Terms, Conditions, Policies & Disclaimers

Last Updated on 21st February 2020 


NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase. You are legally bound to these Terms and Conditions of Use whether or not you have read them.



This website is owned and operated by Clare Stephens trading as Empowered Action, a NSW Australia company. Our principal place of business is located at Waverley NSW. The Terms and Conditions contained on this page are subject to change at any time. 



This Agreement is by and between Clare Stephens (“Photographer”) and the Client (“You”). The Client has the legal authority to enter into the Agreement on behalf of its employer, company, or organisation. The Photographer’s relationship with the Client is that of an independent contractor.



  • “Agreement” means these Terms & Conditions
  • “Photographer” or “Company” or “we” or “us” or “our” means Clare Stephens and any subsidiaries, affiliates, employees, officers, agents or assigns, including but not limited to,,,  and any social media groups or forums owned and managed by Clare Stephens.
  • “Offering(s)” refers to Photoshoots, Images and Products 
  • “Photoshoot(s)” means the photography service of capturing, editing and delivering Images
  • “Image(s)” means all visual representations delivered to the Client by the Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.
  • “Products” mean USBs, prints, wall hangings, albums and any other form of physical delivery of images
  • “Client” or “You” or “Your” refers to the user or purchaser of said Photoshoots, Product(s), Service(s) or Offerings(s) and any employees, affiliates or representatives 
  • “Publication” means any media outlets such as newspaper, magazines, websites, books and the like.
  • “Work Request” means emails or phone calls requesting a service to be performed by Photographer.
  • “Licence” means the right to use the image as specified at the time of Work Request.


All Photoshoots, Images and Products are owned and provided by Clare Stephens (and associated entities). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. 


You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, prior to purchase please email us at​ ​and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).


Clare Stephens (and all associated entities) are committed to providing exceptional customer service and quality products and the complete satisfaction of our clients as well as the absolute privacy, security, the confidentiality of documentation and communications.

If you have any queries with any of our Offerings(s), please review these terms and conditions and contact us immediately as we will do whatever we can to rectify any problems.



You acknowledge that Clare Stephens is the author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Clare Stephens without limitation. 


Limited License:

Images are licensed for specific use(s) only. You understand and agree that You are not buying the Image(s) but are paying only for a license to use the Image(s) as specified at the time of the Work Request. The term of the licence begins from the date Photographer receives full payment of services.



No rights are granted unless and until the Photographer has received payment in full. Any use prior to full payment will be considered unauthorised use and breach of Copyright. The Client agrees to pay the Photographer in full before using any Image(s) provided by the Photographer.



Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer. You will not make or permit any significant alterations, including, but not limited to, additions, subtractions, or adaptations, including adding filters, with respect to the Image(s), alone or with any other material, without the prior express permission of the Photographer. Normal reproduction adjustments for brightness, sharpness, cropping and using as part of graphic design for marketing materials are permitted.  



Watermarked images may be provided on Clare Stephens (and associated entities) social media and websites. Removing or cropping out watermarks is a direct breach of Copyright.


Duplication of physical products:

You agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy, photograph or computer scan any images, including prints, albums, wall hangings or any other printed image. This is a direct breach of Copyright.


Duplication of Digital Images:

You agree not to screenshot or allow anyone else to screenshot any images including watermarked images from any of our websites, gallery software or social media. Screenshotting of any image is a direct breach of Copyright. 



The images provided may not be sold under any circumstances, without written permission. 



Publication rights to the Image(s) specifically requested by the Client to be expressed in a written form (e.g. email) where possible and sent to the Photographer. 



You may use any non-purchased images that we share online with clear and obvious credit back to the Photographer. Published images should identify the Photographer through a copyright notice, a hyperlink to or by using the words ‘images by Clare Stephens’. Any exception to this should be requested and discussed at the time of Work Request. Attribution is appreciated but not essential for every purchased Image. 


In summary,

You​ ​may: 

  • Share unpurchased images from our websites or social media accounts with clear credit and linking back to us
  • Access and share your online gallery link and passwords
  • Download and/or print any purchased digital Images 
  • Attribute purchased images for business or personal use with credit


You​ ​may​ ​not: 

  • Reproduce images by screenshotting from your online gallery or photographing printed products 
  • Share any unpurchased images without clear credit back to the Photographer
  • Re-sell the images for any purpose
  • Edit or alter images in any way in terms of colours including filters
  • Use Images in an unlawful way or for any illegal or unlawful purpose(s)
  • Use images prior to full payment 


Civil​ ​and​ ​Criminal​ ​Penalties

It is considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New South Wales, Australiaby opting into or purchasing any Offering or accessing its related communications and/or materials.



When you purchased the Offering(s), you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offering(s), you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use. 


Model Release:

Unless otherwise stated, the Photographer retains the right to use any Image(s) for self-promotion purposes, provided that any such use is lawful and without harm to the Client. 


Notification​ ​of​ ​Use:

​We are not obligated to notify the Client or anyone in Images of Our publication or other use of any Image.



Digital Image Quality:

The Photographer is committed to providing high-quality services. Unless otherwise specified by writing by the the Photographer, the Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that the Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed. The Photographer uses cameras and monitors that are colour calibrated to industry standards. Due to variances in computer monitors, software and platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities. It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data is not deemed suitable (within a reasonable time frame), Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.


Print and Product Quality:

The Photographer is committed to using high quality professional print labs and products. However, the Client is aware that colour dyes, inks, and other materials, used in photography may fade or discolour over time. As such, Client releases the Photographer, and the Photographer’s contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discolouration of photographic prints.



Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, the Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.



Where the Client cancels the Photoshoot or is unable to reschedule the Photoshoot to a time and date agreeable to the Photographer, the Client will be responsible for payment of any and all expenses up to the time of the cancellation. Please refer to refund policy terms and conditions for cancelations.



Once the Client and Photographer have agreed to time(s) and date(s) for the Photoshoot and the Session Fee or deposit paid by the Client, the Photographer will not accept other work from any other clients for the agreed time(s) and date(s). 


In the event that the Client needs to reschedule the date, the Photographer requires 7 days notice. The Photoshoot can be rescheduled to another agreeable date within the following 12-month period. In the event of changes to pricing, the pricing and availability for Photoshoots will apply as at the newly booked date.


Where the Client reschedules the Photoshoot, the Client will be responsible for payment of any and all expenses incurred up to the time of the reschedule plus fifty percent (50%) of the Photographer’s fees, if the request is less than twenty-four hours from the scheduled Photoshoot time. This fee is called a Postponement Fee.


The Postponement Fee plus any additional expenses, such as re-hiring equipment or venues, will be charged and must be paid prior to holding the Photoshoot on the new rescheduled date.



The Client is responsible for sending an authorised representative to the shoot. If no representative is present, the Client must accept the Photographer’s judgment as to the execution of the Image(s).


If Client requires a reshoot, Client will pay Photographer an additional fee of one hundred percent (100%) of the fee stated in the invoice for the original shoot, plus all expenses for the reshoot.


If a reshoot is required for reasons beyond the control of the Photographer or the Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, the Photographer will not charge an additional fee, but the Client agrees to pay all expenses incurred as a result of the reshoot.


Failure to Perform:

If the Photographer is unable to attend the Photoshoot due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond their control, then the Photographer will attempt to procure the services of another professional photographer to fulfil their obligations or reschedule the Photoshoot to an agreed date and time with the Client. If that does not succeed, the Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.


If the Photographer is unable to supply the Images due to loss, damage, equipment malfunction, mechanical breakdown, accident, acts of God, or any other cause beyond their control, the Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.



We take your investment seriously, and we’d appreciate it if you took our investment of time and resources into your success seriously too. Prompt receipt of full payment is a key tenet of the Agreement. 



Pricing is subject to change at any time. Pricing is non-negotiable.  Payment plans are available at the time of booking the Photoshoot and at the time of ordering any Images or Products.


Provided that Photographer has executed the photography assignment in a professional and competent manner, the Client agrees to pay Photographer all fees and expenses in connection with the Work Order, whether or not the Client uses any Image(s).


Tax Policy:

Please note that prices exclude GST and as per Australian Tax Law, 10% GST must be charged to Australian residents. A receipt will be provided with the breakdown of the 10% GST component upon purchase.


Session Fees:

Session fees are non-refundable and are due at least 14 days prior to the agreed Photoshoot date, in order to secure that session date and time. Clare Stephens has the right to give the session date and time to another client if the session fee has not been received two weeks prior to the session.  Session fees do not include any prints, products or digital images unless specifically stated.


Venue Hire and Location Licenses:

The Client is responsible for payment and booking of any location hire and licenses required to shoot at the specific location unless otherwise stated.


Number of Subjects:

Unless otherwise stated or negotiated, Family Photoshoots include up to 6 people in the session with an additional session fee of $25+GST per person. Unless otherwise stated or negotiated, Branding Photoshoots include up to 2 people with an additional fee of $390+GST per person.


Digital Images:

Digital Images are not included in session fees unless specifically stated or pre-purchased in a package. Digital Images cannot be purchased individually. Digital collections offered after the Photoshoot start at $990. Digital collections include the chosen Images in both colour and black & white and are delivered via Dropbox or USB.



Products are not included in session fees, unless specifically stated or pre-purchased in a package. Individual prints start at $85, collages start at $590 and framed prints start at $790. There is a $500 minimum spend and GST is added on checkout for all purchases. 


Order Time Limits:

To manage Our workflow and costs of storage, we have strict time limits for ordering Image(s) and Product(s). Payment of orders is due when the order is placed. Rush orders are available for an additional charge. 


Online Galleries:

The Photographer will provide an online gallery of proof Images within 14 days of the session date unless otherwise notified. Orders are to be placed online within 7 days of being sent the gallery link. The online gallery system automatically deactivates on the 7th day. 


Live Viewing Sessions:

The Photographer will schedule a live video or in-person ordering session if required within 14 days of the Photoshoot date unless otherwise notified. Orders are to be placed and paid for at the viewing session. 


Order Time Limits for Pre Purchased Images or Products:

Clients may at times, prepay for Image(s) or Product(s) at the time of booking the Photoshoot.  If the Client does not confirm their order, such as selecting Image(s) or approving Product(s) design, within 30 days from the date of they are provided their gallery link or attend a viewing session, the Client waives their right to approve the order. The Photographer will make at least three (3) attempts to contact the Client on the contact details provided by the Client within those 30 days. On the 31st day, the Photographer may choose to make the selection for the Client, place the order with the relevant supplier and deliver the Image(s) and/or Product to the client, and the Client will have no recourse for refund or reprint, even if a product has been prepaid in advance.


Gallery Reactivation:

If circumstances arise that the client is unable to place their order during the specified order time limits, a Reactivation Fee of $50 per 7-day timeslot, will apply and is payable prior to reactivating the gallery. Any time-sensitive bonuses or discounts will also expire, with no exceptions. 


Deletion of Images:

Where an order has not been placed and paid for or commenced a payment plan, within 30 days from the date the Client has been sent the gallery link or held their viewing session, the Images will be deleted. All non-purchased Images from the previous 12 months are deleted during our annual archiving process on 31 January each year. 


Additional Editing & Retouching: Purchased Images include basic retouching (removal of blemishes, skin smoothing, reduction of dark lines under eyes). Custom or client directed retouching is an additional $20 per image unless otherwise specified. 


Delivery Times:

All orders must be confirmed in writing or via the Photographer’s ordering system and accompanied by full payment before any order will be placed. 


Digital Images will be delivered within 7 days of full payment being received.

Prints and products will be delivered 3-6 weeks after full payment is received. 

Albums take approximately 10 weeks as they are custom designed and handmade. 


Archiving Digital Files:

While the Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s). The Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client. The Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and Photographer’s contractors and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer which may become unusable or obsolete.


​Payment Plans:

​If you have signed up for a payment plan, You understand that payment plans attract administrative fees and You acknowledge that your entire fee, whether paid in weekly or monthly instalments or paid in full. No refunds or credits will be issued on partial payments made.


You acknowledge that You are making a commitment to pay the entire fee to Clare Stephens and associated entities and You further agree to make all payments when they are due, as a binding financial agreement.


No orders will be placed or Images delivered until full payment has been received by Clare Stephens.


Recovery of Late Payments:

If a customer's agreed weekly, fortnightly or monthly payments are not made in a timely fashion for any reason, we will suspend the customer's order until the account is brought back up to date and current.

Clare Stephens (and associated entities) reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date. 


$100 due 1 March

$101.50 due 15 March

$103.03 due 16 March

Sent to Collections 15 April 

After 30 days of outstanding payment, Clare Stephens (and associated entities) reserves the right to send you to a debt collection agency, upon which you will owe the total amount of any outstanding payments plus any collection costs. 


This action may result in your loss of credit rating and/or court action against you. You may also be responsible for any recovery and/or legal fees incurred by us during this process.


Cancelation of Payment Plan:

In the event that you cancel your Payment Plan, no orders will be placed or Images delivered, and no refunds will be given for past payments made.


Use of Third Party Financing:

If the customer finances their purchase using third party financing, such as Payright, the customer acknowledges that they understand the terms of that agreement on submission of the application. The customer acknowledges that this is a binding financial agreement between the customer and Payright, not between the customer and Clare Stephens or associated entities. You can read Payright Terms & Conditions here.



Please choose carefully. We have strict refund policies in place. Due to the custom nature of the services and/or products provided, refunds will not be given unless otherwise specified below.  The Photographer does, of course guarantee that the portraits you receive meet the highest standards in every respect and works with the customers to approve designs and custom work before orders are placed. Our goal is that you feel complete satisfaction with your Photoshoot(s) and Image(s).


Refunds Due To Failure to Perform:

If the Photographer is unable to attend the Photoshoot due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond their control, then the Photographer will attempt to procure the services of another professional photographer to fulfil their obligations or reschedule the Photoshoot to an agreed date and time with the Client. If that does not succeed, the Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.


If the Photographer is unable to supply the Images due to loss, damage, equipment malfunction, mechanical breakdown, accident, acts of God, or any other cause beyond their control, the Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.


Refunds on Client Cancellations:

Where the Client cancels the Photoshoot or is unable to reschedule the Photoshoot to a time and date agreeable to the Photographer, the Client will be responsible for payment of any and all expenses up to the time of the cancellation. 


If the Client cancels and requests a refund within 7 days of purchase of the session or package fee, we will provide a 100% refund, less any expenses incurred relating to the Photoshoot, such as venue or equipment hire fees. After 7 days, the date of the shoot can be changed (see Reschedule) but no refunds will be given.


Refunds on Digital Images:

Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned; Clare Stephens has a strict NO REFUNDS POLICY on digital Images. Once a transaction has been completed (i.e., the client has selected and paid for the digital Image(s) and Clare Stephens has delivered the buyer the correct digital image (s) whether via USB or direct download, it is then considered non-refundable. 

If You or your assigns have selected and purchased an incorrect digital Image, You must notify the Photographer PRIOR to receiving the digital Image(s). Refunds will NOT be given once digital Image(s) have been delivered. 


Refunds on Products:

Due to the custom pre-designed nature of albums, wall hangings, prints and any other physical product(s), there are no refunds or returns or exchanges on any custom designed orders. Orders are placed with suppliers 48 hours after receipt of the full payment of the product. In the event of any change of mind or alterations, all changes must be received prior to ordering with our supplier, within 24 hours of final payment.


Refunds on Defects:

In the event of a manufacturer defect, the client must report and show evidence within 48 hours from the date it was received. Reprints or replacement products will be ordered or if this is not possible from the manufacturer, a refund will be provided once the refund has been received from the manufacturer.


Damage During Shipping:

In the event of damage during shipping, a separate claim must be filed with the shipping carrier by the Photographer within 48 Hours of Delivery. In order to do this, the Client must report to the Photographer, including photographs taken on delivery of the unopened package showing the damage to original packaging as well as damage of the product within 24 hours of being delivered.


Refunds on Ordering Errors:

In the event that the an error was made on the part of the Photographer such as size, colour, style, image compared with the ordered product, the Photographer will replace at our cost.


Refunds on Events:

Special date based Photoshoot events such as mini sessions are non-refundable and non-transferable to another date unless otherwise negotiated due to the limited dates and times available.


Refunds on Bonuses or Gifts:

Any bonuses or gifts are exactly that - bonuses or gifts. Your use of any bonuses or gifts given is by no means mandatory and they are not redeemable or exchangeable for cash or other Products or Image(s). 



​​You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute. 



We have made every effort to accurately represent our Offering(s) and their potential. You acknowledge that as a purchaser in any Offering(s) purchased, that payment of the fee will not place a significant financial burden on you or your family. 


By accessing our Offering(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and accept sole responsibility for any subsequent decisions or actions you choose to take as a result of the influence, information or educational materials provided to You.



​​You have no right to confidentiality unless otherwise explicitly stated in a subsequent client agreement or Model Release, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 


We respect your privacy and we must insist that you also respect our privacy. In the course of your Photoshoot, confidential and proprietary information, plans, ideas, and trade secrets may be revealed by the Photographer. You agree that you will not disclose such information to any person or entity outside of discussions at Photoshoot sessions.


You agree you will not use any confidential or proprietary materials or ideas acquired by you through the Offering(s) without consent or for any purpose whatsoever outside of the Offering, whether commercial, educational, or otherwise. You acknowledge that all confidential material and information revealed to you is and remains the sole intellectual property of the Company.



​It is Your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information.


Online credit card payment transactions are currently processed through Paypal and Stripe. Both Stripe and Paypal have 128 bit SSL encryption. 128-bit SSL encryption is approximated to take at least one trillion years to break and is the industry standard. Stripe processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet.


All online credit card transactions performed on this site using the Stripe and Paypal gateways are secured payments.

  • Payments are fully automated with an immediate response.
  • Your complete credit card number cannot be viewed by Clare Stephens and associated entities or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage within Paypal and Stripe's bank-grade data centre, further protecting your credit card data.
  • Stripe is the authorised third party processors for all the major Australian banks.
  • Stripe at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by.


By utilizing these payment processors to purchase the Offering(s), You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.



Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up, online galleries or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by Australian law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.


We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.



Information Disclaimer:

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s). 


While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. 


We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, or services.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at


Earnings​ ​& Testimonial Disclaimer:

We strongly believe in the value and quality of our services and products and we stand behind them. We and many of our clients have gotten phenomenal results from our Offering(s), including increased earnings from using Professional Photography. By law, we cannot and do not make any promises about any Client’s ability to earn money using any Photoshoot(s), Image(s) or Product(s). 


You agree that You understand individual outcomes will vary. Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results. Each individual approaches their Photoshoot(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon purchase of our Photoshoot or Offering(s) or related material(s). 


We make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. 


Any and all forward-looking statements on any of our websites or Social Media Platforms are intended to express our opinion of what our clients could potentially achieve, but many factors will be important in determining whether they actually will. We do not make any guarantees that any individual's results will be similar to ours or anyone else’s.


General​ ​Disclaimer:

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. In all events, the Photographer’s liability for any claim will not exceed the total amount paid.


Third​ ​Party​ ​Disclaimer:

​You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you. 


Warranties​ ​Disclaimer:

​We make no warranties as to our Offerings or Offerings materials. You agree that Offerings or Offerings materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Offerings, or Offerings materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Offerings or Offerings materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise. 


Technology​ ​Disclaimer:

We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control.


Errors​ ​and​ ​Omissions:

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Offering(s) or related material(s).



Indemnification: ​​​

You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​ ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​our Offering(s)​. 



We are not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in the Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image use that require releases.

Limitation​ ​of​ ​Liability:

​​​We​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products​ ​or​ ​materials​ ​that​ ​you​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​our Offering(s).​ ​We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​our​ ​Offering(s) and​ ​related​ ​material(s).



This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. This means that we may earn a commission if/when you make purchases via affiliate links. 

We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.

You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. 




The Company is committed to providing all Clients with a positive and productive experience. Clare Stephens and associated staff and websites are not responsible for the actions, behaviours or practices of any third party individual, group, or company.



You acknowledges and agree that the Company, at its sole discretion, may limit, suspend, or terminate your right to participate in the Offering without refund or forgiveness of any remaining weekly or monthly payments if the you become disruptive or difficult to work with, fail to follow Terms & Conditions as outlayed in this document, or if your behaviour impairs the ability of the Photographer to provide the Service(s) or Product(s) in the Offering(s).


If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website, delivery of any Offerings(s) and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).



If anyone contributes to our forums or makes any public comments on any of our Websites which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website. 


If you are found to be slandering, libeling or otherwise disparaging our Company, Offering(s) or related materials, at our discretion You will be immediately removed from any communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.




​If You and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. 



We at Clare Stephens (and associated entities) respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect. 

Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted. 

Information That We Collect 

We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include: 

Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases. 

Derivative Data:

Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. 

Financial Data: Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processor, Stripe and Paypal and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. As a courtesy, Stripe Privacy Policy can be found here and Paypal Privacy Policy can be found here

Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings. 

Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information. 

Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway. 

How We Use Your Information 

Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app). 

Specifically, we may use the information and data described above to: 

  1. Create and administer your account; 
  2. Deliver any products or services purchased by you to you; 
  3. Correspond with you;
  4. Process payments or refunds; 
  5. Contact you about new offerings that we think you will be interested in; and 
  6. Interact with you via social media; and 
  7. Send you a newsletter or other updates about our company or website; and 
  8. Deliver targeted advertising; and 
  9. Request feedback from you; and 
  10. Notify you of updates to our product and service offerings; and 
  11. Resolve disputes and troubleshoot any problems; and 
  12. Administer contests or giveaways; and 
  13. Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and 
  14. Compile anonymous statistical data for our own use or for a third party’s use; and 
  15. Assist law enforcement as necessary; and 
  16. Prevent fraudulent activity on our website or mobile app; and 
  17. Analyze trends to improve our website and offerings. 

Why We Disclose Your Information: We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests. 

The following are specific reasons why we may share your information. 

Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third Party Processing” Section below. 

By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks. 

To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims. 

Affiliates: We may share your personal information with our business affiliates who promote our product(s) or service(s) for a commission fee. We require our affiliates to honor this Privacy Policy. They are not allowed to spam you and must disclose they are an affiliate for us. If they do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any violation of this nature should be reported to

Advertisers: We may use third party advertising companies to run and manage our ads to produce ads that appear when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. 


Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law. 

Sale or Bankruptcy: In the event that our company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third party successor. Such a successor is not bound by our Privacy Policy and may have its own. You will be notified in the event our Company is sold, goes out of business or enters bankruptcy. 

Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts. 

Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website. 

External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do. 

Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company. 

Tracking Technologies 

Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable. 


We also use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services. For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website. 

Most browsers are set to accept cookies by default. In addition, when you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies? By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy. 

In addition, we may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool. 

Website Analytics 

We may partner with third party analytic companies, including Google Analytics and others. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool 

Processing Your Information 

For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below. 

However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data: 

  1. Data associated with your account, such as your name, address, email address and 

payment information 

  1. Data about your usage of our website, such as your IP address, geographical 

information, and how long you accessed our website and what you viewed. 

  1. Data related to your personal profile, such as your name, address, profile picture, 

interests and hobbies, or employment details. 

  1. Data that you provide us in the course of using our services. 
  2. Data that you post on our website, such as comments or responses to blogs. 
  3. Data that you submit to us when you make an inquiry regarding our website or offerings. 
  4. Data related to your transactions with us, including your purchase of our goods or 

services. This information may include contact details and payment information. 

  1. Data that you provide to us when you subscribe to our emails or newsletters, including 

your email address and contact information. 

  1. Data that you submit to us via correspondence, such as when you email us with 


  1. Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person. 

International Data 

Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at:

We use website hosting servers/third party processors/subcontractors located in the U.S. and have received an Adequacy Determination from the European Commission, meaning that appropriate safeguards are in place to protect data once it is transferred to that country. 

Data Retention 

We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted. 

You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data. 

Security Of Your Information 

We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us. 


By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties. 

We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk. 


This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data. 

Your Rights 

You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law. 

Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at

Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirm whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others. 

Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website. 

Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee. 


Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden. 

Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website. 

Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at

Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at

Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website. 

Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law. 

California Privacy Rights 

The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below. 

If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please 

use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems. 



We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. 



Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website. 


If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. 


These General Terms, Conditions, Policies and Disclaimers are governed by and construed in accordance with Australian law. You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations. These terms and conditions are governed by the laws of the State of New South Wales. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New South Wales, Australia.



If we decide to change our policy, we will post those changes to this Terms, Conditions & Privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.


Contact Information 

Clare Stephens trading as Empowered Action

ABN: 15 402 239 234

PO BOX 809, Waverley NSW 2024