Services Terms and Conditions

1. Services

We ("Creator") agree to provide Digital Media services to you ("Client") as described in detail on our website or in a separate proposal (the "Services"). These services may include, but are not limited to, photography and videography of events, venues or locations, portraits, or products. Service start date will be determined and defined separately of this agreement.

2. Fees and Payment

  • Total Fee: The total fee for the Services will be scoped and pre-agreed prior to shoot commencement. 

  • Additional Fees: Additional hourly services are available at a rate of $500 ex GST per hour.

  • Payment Schedule:

    • An amount of half the total of the pre-agreed Services price will be invoiced when quote has been agreed to. This amount is payable at least 2 business days before the Services start date.

    • The remaining balance of pre-agreed Services price is due 14 days after shoot date. Final Images will not be released until the remaining balance has been settled.

    • First time clients may be requested to pay the balance of the pre-agreed Service price prior to our first engagement.

  • Liquidated Damages: Client agrees that costs related to the delay of payment shall be passed onto the Client at the rate of 10% per fortnight

  • Final Invoice: We will issue a final invoice after the completion of the Services. The final amount may be subject to change based on actual expenses incurred.

3. Client Responsibilities

  • Consents: You are responsible for obtaining any necessary consents required for the Services, including permission from venues and participants.

  • Travel Expenses: You are responsible for providing transportation or reimbursing the Creator for reasonable travel expenses incurred for the Services. Additional travels expenses will be incurred when exceeding 25kms of Sydney, NSW Australia CBD radius.

4. Our Responsibilities

  • Equipment: We will provide all necessary digital media production equipment such as Cameras, Lighting, light-stands etc.

  • Manner of Service: We will perform the Services in a professional and efficient manner, minimizing disruption to your activities.

  • Staff: Our staff will follow your reasonable directions regarding safety and security at the shoot location.

5. Artistic Release

  • We will use our best efforts to ensure the Services are consistent with any agreed-upon style guide or mood board.

  • You acknowledge and agree that:

    • You have reviewed our portfolio and have a reasonable expectation of our style.

    • We have final say regarding the artistic quality of digital media production.

    • Disagreement with our artistic judgment is not a valid reason for termination or requesting a refund.

6. Term and Termination

  • Term: This agreement starts on the effective date that a quote is accepted and continues until all fees are paid and final Digital Media products are delivered.

  • Cancellation: The Client may cancel the Services with written notice at least 7 working days before the shoot date. The Client will still be responsible for the full fee if you cancel with less notice.

  • Late Policy. The Client acknowledges and agrees that should the Client be more than 90 minutes late attending the venue or locales where the Services are to be performed then Additional Hourly pricing will be added on top of the agreed Total Fee for Service.

  • Rescheduling: We will try our best to accommodate rescheduling requests. If we cannot accommodate your request, the original cancellation policy applies.

  • Replacement Digital Media: In the event we cannot perform the Services, we may provide a replacement Creator with your consent. If you do not consent, we will terminate the agreement and return your fees (excluding the retainer).

7. Ownership of Digital Media

  • The Creator reserves all copyrights and intellectual property rights to the Digital Media created during the Services per Copyright Act 1968 (Cth) 

  • The Client grants the Creator a royalty-free, worldwide license to use any materials created by the Creator or participants during the digital media production as part of our  marketing for our services.

8. Limited License for Client

  • The Creator grants The Client a non-exclusive, limited license to use the digital media for Client’s commercial use on digital media platforms such as websites and social media or otherwise agreed upon

  • Additional commercial licenses are available for purchase.

9. Indemnity and Limitation of Liability

  • The Client agrees to indemnify and hold the Creator harmless for any claims or liabilities arising from the Services or digital media production.

  • Force Majeure: Neither party is liable for delays or non-performance due to unforeseen events beyond our control (e.g., illness, natural disasters, etc).

  • Failure to Deliver: The Creator is not liable for delays or undeliverable digital media due to technological malfunctions or Client’s actions/inactions.

  • Maximum Liability: The Creator's maximum liability is limited to the total fee paid under this agreement.

10. General Provisions

  • Notices: All notices must be sent by email to the addresses listed in this agreement.

  • Survival: Certain sections of this agreement will survive termination (ownership, license, etc.).

  • Governing Law: This agreement is governed by the laws of NSW, Australia.

  • Entire Agreement: This agreement constitutes the entire agreement between us and supersedes all prior agreements.

  • Severability: If any provision of this agreement is found to be invalid, the remaining provisions will still be enforceable.