Customer Terms and Conditions

Pop-in Sessions are subject to the following terms and conditions. By booking a Pop-in Session, you confirm that you have read, understood, and agree to these terms and conditions, as well as our privacy policy.

1. Definitions

• Pop-in Portraits (also “Pop-in”, "We" or "Us") the photography service and related product/deliverables created by Little Annie.
• The Pop-in App refers to the Little Annie web application, Customer booking and event management platform (www.popinphotos.com).
• Pop-in Session refers to a short photography session or appointment booked by the Customer, including Monthly Pop-ins or Special Event sessions (as defined below).
• An Extra refers to an optional add-on that can be purchased in addition to the standard Pop-in Session.
• Download Unlock (also “Unlock” or “Unlocked”) refers to the process of purchasing and accessing high-resolution images from a Pop-in Session. Once Unlocked, the watermark is removed from the image, and the digital file is made available for download.
• Unselected Images are images that remain locked and have not been unlocked using a Photo Credit or purchased with a credit card.
• Photo Credits (also “Credit”) is the digital currency purchased to Unlock images stored in the Customer’s account.
• Customer (also “Your”) refers to any individual with a Pop-in Portraits Customer Account who has purchased a Pop-in Session.
• Customer Account refers to a personal online profile allowing Customers to manage bookings, update preferences, and access purchased images.
• Customer Photo Gallery (or “Photo Gallery”) is a private online collection within a Customer Account where session images are uploaded to and stored for selection and Unlocking.
• Little Annie means Little Annie Ltd, a company registered in New Zealand (company number 6090068).

2. Pop-in Session Types

• Monthly Pop-in Sessions are short, professional photography sessions aimed at capturing high-quality portraits of a single child at a local photographer's studio or another specified location.
• Special Event Sessions are offered throughout the year and are available at some Pop-in locations. These may include Mother’s Day, Father’s Day, Siblings, Family, and Christmas mini sessions.
• Optional Extras are available for purchase via the Pop-in App Customer booking form, and are added to a Customer’s Pop-in Session at an additional cost.
• Photographer Exclusives are events exclusively created by a Pop-in photographer, available to book through the Pop-in App. These events may have their own unique terms and conditions set by the photographer. Contact your photographer directly if you require details on the applicable terms and conditions for a specific Photographer Exclusive event. The Pop-in App serves solely as the booking platform and technology provider for Photographer Exclusive events and holds no further liability.

3. Event Frequency

• All Pop-in Sessions are held on a specific day/s between set hours, each month in each location as specified in the Pop-in App.  
• We shall use reasonable endeavours to ensure that the Monthly Pop-in Sessions will be held every month, however the permanent continuity of Pop-in Portraits cannot be guaranteed.
• Pop-in Portraits reserves the right to discontinue the Monthly Pop-in Sessions, change local photographers, and change locations at any time without warning.

4. Event Attendance

• Pop-in Sessions are open to any individual named in each appointment type as booked in the Pop-in App.

5. Pricing

• Monthly Pop-in Sessions cost $25 per session.
• Special Event Sessions are priced individually and are stated on the Pop-in App at booking.
• Extras are priced individually and are stated on the Pop-in App at booking.
• Each Pop-in Session or Extra purchased includes at least 1 Photo Credit which are added to a Customer Account.
• Pop-in Session prices are non-negotiable and subject to change without notice. Any Pop-in Session price adjustments will apply only to future, non-booked sessions and will not affect sessions that have already been booked and paid for. Customers will be informed of any Pop-in Session price changes before completing a new booking.
• Payment is made at the time of booking, and is paid for using a Customer's credit card through the Pop-in App, securely processed via Stripe's payment platform.

6. Included in the Session Price

• A short, professional Pop-in photography Session during which a selection of high-quality photographs are captured and professionally edited.
• At least 1 Photo Credit for use in Unlocking images from the Pop-in Session.
  • Monthly Pop-in Sessions include 1 Photo Credit.
  • Special Event Sessions include at least 1 Photo Credit. See the booking information on the Pop-in App for specific details.
  • Extras include at least 1 Photo Credit.

7. The Credit System

• Photo Credits are stored in the Pop-in App in the Customer Account and can be used to purchase locked photos from a session.
• Photo Credits earned from a booking are added to the Customer's Account and released for use when the session images are delivered to the Photo Gallery.
• Photo Credits are purchased from a specific photographer and may only be used exclusively with that photographer.
• Customers can view their Photo Credit balance in their Pop-in Customer Account.
• Additional Photo Credits may be purchased using a saved credit card in the Pop-in Customer Account.
• Customers will receive email confirmation of any Photo Credit purchased.
• When a Customer uses a Photo Credit, the amount used is deducted from their total Photo Credit balance and will be reflected in their Customer Account.
• Photo Credits do not expire, are non-refundable, and cannot be swapped to another Customer Account. In the event that a photographer ceases to offer Pop-in sessions in a particular location, any unused Photo Credits may, at the sole discretion of Pop-in Portraits, be transferred to an alternative location. Pop-in Portraits reserves the right to determine the availability and feasibility of such transfers on a case-by-case basis.
• Photo Credits cannot be used to purchase Pop-in Sessions, Extras, or gift vouchers.
• If a Customer does not use all of the Photo Credits earned from a booking, any remaining credits will be automatically banked into the Customer's account 24 hours before the session's Gallery is archived. These banked credits may be used to Unlock photos from any session at a later time.

8. Image Delivery and Unlocking Your Images After Your Session

• After each Pop-in Session, the photographer will upload a small selection of professionally edited images to the Customer Photo Gallery.
• All images will include a watermark.
• Customers will be notified via email once images are ready to view.
• Customers will receive their images within a reasonable time period. This is normally no more than seven days following the attended Pop-in Session, barring any unforeseen technical issues.
• Customers will view the uploaded images and select their favourite image/s to Unlock using the Photo Credit/s included with their booking.
• Once an image is Unlocked, the watermark is removed and the image becomes available for digital download in both web and high resolution.
• Additional images may be purchased using existing Photo Credits or a saved credit card.
• Unlocked images are final and cannot be exchanged or refunded.

9. Image Recall and Expiry Policy

• Unlocked images will remain in your Photo Gallery indefinitely unless advised otherwise.
• Unselected Images that remain locked will be archived 7 days after the 'Photo Ready' email is sent to the Customer. Customers will receive notice by email to take action before they are archived.

• After 7 days, Unselected Images transition from Gallery view to 'Recall View'.
• Any unused Photo Credits earned from the booking will be automatically banked into the Customer's account 24 hours before the session's Gallery is archived, as mentioned above.
• In the Recall View, Unselected images will be minimised. Customers will see the session name and small watermarked image thumbnails, indicating the number of Unselected Images. However, image details will not be visible.

• Customers may download their Unselected Images from the Recall View at a cost.

1. Recall Process:

   • Customers who did not Unlock any images from their session within the 7 day period receive 1 free recall opportunity.
   • For all other Customers, a $10 recall fee applies, payable with their saved credit card.
   • Recalled images will be available in the Photo Gallery for 24 hours, allowing Customers to Unlock images using either Photo Credits or a credit card.
   • Sessions may be recalled multiple times.

2. Image Expiry:

   • Unselected Images will expire 18 months after being archived or from the date of their last recall, whichever is later.
   • Customers will receive email notification before their Unselected Images are set to expire.
   • Once expired, Unselected Images will be permanently deleted and will no longer be available for recall or purchase.

10. Health and Safety Policy

• If you or your child is unwell, you must reschedule your appointment. This is especially important as Pop-in Sessions may include newborns and expectant mothers, who are more vulnerable to serious illness.
• If your child has a contagious illness (e.g., chickenpox, conjunctivitis, whooping cough, hand, foot, and mouth disease), please add an additional 48 hours following your doctor's recommended recovery time before attending a session to ensure the safety of other children attending.
• Our photographers reserve the right to refuse service on health and safety grounds if signs of illness are apparent at the session.
• In the event of an epidemic or pandemic, Pop-in Portraits may implement additional safety measures to protect our Customers. These measures will be communicated via email.

11. Rescheduling Policy

Pop-in Portraits regularly review our rescheduling policy to best support our families, young clients, and photographers.

1. Rescheduling Your Appointment

   • Customers can reschedule their appointment by logging into their Customer Account and selecting ‘Reschedule’ on their upcoming appointment.

2. Changing Timeslots

   • Customers may switch to a different available timeslot within the same event at any time, free of charge.

3. Rescheduling to a Different Date/Time

   • More than 5 days in advance: Free of charge.
   • Within 5 days of a Customer's appointment: A $10 rescheduling fee applies. This fee supports our photographers, as short-notice reschedules are unlikely to be rebooked. It also helps cover event costs and administrative processing.

4. Rescheduling to a Different Photographer

   • Pop-in venues are operated by independent licensees, with some photographers managing multiple locations.
   • Additional fees are charged when rescheduling to a different photographer to cover the cost of the transaction.
   • The original appointment will be cancelled, and the session fee will be refunded within 10 working days.
   • A new session fee will be charged to a Customer's saved credit card to rebook with the new photographer, including the additional transaction fee.
   • The refund for the original session fee may take up to 10 working days to be returned to the Customer's account.

5. Rescheduling Limitations

   • A Customer can reschedule their appointment a maximum of 31 days ahead.
   • Each appointment can only be rescheduled once.
   • Rescheduled appointments are not eligible for a refund.
   • The rescheduling option closes once the Pop-in Session's time begins.

6. Exceptional Circumstances

   • In cases such as hospitalisation or other unforeseen emergencies, the rescheduling policy may be compassionately adjusted. Please contact your photographer to discuss options.

7. Illness on the Day of Your Event

   • If you or your child are unwell, we appreciate your commitment to the health and safety of yourself, your family, and our staff by staying home and rescheduling your Pop-in Session.

8. When to Contact Your Photographer

   • For assistance with special events, non-recurring availability, or exceptional circumstances, please contact your photographer.
   • You must make contact with your photographer before your event commences.
   • Please note that last-minute reschedules or credits are only offered in valid circumstances at the photographer's discretion.
   • Photographers will respond to your inquiry within 48 hours; this may be after your booking time has elapsed.

9. Make-up Sessions

   • If you are unable to attend your rescheduled appointment, a photographer may offer a make-up session at their discretion.
   • If you cannot attend the make-up session, your booking fee will be forfeited.
   • Rescheduled appointments are not eligible for a partial refund if you later choose to cancel.

12. Cancellation and Refund Policy

1. Cancellation by Customer

   • Booking cancellations made less than 24 hours before the Pop-in Session are non-refundable.
   • You may cancel your appointment by contacting your photographer and receive a 50% refund of the base Pop-in Session. Any Extras added to your Pop-in Session will be fully refunded.
   • Cancellations can be made at any time before your appointment begins.

2. Dissatisfaction with Portrait

   • Refunds will not be provided if Customers are dissatisfied with their portrait.

3. Unforeseen Circumstances by Little Annie

   • If your Pop-in Session is unable to proceed due to photographer illness, lockdowns, natural disasters, or other unforeseen circumstances, the Customer's Pop-in Session will be rescheduled at no additional cost.
   • This will be communicated to Customers by email.
   • If the rescheduled Pop-in Session is not acceptable, Customers may choose to cancel their Pop-in Session and receive a credit in the form of a coupon for the full value of the Pop-in Session booking. This credit must be used to rebook within three months of the cancellation date.

13. Waitlist Policy

• If Customers join the waitlist for a Pop-in Session, they will receive an email notification if a space becomes available.
• Being on the waitlist does not guarantee a booking, and Customers are not obligated to book once notified.
• Other Customers on the waitlist will be notified simultaneously, with no preferential access granted. A space may be booked by another Customer before another Customer has the opportunity to confirm their booking.
• Customers will remain on the waitlist until they either book a session, the event date passes, or the Customer removes themself through the 'My Pop-ins' section in their Customer Account.

14. Gift Card Policy

By purchasing or redeeming a Pop-in Portraits gift card, you agree to the following terms:

• Gift cards are prepaid vouchers that allow the recipient Customer to purchase Pop-in Sessions up to the specified value.
• Gift cards cannot be exchanged for cash, withdrawn as cash, or replaced if lost or stolen. They are not legal tender, account cards, credit, charge, or debit cards, and cannot be returned or canceled after purchase.
• Gift cards are issued in the purchaser's local currency and cannot be redeemed in alternative currencies.
• Partial redemptions are allowed, meaning the gift card value can be used across multiple bookings until the full value is used.
• Gift cards are valid for one year from the date of purchase. The expiration date will be stated in the purchaser's confirmation email. Any unused value after the expiry date will be forfeited and become the property of Pop-in Portraits. The expiration period may be extended at the discretion of Pop-in Portraits, or a new gift card may be issued to replace one nearing expiry.
• If a Customer redeems a gift card and later reschedule to a date after the voucher expires, the voucher credit will still apply (subject to rescheduling fees).
• Gift cards are valid only for the specific Pop-in Session type listed on the voucher.
• Bookings made with gift cards are non-refundable and cannot be canceled or transferred to a different photographer.
• To redeem a gift card, the Customer must create an account on the Pop-in App and enter the voucher code at the payment screen.
• Gift cards are not available for the purchase of additional photo Unlocks or photo Unlocking credit bundles.

15. Marketing Promotions

1. Bring a Friend

   • Pop-in Portraits offer an ongoing "Bring a Friend" promotion, where existing customers will receive one free close-up portrait when they refer a friend. The referred friend will also receive a free close-up portrait.
   • This can be done through the Pop-in app using the ‘Bring a Friend’ button located in the logged in top menu.
   • The friend must be new to Pop-ins to qualify.
   • The free close-up portrait will be automatically added to a Customer’s cart at check out when booking Their next Monthly Pop-in.
   • Free close ups expire in 3 months from the date of referral.
   • There is no limit on how many friends a Customer can refer.

2. Free Bump Portrait

   • Free bump portraits are available once per pregnancy and cannot be combined with any other promotions or special offers.
   • Bump portraits are available at Maternity Bump Pop-in Sessions across all Pop-in Portrait locations.
   • To claim your free bump portrait, click the “Book your free Bump Pop-in” button here, and the “free bump” will be added to your Customer Account. You can book either at sign-up or later at an event near you.
   • Free bump bookings are non-transferable to born babies. If your baby is born before you redeem the free bump portrait, the offer is forfeited, and any existing appointments with the free bump code will be cancelled. A new Pop-in Session must be made at full price to receive a portrait of your baby.

3. Competitions and Giveaways

   • All competitions and giveaways comply with the hosting platform’s policies.
   • Giveaways are not endorsed, sponsored, or administered by the hosting platform, nor associated with any giveaway.
   • By entering, you release the hosting platform from any responsibility to entrants or participants.
   • Sharing pages, giveaway posts, or tagging friends is not a condition of entry for any competition.

16. Communication Preferences and Consent

1. Text Notifications (SMS)
   • By subscribing to text notifications, you consent to receive appointment reminders at the phone number provided.
   • For assistance, contact support@popinphotos.com or reply "HELP."
   • To unsubscribe from Pop-in Portraits SMS messages, reply "STOP" at any time. Message and data rates may apply. Message frequency may vary.
2. Email Marketing and Promotional Lists

   By subscribing to our email marketing communications, you consent to receiving promotional emails, updates, and event notifications from Pop-in Portraits at the email address provided.

   • You have the ability to opt in or opt out of email communications at any time by updating your email preferences in your Customer Account.
   • We respect your privacy, and your email address will be used solely for the purpose of sending you relevant information about Pop-in Sessions, services and promotions.
   • The frequency of email communications may vary, depending on Pop-in Sessions, events, promotions, and updates.
   • Unsubscribing from promotional emails will not limit the important transactional emails (such as confirmations and reminders) sent as part of your booking process.

17. Intellectual Property

• All intellectual property (including copyright) related to the Pop-in Session, including setup, the workings of the Pop-in App, and digital files, are owned by Pop-in Portraits under the Copyright Act 1994 (NZ) and local copyright laws in your location.
• All such rights are reserved.

18. Trademark

• Pop-in is a registered trademark in New Zealand, Australia, and Canada, with pending registration in the UK, USA, and the EU.
• You are not permitted to use Little Annie copyright or trademarks without prior approval from Pop-in Portraits, except as outlined below.

19. Digital File Use

• You are granted a non-exclusive licence to use the digital files for personal, non-commercial use only.
• You may share the digital photos with third parties without additional consent.
• For commercial use, such as product marketing or online competitions, you must seek express advance written permission from Little Annie via email.

20. Image Release for Marketing

• Our photographers appreciate being able to share their favourite photos in marketing efforts to support Pop-ins.
• By toggling on the checkbox in your Customer Account, you grant permission for your images to be used locally for marketing, both online and in print, by your preferred photographer.
• You may adjust your sharing permission at any time. Turning off sharing will affect only future use of your images.
• To remove images from historical marketing, please contact privacy@popinphotos.com.
• For global brand-wide use of your images in marketing (both online and in print), we will ask you to complete and sign the marketing waiver form, contact support@popinphotos.com to opt in.

21. Usage Restrictions and Liability Limitations

• Pop-in Sessions are for domestic and private use only.
• You agree not to use our site for any commercial or business purposes (see above), and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• Pop-in Portraits does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or contractors, and for fraud or fraudulent misrepresentation.
• Pop-in Portrait's total liability arising out of Pop-in Sessions or use of the Pop-in App is limited to direct losses only up to the price of your Pop-in Session you attended in the month of the loss.
• These terms and conditions do not exclude, restrict, or modify your rights under the Consumer Guarantees Act 1993 (NZ).

22. Account Security, Availability & Access

• Pop-in Sessions and the use of the Pop-in App are subject to our privacy policy, and your personal information will only be used in accordance with this policy. The privacy policy also contains detailed information on data privacy and security.
• You agree that your information may be shared with the local photographer running Pop-in sessions in accordance with Pop-in Portrait's privacy policy.
• You are responsible for keeping your Customer Account details secure.
• Pop-in Portraits is not liable for unauthorised third-party access to any Customer Account, and we reserve the right to disable your Customer Account if, in our reasonable opinion, you have failed to comply with these terms and conditions.
• Pop-in Portraits does not guarantee the availability or uninterrupted access to the Pop-in App, your Customer Account, or its content.
• We may suspend, withdraw, or restrict availability of all or part of the Pop-in App for operational reasons.
• You agree to release Pop-in Portraits from any liability for any claims whatsoever for consequential losses or in the event that written or digital materials or data are damaged, lost through computer or technology malfunction, hacking, lost in the mail, or are otherwise lost or damaged.
• We recommend that you keep a back-up of your Pop-in photos in the event of a malfunction outside of Little Annie's control.

23. Governing Law

• The laws of New Zealand apply to these terms and conditions, Pop-in Sessions, and any related subject matter.
• You and Pop-in Portraits agree that the courts of New Zealand will have exclusive jurisdiction over any dispute, however any judgement can be enforced in the country you are a resident in.

24. Inclusive Language

• References to gendered roles (e.g., Mum, Dad) are inclusive of all parents, grandparents, and caregivers, regardless of gender identity. We strive to create an inclusive space for all families.

25. Acceptance of Terms

• By using our site, you agree to these terms and conditions. If you do not agree, you must not use our site.
• We recommend printing a copy of these terms for future reference. These terms may be updated periodically to reflect changes to the Pop-in Sessions, your needs, or our business priorities
• We will endeavor to give you reasonable notice of any major changes.