Privacy Policy

Terms and Conditions: Updated Aug, 2025
These Terms and Conditions explain how Magic Photography provides its services. By booking 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: admin@magicphotography.com.au
We are always improving our services and may make small changes from time to time.

2. Consent
We photograph children in two ways:
Centre/School Provided Database
The childcare centre or school gives us the list of children whose parents have given consent. All children on that list are photographed.
Parent Self-Registration
Parents register their child online through our system. Only children who are registered are photographed. Consent is given when parents complete the registration.


3. Storage and Deletion of Images
We store all images securely on encrypted servers managed by specialist providers. We do not keep copies on local hard drives.
Images are kept so families can reorder, replace lost files, and view their child’s growth across multiple years.
Parents can ask us to delete their child’s images at any time, and we will process the request the same day.
While we take every precaution to keep images safe, we are not required to store them for a set period of time and are not responsible for data loss caused by failures outside of our control.

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.
If an image created by Magic Photography is used commercially, entered into a competition, or wins an award, Magic Photography has the right to recognition and to share in any prize money, royalties, or other financial benefit.
For everyday family use, ownership is 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 will incur a delivery fee.
Our photographers take great care to capture a range of natural expressions. Please note that children may not always smile, pose, or look in a particular way, and this is not considered a fault under Australian Consumer Law.
Because images are personal and custom-made, refunds are not generally available once an order has been placed. However, if something goes wrong — for example a printing error, an incorrect order, or another genuine issue — we will happily arrange a reprint, exchange, or other fair solution. In some cases we may ask for proof that the original product has been destroyed before sending a replacement.
Digital images are different. Once a digital image has been downloaded, it is considered “consumed” and cannot be refunded or exchanged for change-of-mind.
If a digital file is corrupted, missing, or if the majority of your order is technically defective (e.g. blurry or unusable), we will provide a replacement or other remedy in line with Australian Consumer Law.

7. Liability
We provide services with reasonable care and skill.
We are not responsible for indirect or flow-on losses (e.g. lost income, missed opportunities, lost files on your devices).
If something goes wrong, we will correct the issue (e.g. by reprinting or refunding). Our liability is limited to the value of the order.
This limit does not apply in cases of fraud or personal injury caused by negligence.


8. Communication
You can contact us at admin@magicphotography.com.au
We will contact you using the email address or mobile phone number you provided when registering, but only in relation to your child’s images, orders, or galleries. Please ensure your contact details are kept up to date so we can reach you if needed.

9. Dispute Resolution
If a disagreement arises that we can’t resolve directly, either party may suggest mediation. If mediation doesn’t work, disputes will be handled in Australian courts.

10. General
These Terms are the full agreement between Magic Photography and the client.
Delays or failure to enforce a right under these Terms do not waive that right.
These Terms are governed by Australian law.