TERMS AND CONDITIONS
Effective Date: 1st July 2025
This Site is owned and operated by Elk and Fir Photography Pty Ltd (ABN 25 654 987 872) trading as Elk and Fir Photography (referred to in these terms as "Elk and Fir Photography", "we", "us", and "our"). Please take the time to read the terms of use that apply to your use and enjoyment of our Sites and the content made available to you via our Sites and our social media channels ("Terms"). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Sites ("user", "you" and "your").

CONSENT TO SITE TERMS
By accessing and using our Sites (elkandfir.com, elkandfir_boudoir.com, and venturefolkretreat.com.au), our social media channels (@elkandfir, @leluxeboudoir_brisbane, @venturefolkretreat) and any other materials made available to you or provided to you on our Sites (whether available for purchase or not), you are taken to accept our Terms.

NO MINORS
By using the Sites or accessing or purchasing any photography services or products, you warrant that you:
are over 18 years of age and have the legal capacity to enter into a legally binding contract;
have read and accepted these Terms; and
will comply with these Terms.

CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Sites. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Sites, photography services and content. If at any time you choose not to accept these Terms, you should not use our Sites.
Your continued use of our Sites is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click "Agree" or "Accept" or "Buy" or "Book" where such an option is made available to you. If you are uncertain about the Terms or anything else on our Sites, please don't hesitate to contact us at hello@elkandfir.com before proceeding with any purchase or booking.

INTELLECTUAL PROPERTY
Our Sites, photography services and products contain intellectual property owned by us and/or by third parties that licence the content to us ("Third-Party Licensed Intellectual Property"). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, photographs, images, designs, text, videos, audio files, graphics, other files, and software ("Content"). Your access to and use of our Sites, photography services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Sites, photography services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Sites, photography services, and Content, without refund, if you are found to be violating these Terms.
Limited Licence
Where you download or purchase our Digital Products (including photography guides, checklists, ebooks, workbooks, video or audio content from Venture Folk Retreat), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any photography services and/or products to you at any time for any reason.

LINKS TO OTHER WEBSITES
Our Sites and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It's up to you to decide if those websites and their content are suitable and appropriate for you.

PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed on our Sites. By using our Sites, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

CREATING AN ACCOUNT
To place orders for photography services and access some features of the Sites, you may need to register an account. This means you will have to give us accurate information, including your name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including bookings placed on your account), so keep your account password secure. We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

PHOTOGRAPHY SERVICES
Our photography services include wedding photography, elopement photography, boudoir photography (Le Luxe Boudoir), and educational photography retreats (Venture Folk Retreat). We specialise in photographing 10-15 intimate weddings and elopements per year, focusing on cinematic storytelling for wanderlust couples.
When you book our photography services, you acknowledge that:
We will provide comprehensive support including location scouting and planning guidance
We maintain creative control over the artistic direction of your photography
Weather conditions and other factors beyond our control may affect outdoor photography sessions
We will provide you with a personalised timeline during our initial consultation

DIGITAL PRODUCTS
Where you download or purchase our Digital Products (including Venture Folk Retreat materials), you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.

REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no refund policy. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.

PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Sites may change at any time without advance notice to you. Photography service bookings will be charged at the price in force at the time your booking is confirmed.
We reserve the right at any time to modify or discontinue photography services or products without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of photography services or products.
We offer the option to pay for our photography services and products by credit card or such other method of payment as indicated on our Sites. You acknowledge and agree to make timely and full payments to us for the photography services and products purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card.

CANCELLATIONS FOR PHOTOGRAPHY SERVICES
We reserve the right to postpone or cancel the Photography Services, or reschedule them at a mutually convenient time, for any reason. If the Photography Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Photography Services.
Should you need to cancel any part of our photography services for any reason, or you wish to reschedule the services, but we are unavailable on the new date, you acknowledge that your initial deposit is non-refundable.
When you cancel the Photography Services, you must notify us via hello@elkandfir.com 14 days prior to your scheduled session. If at least 14 days' written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the Photography Services.
If you have cancelled the Photography Services and provided the requisite notice, you can either suspend the Services for a maximum of 3 months; or obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.
Where a Force Majeure event (including extreme weather conditions) necessitates that any part of our photography services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.

REFUNDS FOR PHOTOGRAPHY SERVICES
You will only be entitled to a refund at our sole discretion or where we determine that we are unable to perform the photography services for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on our photography services being performed in a way that is against our professional advice.
Where you have paid a deposit for our photography services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead.
Refunds in lieu of money (such as credit for other photography services) may be offered to you at our sole discretion.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Sites, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick "I agree", "I consent", or other similarly worded click or tick options by electronic means, your agreement and/or consent will be legally binding and enforceable.

INFORMATION AND ADVICE
Our Sites contain content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Sites or through our photography services and products.
We do not accept responsibility for determining whether our photography services and products are appropriate for you. We reserve the right to deny service and refund the cost of that photography service and product for any reason, including where we believe that the service would not be appropriate for you.

SUBMITTING CONTENT TO SITES AND SOCIAL MEDIA
We always appreciate interaction on our social media channels (@elkandfir, @elkandfir_boudoir, @venturefolkretreat) and feedback about our Sites, photography services and products. Through the use of our Sites, you may be invited to submit a review, and you can also comment on our blog or interact with us via our social media channels.
Where you do decide to submit such feedback or comments, you:
warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided;
give us permission to post or otherwise use that feedback on our social media or other channels;
waive any and all existing and future moral rights in the content you provide us with;
warrant that any content provided does not violate these Terms; and
warrant that you are at least 18 years old.

COMPETITIONS
We may from time to time run competitions through our Sites and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.

TESTIMONIALS
On our Sites, we present real-life examples of and insights into other customers' and clients' experiences with our photography services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future clients will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Sites and social media channels, or any other avenue, for promotional and other purposes at our discretion.

PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances, use the Sites or their content:
for any unlawful purpose;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
to attempt to change, remove, deface, hack or otherwise interfere with our Sites;
to infringe upon any other person's proprietary rights;
to send any unsolicited advertising or promotional material; or
to attempt to affect the performance or functionality of our Sites.

WARRANTIES AND DISCLAIMERS
These Sites are provided on an "as is" and "as available" basis and to the fullest extent permitted by law we make no representations or warranties about our Sites and/or our photography services or products including that they are suitable, reliable, complete, secure, accurate or fit for any particular purpose.

LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses arising from or in connection with your use of our Sites and/or our photography services, your inability to access our Sites, or interruption of our Sites. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law.

ADDITIONAL TERMS
Where you elect to enter into a photography services arrangement with us, we will issue you with a Photography Services Agreement (Additional Terms) that incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your photography arrangement with us and will operate in conjunction with these Terms.

BREACH AND TERMINATION
The agreement constituted between us by your use of the Sites may be terminated where you breach any provision of these Terms or at any time by us, without notice.

GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of Queensland, Australia. In relation to any dispute, we ask that you contact us at hello@elkandfir.com in the first instance. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.