Terms & Conditions

By booking with Kapturing by K, you agree to the following Terms & Conditions. These terms are in place to protect both client and photographer and to ensure a clear, respectful, and seamless experience.
1. Booking & Retainer
A non-refundable retainer is required to secure your due date or session booking. No dates are held without payment. The remaining balance must be paid in full prior to your on-call period or scheduled session date unless a payment plan has been agreed to in writing.
2. On-Call Period (Birth Photography)
For birth collections, on-call availability begins from 34 weeks gestation until birth. Clients must notify Kapturing by K as soon as labour begins and maintain communication throughout labour progress.
3. Attendance & Coverage
While every effort is made to attend births, clients acknowledge that birth is unpredictable. If Kapturing by K is unable to attend due to circumstances outside reasonable control (including but not limited to precipitous labour, medical emergency, or unsafe conditions), liability is limited to a partial or full refund as outlined in the Refund Policy.
4. Client Cooperation
Clients agree to provide a safe, respectful working environment. Any aggressive, unsafe, or inappropriate behaviour may result in immediate termination of coverage without refund.
5. Artistic Style
By booking, clients acknowledge they are familiar with and accept the artistic style, editing approach, and creative discretion of Kapturing by K. Images are delivered consistent with the photographer’s portfolio.
6. Image Delivery
Galleries are delivered via private online gallery within the timeframe advised at booking (typically 3–6 weeks unless otherwise stated). Image quantities listed in collections are minimums, not maximums.
7. Image Storage
Raw and/or Final edited galleries are stored for up to 18 months after session is completed and images are delivered. Clients are responsible for downloading and backing up their images. Long-term storage is not guaranteed. If images are being deleted from online gallery platform, Kapturing by K will contact the clients via on-file email, 14 business days and 3 business days before the images are deleted.
8. Illness / Emergency
If the photographer experiences serious illness, injury, or emergency, every effort will be made to source a replacement photographer. If this is not possible, liability is limited to a refund of monies paid.
9. Travel & Additional Fees
Travel outside Tamworth, NSW may incur additional fees. These will be disclosed prior to booking confirmation.
10. Copyright & Usage
Kapturing by K retains full copyright of all images. Clients receive personal usage rights for printing and sharing. Images must not be altered, filtered, or edited without written permission.

Marketing & Portfolio Usage Clause

Unless the client provides written exclusion prior to their session or birth, Kapturing by K retains full rights to use any images captured for the purpose of marketing and promotion.

This includes (but is not limited to):

• Business social media platforms
• Google business listings
• The Kapturing by K website
• Blogs and online publications
• Digital advertising
• Printed marketing materials
• Studio samples and albums
• Professional portfolios (digital and hardcopy)

Images will always be used respectfully and in alignment with the brand’s professional standards. Clients wishing to remain private must submit written notice prior to their session.

Cancellation Policy

Clients may cancel their booking at any time by providing written notice.

• Retainers are strictly non-refundable.
• Cancellations made within 14 days of an estimated due date or scheduled session will forfeit all monies paid.
• If a Fresh 48 session is cancelled after birth has occurred, it is considered a late cancellation.

If Kapturing by K must cancel due to emergency, illness, or circumstances beyond control, clients will be offered:

A replacement photographer where possible, or
A full refund of monies paid.

Refund Policy

Due to the time-sensitive and on-call nature of birth photography, refunds are limited.

Non-Refundable Items

• Booking retainers
• On-call reservation periods
• Completed sessions or births already attended

Partial Refunds May Apply If:

• The photographer misses the birth due to circumstances within reasonable control
• Coverage is significantly shortened due to photographer emergency

Full Refunds May Apply If:

• Kapturing by K is unable to attend and no replacement is provided
• Services are cancelled by the photographer prior to coverage beginning

No refunds are provided for change of mind, early discharge preventing Fresh 48 coverage (unless rescheduling is refused), or dissatisfaction with artistic style.

Rescheduling Policy

Fresh 48 and newborn sessions may be rescheduled once with reasonable notice if medically required.

Birth sessions cannot be rescheduled due to their unpredictable nature; however, on-call coverage automatically adjusts to your birth timing.

Safety & Medical Environment Policy

Kapturing by K will always comply with hospital, midwife, and medical staff direction.

Coverage may be limited or paused if:

• Medical intervention requires privacy
• Surgery or emergency procedures occur
• Staff request photography cease

Client safety and medical care always take priority over documentation.

Payment Plan Policy

Kapturing by K offers payment plans to make birth and newborn photography more accessible for families.

1. Eligibility
Payment plans are available upon request and must be approved in writing prior to booking confirmation.

2. Retainer Requirement
All payment plans require a non-refundable retainer to secure your due date or session. No booking is confirmed without this initial payment.

3. Installment Structure
Installments will be scheduled at agreed intervals, with the final balance due no later than:

• 36 weeks gestation for The First Breath & The Complete Story Collection, or
• 7 days prior to The Fresh Beginnings Collection.

4. Missed Payments
If a scheduled payment is missed by more than 7 days without communication:

• On-call coverage may be suspended, and/or
• Your booking may be cancelled without refund of monies already paid.

5. Image Release
No images, galleries, or products will be delivered until the Total Amount Agreed has been paid in full.

6. Early Labour Clause
If birth occurs prior to full payment being made, the remaining balance becomes due immediately. Gallery delivery will be withheld until the account is settled.

Client Usage Rights & Intellectual Property Policy

All images produced by Kapturing by K remain the intellectual property and copyright of Lakara Martin and Kapturing by K. All rights are strictly reserved.

Upon full payment of the Total Amount Agreed, the Client shall receive a limited, non-exclusive license to use the photographs for personal, non-commercial purposes only.

Permitted personal use includes:

• Printing for personal display
• Sharing on personal social media
• Providing images to family and friends

The following restrictions apply:

• Any commercial use, reproduction, publication, or distribution of the photographs requires separate written authorization from Lakara Martin or another Kapturing by K executive.
• Approved commercial usage may incur additional licensing fees.
• The Client shall not edit, modify, crop, filter, or alter the photographs in any way without express written permission from the Photographer.
• Images must not be entered into competitions, publications, or third-party marketing without written consent.

Kapturing by K retains the right to use all images for portfolio, marketing, publication, and promotional purposes unless written exclusion has been provided.

Limitation of Liability

Kapturing by K takes the utmost care in delivering professional photography services; however, certain circumstances remain outside reasonable control.

1. Personal Injury & Property Damage
Kapturing by K holds no responsibility or liability for:

• Any injury sustained by clients, medical staff, support persons, or guests
• Any damage occurring within hospitals, homes, or session locations

2. Equipment Damage
The Client accepts full financial responsibility for any loss or damage to Kapturing by K equipment caused by:

• The Client
• Medical staff
• Support persons
• Children
• Guests or any other persons present

Reimbursement must be made for the full market value repair or replacement cost of damaged equipment.

3. Medical & Environmental Interference
Kapturing by K is not liable for missed moments or reduced coverage due to:

• Medical emergencies
• Staff intervention
• Restricted access
• Environmental limitations
• Lighting or space restrictions

4. Digital File Protection & Corruption

While Kapturing by K takes all necessary measures to prevent loss, damage, or corruption of images — including professional equipment, dual card recording, backups, and secure storage — technical errors can occur.

In the rare event of image loss or file corruption:

• Liability is limited to a partial or full refund
• Refund value will be determined based on the level of service completed
• If partial images are recoverable, they will still be delivered even if below the minimum image count of the purchased collection
• No further compensation shall be payable beyond monies received

Clients acknowledge that digital photography carries inherent technical risks despite all preventative safeguards.

Kapturing by K