Magic Photography – Terms and Conditions
Updated: August 2025
These Terms and Conditions explain how Magic Photography provides its services. By booking, registering, or purchasing with us, you agree to the following:
1. Our Services and Contact
Magic Photography Pty Ltd ATF Alvarado Picker Family Trust (ABN 78308807545) provides professional photography services to childcare centres, schools, and families.
Contact:
Email: [email protected]
Website: www.magicphotography.com.au
We are always improving our services and may make small updates from time to time.
2. Consent
When you register your child online, you are giving permission for them to be photographed. Only children who are registered by their parents will be photographed.
Some centres may also choose to offer a collage-style group photo. This is a digital group image created from individual portraits and includes only registered and authorised children. If your centre decides to include a collage photo and you do not wish for your child to appear in it, please tell us before the end of Photo Week so we can exclude them from the final layout.
Consent for all photography (including collage group images) is provided when registration is completed. If you have any questions about consent or participation, please contact us before Photo Week.
3. Storage and Deletion of Images
- All images are stored securely on encrypted servers managed by trusted providers.
- We do not keep copies on personal or local devices.
- Each family has a private, password-protected gallery to view and purchase photos.
- Images remain available long-term so families can reorder, replace lost files, or view their child’s growth over the years.
- Parents can request deletion of their child’s images at any time, and we are prepared to process such requests promptly (typically the same day).
- While we take every precaution to protect data, we are not responsible for loss or corruption caused by factors beyond our control (for example, third-party service outages).
4. Cultural Protocols
When photographing Aboriginal and Torres Strait Islander children, we follow the directions of the childcare centre or school regarding cultural protocols to ensure respectful and appropriate practices.
5. Intellectual Property
Families may use purchased photographs freely for personal purposes. All intellectual-property rights remain with Magic Photography.
If an image is used commercially, entered into a competition, or wins an award, Magic Photography retains the right to be credited and to share in any prize money, royalties, or other financial benefit. For everyday family use, ownership rests with the family.
6. Orders, Payment, and Refunds
- Prices are shown on our store website and include GST.
- Orders placed after the free delivery-to-centre period may incur a delivery fee.
- We aim to capture genuine, natural moments — expressions and poses vary by child, and this is not considered a fault under Australian Consumer Law.
- Because all images are personalised, refunds are generally not available once an order has been placed.
- If something goes wrong (printing error, wrong order, or defective product), we will arrange a fair solution such as reprint, exchange, or refund.
- Digital images cannot be refunded once downloaded unless the file is corrupted or unusable, in which case we will provide a replacement.
7. Liability
We provide our services with reasonable care and skill. Our responsibility is limited to reprinting, replacing, or refunding the value of your order. We are not liable for indirect or follow-on losses (for example, missed deadlines or data loss on your devices). This limitation does not apply in cases of fraud or personal injury caused by our negligence.
8. Communication
You can contact us at [email protected]. We will only contact you about your child’s photos, orders, or gallery access. Please make sure your contact details are current so we can reach you if needed.
9. Dispute Resolution
If a disagreement arises that we can’t resolve directly, either party may request mediation. If mediation fails, disputes will be handled in Australian courts under Victorian law.
10. General
These Terms form the complete agreement between Magic Photography and the client. Delays or failure to enforce a right do not waive that right. These Terms are governed by Australian law.
