Terms of Service
These Terms of Service and this Contract form the basis of our arrangement to provide you with our Services and to produce your Project. The Quote we may provide, as well as all related materials, form part of this Contract and are governed by these Terms of Service and this Contract. By engaging our Services, you agree to our Terms of Service and this Contract.
1. DEFINITIONS
1.1 'Client', 'you' means the individual, company or business engaging our Services.
1.2 'Service' or 'Services' means the provision and production of all types of photographic images, video and related work, including digital and print, for personal, corporate and commercial business, training, marketing and other purposes as agreed.
1.3 'Quote' means the most recent fully inclusive cost quote or proposal for the Project provided to the Client.
1.4 'Project' means the Client work outlined in detail in the Quote.
1.5 'Content' means any and all material, links, words, moving and still images and anything else that forms part of any Project and our Services.
1.6 'We', 'our' and 'us' means Threefold Studio Photography, its directors, employees, contractors and affiliates.
2. SERVICES AND VARIATIONS
2.1 We provide our Services in a professional manner and in accordance with generally accepted industry practice and standards. We agree to perform our Services using our team, representatives and service providers who have appropriate skills to perform the Services.
2.2 At any point in the provision of the Services, you may request or require a variation ('Variation') to the Services for which we will provide a cost estimate. In the event we both agree to this Variation, we will agree timing for the additional work and the timing for payment for the Variation. If we agree to proceed, the agreed Variation will form part of and be on the same terms as the Services in this Contract.
2.3 We may substitute another photographer to take the photographs in the event of any photographer illness or circumstances beyond our control. In the event of such substitution, we warrant that the photographer taking the photographs shall be a competent professional.
2.4 Photographers are sometimes limited by rules imposed by venue management as to what can and cannot be done and used in a venue. In such circumstances the Client agrees to accept the technical limitations that may be imposed. We advise the Client to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
3. DELAYS AND CANCELLATION
3.1 Events may occur which delay or suspend shooting or production of Project Content planned for a particular date which may be out of our control. In the event that the Project is dependent on factors such as weather or other features which may be unavailable due to issues outside our control, we will not be held and are not responsible for any delays for any such reason or event.
3.2 There may be additional costs involved should the Client request any specific requirements or restrictions which may contribute to or cause the delay in commencement or finalisation of elements of the Project. These may be discussed and brought to the attention of the Client prior to commencement of the Project.
3.3 In the event of any technical or other breakdown which may delay shooting, we will reschedule the shooting to another date in accordance with the Client’s reasonable requirements.
3.4 We are not responsible for any Force Majeure event which may delay, suspend or make the Project commercially impracticable, inadvisable or impossible and require any termination of all or part of a Project. In particular, we are not liable for any failure of or delay in the performance of this Contract and our Services where such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, flooding, war, strikes or labour disputes, embargoes, government orders or any other Force Majeure event.
3.5 In the event that the Client delays the Project or any part thereof, including but not limited to shooting, capturing, or production of content that was planned for a particular date, additional costs may be incurred where equipment, travel, production teams and other resources were booked.
3.6 There is no refund of any deposit amounts in the case where the Client cancels or terminates the Project, to cover our time, project administration, pre-production costs and bookings. Where the Client terminates the Project after production commencement and before delivery of the final product for any reason, full and final payment will be immediately due and payable.
4. DELIVERY AND TIMELINES
4.1 All deliveries and timelines will be agreed at the point of receipt of the deposit amount and agreement for Services. The Client acknowledges that there may be delays in the delivery of the Project which may be out of our control and for which we may not be held responsible.
4.2 Processed digital photographs and film will be delivered when the payment balance is paid in full.
4.3 If we require feedback on our Projects to enable us to finalise and deliver the final productions of the Project, The Client acknowledges and agrees that any delay in such feedback may cause a delay to the delivery of the Project.
4.4 If we do not receive any feedback within 4 weeks of presentation of the Project pending final feedback, we may finalise the Project and issue the final invoice which will be immediately due and payable by the Client.
4.5 We retain the right to edit the photographs and omit any image in our discretion. It is understood that we will not deliver every exposure taken and the Client agrees to abide by our editing decisions.
5. PAYMENT TERMS
5.1 A non-refundable deposit of 50% of the full cost of the Project is due prior to commencement to confirm and book our Services. We will agree timelines and final delivery once this amount is received. The final payment is due on or prior to delivery of the final phase of the Project.
5.2 In the event of any late, overdue or unpaid invoice amounts, interest will incur at a rate determined in accordance with the corporate overdraft reference rate published by the Commonwealth Bank of Australia. Any debt recovery through legal or other formal proceedings resulting from late or non-payment will result in the Client being liable for all additional costs incurred.
6. STORAGE OF CONTENT
6.1 We endeavour to keep all vision, media, images, and other video content for a period of 12 months after delivery of our Services in the event you may require still images, reproduction, copies of all or any part of the Content. Please let us know if you do require any footage from your Project and we can provide a quote for recovering or reproducing any archived material.
6.2 We cannot be held liable for nor are we at any time responsible for the storage of or any loss of Content or all or any part of any Project after final delivery of the Project. For the sake of clarity, we are at no time liable for any loss of footage, images, recordings, non-recording of any footage or any Content in whole or part after delivery of the Project to the Client.
7. LIMITATION OF LIABILITY
7.1 You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services, any Content or the Project itself. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business even if the possibility of such loss was made known to us.
7.2 This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through any camera malfunction, or otherwise lost or damaged without fault on our part. In the event we fail to perform for any other reason, we shall not be liable for any amount in excess of the full cost of the Project.
7.3 The Client understands the unpredictable and non-posed nature of some photography and waives any right to any action due to missed or lost photographs. We are also not responsible for and you agree to take over and indemnify us for any third party claims that may arise as a direct or indirect result of your use of the Project and our Services.
7.4 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified ('Statutory Rights').
7.5 Our liability is governed solely by the ACL and these terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
7.6 Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
7.7 When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option: the supply of any services again; or the payment of the cost of having any services supplied again.
7.8 No agency, partnership, joint venture, or employment is created as a result of these terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
7.9 Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 This Contract is governed by the laws of NSW, Australia which are in force from time to time.
8.2 In the event of any dispute arising out of or in connection with this Contract, the parties agree to first attempt to submit to arbitration in accordance with and subject to the rules of the Institute of Arbitrators and Mediators Australia prior to litigation through any court process.