AVAILABILITY

I aim to keep the website available and functioning properly, but I do not guarantee that the website will always be available, uninterrupted, error-free or free from viruses or other harmful components.

The website may occasionally be unavailable due to maintenance, technical problems, updates, hosting issues or circumstances outside my reasonable control.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, By Sophie Photography is not responsible for loss or damage arising from your use of, or inability to use, this website or reliance on information contained on the website.

This includes, where legally permitted, indirect, incidental or consequential loss.

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law.

Where a liability cannot legally be excluded, my liability will be limited to the extent permitted by law.

15. INFORMATION IS GENERAL IN NATURE

Information provided through this website is for general informational purposes only.

While I aim to provide accurate information, I do not guarantee that every piece of information is complete, current or suitable for your individual circumstances.

You should contact By Sophie Photography directly if you require clarification about a service, package, price or booking.

16. TESTIMONIALS AND CLIENT FEEDBACK

Testimonials and reviews displayed on the website may have been provided by past clients.

Testimonials reflect the individual experience and opinions of those clients and may not represent the experience of every client.

I may edit testimonials for formatting, spelling or length while retaining their original meaning.

17. SOCIAL MEDIA

By Sophie Photography may operate social media accounts and may display social media content on this website.

Social media platforms are operated by third parties and are subject to their own terms and policies.

Any comments, messages or interactions through social media may also be subject to the relevant platform's rules.

18. PRIVACY

Your privacy is important to me.

Personal information collected through this website is handled in accordance with my Privacy Policy.

My Privacy Policy explains what information I collect, why I collect it, how I use and store it, the third-party services I use and how you can contact me regarding your personal information.

19. CHILDREN AND WEBSITE CONTENT

Because By Sophie Photography specialises in maternity, newborn and family photography, the website may contain photographs of children.

Images of children are displayed only where appropriate permission has been obtained.

You must not download, copy, reproduce or otherwise use photographs of children displayed on the website without permission.

20. CHANGES TO THESE TERMS

I may update these Website Terms & Conditions from time to time.

Changes will be effective when the updated version is published on this website, with the updated date shown at the top.

You should check this page periodically for any changes.

21. SEVERABILITY

If any part of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that part will be interpreted or removed to the extent necessary, while the remaining provisions will continue to operate.

22. GOVERNING LAW

These Terms & Conditions are governed by the laws of Western Australia and applicable Commonwealth laws of Australia.

Any disputes relating to the use of this website will be subject to the applicable courts and laws of Western Australia, to the extent permitted by law.

23. CONTACT

If you have any questions about these Website Terms & Conditions, please contact:

By Sophie Photography
Busselton, Western Australia
Email: [email protected]
Website: www.bysophiephotography.com.au

Last updated: 29 August 2026

Important note: These Website Terms & Conditions are a general business template and are not legal advice. They should be reviewed by an Australian lawyer if you want them specifically tailored to your business, contracts, website, photography services and obligations under Australian law.

Website Privacy Policy

By Sophie Photography
Busselton, Western Australia
bysophiephotography.com.au

Last updated: 29 August 2026

1. ABOUT BY SOPHIE PHOTOGRAPHY

By Sophie Photography is a photography business based in Busselton, Western Australia. This Privacy Policy explains what personal information I collect, why I collect it, how I use and protect it, and how you can contact me about your information.

2. INFORMATION I COLLECT

Depending on the service you enquire about or book, I may collect your full name; partner or co-parent's name; email address; phone number; residential or postal address; children's names and ages; session date, location and photography preferences; due date and intended birth location where relevant; information provided through client questionnaires, booking forms, contracts and communications; booking, invoice and payment information; photographs and videos taken during your session; and information voluntarily provided through my website, social media or other communication channels.

3. HOW I COLLECT YOUR INFORMATION

I may collect personal information when you submit an enquiry, contact me by email, phone, text message or social media, complete a booking form or questionnaire, make a payment, communicate about your session, subscribe to marketing, or provide information before, during or after a photography session. I generally collect information directly from you.

4. WHY I COLLECT YOUR INFORMATION

I collect and use your information to respond to enquiries; provide quotes; manage bookings; prepare for and conduct sessions; communicate with you; process payments and invoices; deliver photographs and galleries; provide customer service; maintain business and financial records; send requested or consented marketing communications; improve my services and website; protect my business and clients; and comply with legal and accounting obligations.

5. PHOTOGRAPHS AND IMAGES

Photographs may contain identifiable information about you, your children, partner, family members or other people photographed during a session. Photographs are primarily collected and held so I can provide the photography services you book, edit your images, create and deliver your gallery, and maintain appropriate business records.

Photographs are edited using Adobe photography software. Edited photographs may then be stored, backed up and delivered through the systems described in this Privacy Policy.

6. USE OF PHOTOGRAPHS FOR MARKETING

I will only use your photographs for my portfolio, website, social media, advertising, competitions, promotional material or other public-facing marketing purposes where you have provided the appropriate permission or consent under my booking terms or model release. You are not required to agree to marketing use of your photographs in order to book a session unless expressly stated otherwise for a particular promotion.

7. CHILDREN'S PHOTOGRAPHS

Because I specialise in maternity, newborn and family photography, many images feature children and babies. I treat photographs of children with particular care. Where photographs of children are used publicly for marketing purposes, I rely on permission provided by a parent or legal guardian where required.

8. BIRTH PHOTOGRAPHY AND SENSITIVE INFORMATION

Birth photography can involve information that is deeply personal and private. Birth clients may provide information relating to pregnancy, planned birth, birth location, support people, medical circumstances or other details necessary for the photography service.

I will treat this information confidentially and will only use or disclose it for purposes connected with providing my services, managing my business, complying with legal obligations, or where you have given permission.

9. WHO I MAY SHARE YOUR INFORMATION WITH

I use trusted third-party software and service providers to help me operate By Sophie Photography and provide photography services to my clients.

These providers may include:

Studio Ninja – I use Studio Ninja as my client relationship management (CRM) and booking system. Client information may be stored within Studio Ninja for purposes including enquiries, bookings, contracts, questionnaires, client communication and business administration.

Pixieset – I use Pixieset for online photography gallery delivery and image hosting. Your name, email address and photographs may be uploaded to Pixieset so that I can create and deliver your private photography gallery.

Flodesk – I use Flodesk for email marketing. If you subscribe to my marketing communications, your name and email address may be stored and processed through Flodesk for the purpose of sending newsletters, promotions and other marketing communications.

Xero – I use Xero for invoicing, accounting and financial record keeping. Information such as your name, contact details, invoice details and payment information may be stored in Xero where required for business and accounting purposes.

Google – I use Google services for business email and related business services. Your communications with me may therefore be processed or stored through Google services.

Dropbox – I use Dropbox for digital file storage and backup of business information and photography files.

Google storage services – I may use Google storage services for the storage and backup of business information and photography files.

External hard drives – I use physical hard drives to store and back up photography files and business information. These drives are kept under my control and reasonable security measures are taken to protect the information stored on them.

Adobe – I use Adobe software to edit and process photographs. Photography files may be processed through Adobe applications as part of providing the photography services.

Other service providers may be used from time to time where reasonably necessary to operate my business or provide services to you.

I may also disclose information to professional advisers, a second or associate photographer where relevant to your booking, or government agencies or authorities where legally required.

I do not sell your personal information.

10. OVERSEAS SERVICE PROVIDERS

Some of the third-party technology and service providers used by By Sophie Photography may store or process information outside Australia.

This may include personal information, client information and photographs. These providers may include Studio Ninja, Pixieset, Flodesk, Xero, Google, Dropbox and Adobe, depending on the service being used and the provider's current data storage and processing arrangements.

These third-party providers operate under their own privacy policies and terms. Where practical, I will take reasonable steps to use reputable providers and will update this Privacy Policy if there are significant changes to the providers I use.

11. HOW I STORE AND PROTECT YOUR INFORMATION

I take reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure.

Depending on the information, this may include password-protected accounts, secure cloud storage, access controls, secure online galleries, device security, physical hard-drive backups and secure payment and accounting systems.

I maintain backups of photography files using a combination of cloud storage services, including Dropbox and Google storage services, as well as physical hard drives.

No electronic storage, online service or transmission method can be guaranteed to be completely secure.

12. HOW LONG I KEEP YOUR INFORMATION

I retain personal information for as long as reasonably necessary for providing services, maintaining business records, resolving disputes, protecting my business and meeting legal or accounting requirements.

Photographs may be retained after gallery delivery for purposes such as backup, gallery access, re-ordering or business records.

If you require photographs to be permanently deleted after delivery, you may contact me to discuss the request. Some information may need to be retained where I have a legal, contractual, insurance or legitimate business reason to do so.

13. WEBSITE COOKIES AND ANALYTICS

My website may use cookies, analytics tools and similar technologies to help the website function, understand how visitors use it and improve the user experience.

These technologies may collect information such as IP address, browser type, device information, pages visited, approximate location, time spent on the website and how you arrived at the website.

Third-party providers may handle information under their own privacy policies.

You can manage or disable cookies through your browser settings.

14. EMAIL MARKETING

If you choose to subscribe to my email list, I may collect your name and email address to send newsletters, promotions, booking information, photography updates and other communications.

I use Flodesk to manage and send marketing emails.

You can unsubscribe from marketing emails at any time using the unsubscribe link provided in the email or by contacting me. Unsubscribing will not affect communications necessary for an existing booking or contractual relationship.

15. YOUR PRIVACY RIGHTS

Depending on whether and how the Privacy Act 1988 (Cth) applies to my business, you may have rights relating to your personal information.

You may contact me to ask what personal information I hold, request access, ask for correction, ask questions about how information is used, raise a privacy concern, or withdraw consent where consent is the basis for a particular use.

I will respond to reasonable requests within a reasonable timeframe. Some requests may be limited by legal obligations or other lawful grounds.

16. PRIVACY COMPLAINTS

If you believe I have mishandled your personal information, please contact me first so I have an opportunity to understand and resolve your concern.

Please provide as much information as possible about what happened and the outcome you are seeking.

If the Privacy Act applies and you are not satisfied with my response, you may be able to make a complaint to the Office of the Australian Information Commissioner (OAIC).

17. THIRD-PARTY WEBSITES

My website and social media pages may contain links to third-party websites or services.

I am not responsible for the privacy practices, security or content of third-party websites. I recommend reviewing their privacy policies before providing personal information.

18. CHANGES TO THIS PRIVACY POLICY

I may update this Privacy Policy from time to time to reflect changes to my business, technology, service providers or legal requirements.

The updated version will be published on my website with the updated date shown at the top.

19. CONTACT

If you have any questions about this Privacy Policy, want to request access to or correction of your personal information, or have a privacy concern, please contact:

By Sophie Photography
Busselton, Western Australia
Email: [email protected]
Website: www.bysophiephotography.com.au

Last updated: 29 August 2026

Important note: These Website Terms & Conditions are a general business template and are not legal advice. They should be reviewed by an Australian lawyer if you want them specifically tailored to your business, contracts, website, photography services and obligations under Australian law.