Terms and Conditions
These Terms and Conditions apply to all commissions, submissions, and services provided by Kylie Parker Photographic Art (referred to as “the Artist”, “I”, “me”, or “my”).
By submitting materials, completing a submission form, or making payment, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies available to you under the Australian Consumer Law (ACL) or other applicable legislation.
1. Services Covered
These Terms apply to all services provided by the Artist, including but not limited to:
Fine art composite portraits
Custom artworks
Traditional photo editing and retouching
All services are digital and custom in nature.
2. Submissions & Client Authority
By submitting any photographs, images, digital files, written descriptions, or other materials (the “Submission”), you warrant and represent that:
You are the legal owner of the Submission or have full authority and permission to provide it
You have obtained consent from all individuals depicted in the Submission
You have authority to bind the rights of any minors depicted as their parent or legal guardian
You are at least 18 years of age
You understand that the Submission may be edited, altered, composited, retouched, or artistically modified as required to complete the requested service
3. Review of Submissions
All Submissions are reviewed for suitability prior to acceptance.
Submitting materials does not guarantee approval or acceptance of a commission.
If a Submission is deemed unsuitable, no invoice will be issued and no contract for services will be formed.
4. Service Types & Scope
The Artist provides both fine art composite artwork and traditional photo editing services.
Fine art composite artwork involves creative interpretation, conceptual design, and full artistic discretion.
Traditional photo editing services focus on realistic enhancement, restoration, or compositing of existing photographs and are inherently limited by the quality, resolution, lighting, age, and condition of the original images provided.
5. Pricing, Payment & Contract Formation
All prices are stated in Australian Dollars (AUD) unless otherwise specified
Final pricing is determined after review of the Submission and based on complexity and time required
Invoices are issued via PayPal
Payment is required in full before work commences
A binding contract is formed only once payment has been received.
Once payment is made, the commission is considered confirmed.
Except where required under the Australian Consumer Law, payments are non-refundable.
6. Turnaround Time
Standard turnaround time is 7 working days from receipt of payment, unless otherwise stated.
Timeframes provided are estimates only and may vary due to workload, complexity, or circumstances beyond the Artist’s reasonable control.
Delays do not entitle the client to a refund, except where required by law.
7. Revisions
Each Fine Art Fantasy Portrait or Photo edit includes one (1) minor revision.
A minor revision is limited to small refinements such as minor colour or tonal adjustments.
Requests for additional revisions, major alterations, background changes, or concept changes are not included and may incur additional fees.
For traditional photo editing services, requests are interpreted using professional judgement.
Exact matches to reference images, previous edits, or imagined outcomes are not guaranteed.
8. Artistic Discretion & Limitations and file formats
You acknowledge that the Artist retains full creative and professional control over all aspects of the work, including composition, colour grading, lighting, retouching approach, and overall aesthetic.
Dissatisfaction with artistic style, interpretation, or subjective preferences does not constitute a fault or failure to comply with the contract under Australian Consumer Law.
For fine art composites and traditional photo editing services, you acknowledge that results are dependent on the quality and condition of the submitted images. While all reasonable care is taken, exact replication, realism, restoration, or seamless blending cannot always be achieved. Minor imperfections may remain and do not constitute a fault under Australian Consumer Law.
High-resolution JPEG files and mobile phone images from good quality cameras are accepted and suitable for most Fine Art Portrait commissions, provided they are original, uncompressed, and well-exposed. RAW files are preferred where available, as they allow for greater tonal flexibility and colour depth during the artistic process.
Images sourced from social media platforms, screenshots, messaging apps, or heavily compressed exports are not suitable.
The Client acknowledges and agrees that for both fine art fantasy portraits and traditional photo editing services:
The quality of the final work is directly influenced by the quality of the source image supplied.
Certain adjustments, including recovery of blown highlights, extreme shadow detail, or significant colour correction, may be limited and depending of the quality of the image submitted.
Complete or perfect realism cannot always be guaranteed, particularly where image quality limitations exist.
By submitting images for a Fine Art Portrait commission or traditional photo editing, the Client confirms they understand and accept these limitations and that results may vary based on the quality, lighting, resolution, and composition of the original photograph.
9. Copyright & Licence
All copyright and intellectual property rights in the final artwork remain the property of the Artist.
Upon full payment, you are granted a non-exclusive, non-transferable licence to use the final artwork for personal, non-commercial purposes only, including personal printing and display.
Commercial use, resale, redistribution, reproduction, alteration, or creation of derivative works for profit is strictly prohibited without prior written consent.
This includes, but is not limited to, editing, modifying, repackaging, or reselling the delivered artwork or any part of it in digital or physical form.
10. Portfolio & Promotional Use
Unless you notify the Artist in writing prior to payment, you grant permission for completed artworks to be displayed for portfolio, website, social media, and promotional purposes.
Requests for privacy must be made before payment is received.
11. Printing Disclaimer
The Artist supplies digital files only and does not provide printing services unless expressly stated.
The Artist is not responsible for:
Printing errors
Colour variations between screens and printed products
Paper, canvas, framing, or print lab quality
Results produced by third-party printing services
Once the final digital file is delivered, all responsibility for printing outcomes rests with the client.
12. Cancellations, Refunds & Payment Disputes
Due to the customised and digital nature of the services:
No refunds are available once payment has been made
Change of mind, dissatisfaction with artistic style, realism, or subjective expectations do not constitute grounds for a refund
A refund will only be provided where:
The Artist is unable to complete the commissioned work, or
A refund is required under the Australian Consumer Law
PayPal & Payment Disputes
By making payment, you acknowledge and agree that:
Payment constitutes confirmation of the commission and acceptance of these Terms and Conditions
The service provided is a custom digital service that begins after payment is received
Once payment is received the service cannot be cancelled or reversed
You agree not to initiate a PayPal dispute, chargeback, or payment reversal for reasons including, but not limited to, change of mind, dissatisfaction with artistic interpretation, perceived realism, or failure to read these Terms and Conditions.
In the event of a dispute or chargeback, the Artist reserves the right to provide PayPal or the relevant payment provider with all correspondence, submitted materials, drafts, delivery records, and these Terms and Conditions as evidence of service delivery and agreement.
13. File Delivery & Storage
Final artwork and images are delivered digitally via google drive links or dropbox.
All fantasy artwork commissions include:
A high-resolution print-ready file for personal printing purposes, and
A watermarked web-resolution file for online sharing.
The high-resolution file must not be uploaded to social media, websites, or other online platforms, shared with third parties, or altered in any way.
The watermarked web-resolution file must be used for any online sharing of the artwork.
Unauthorised distribution, removal of watermark, resale, or commercial use of the artwork is not permitted without prior written agreement.
Traditional photo editing images are returned as a jpeg at the original sizing.
The Artist is not responsible for long-term storage or archiving of files.
You are responsible for downloading and securely storing delivered files within 7 days.
14. Limitation of Liability
To the maximum extent permitted by law, the Artist is not liable for any indirect, incidental, or consequential loss arising from the use of the Submission or final artwork.
Nothing in these Terms limits liability for guarantees that cannot be excluded under the Australian Consumer Law.
15. Third-Party Photographs & Permissions
Where any submitted photographs were taken by a third-party photographer, you warrant that you have obtained all necessary permissions, licences, and consents from the photographer to allow the images to be edited, altered, retouched, or composited as part of the requested service.
The Artist does not verify ownership or permissions for third-party photographs and accepts no responsibility for disputes, claims, or liabilities arising from unauthorised use of such images.
You agree to indemnify and hold the Artist harmless from any claims, losses, or legal action arising from the use of photographs submitted without proper authorisation.
16. Governing Law
These Terms and Conditions are governed by the laws of Australia.
You submit to the exclusive jurisdiction of the courts of Australia.
17. Acceptance of Terms
By submitting materials, completing a form, or making payment, you confirm that you have read, understood, and agree to these Terms and Conditions.
If you do not agree to these Terms, you must not submit materials or proceed with a commission.