Content Photography Terms

This agreement is between (“the Client”) and Drawcard, ABN 73 053 957 471 (“the Photographer”). 

Interpretation

All words have their ordinary meaning in this agreement, unless otherwise defined.

License

The Photographer retains all copyright and intellectual property rights for each original photograph or video produced (‘Work’), and retains ownership of all working and processed files. Any Work not provided to the Client as part of a final set (including but not limited to notes, sketches etc.) shall remain the property of the Photographer. 

The Client and its agents are authorised to use the Work exclusively for marketing and promotional purposes. Beyond this purpose, the license is not transferable. 

The Work must not be transferred or re-sold to any other person or entity, without written permission from the Photographer.
Such transfers may incur additional fees.

The Work must not be used by the Client in any way that is defamatory or injurious to the Photographer, and the Photographer’s business entities, agents, and associates (“Associates”). The Work must not be used in any way that is unlawful, illegal, or discriminatory.

The following rights survive this and any future agreement: 

• The right of the Photographer to publicly display and promote any Work that is not bound by a signed confidentiality agreement.

• The right of the Photographer to claim full or co-originating authorship credit for such Work.

Releases

It is the Client’s responsibility to ensure that they have obtained any necessary releases and permissions where applicable, including but not limited to model releases, location or property releases, trademarks, registered designs, copyrighted works, or other permissions (“Releases”). 

Indemnification

The Client agrees to indemnify and hold harmless the Photographer and Associates against any actions, claims, liability, injury, or loss (“Losses”) arising from the Photographer’s performance, conduct, or lack thereof; and any Losses arising from any usage of the Work.

The Client agrees to indemnify and hold harmless the Photographer and Associates against any Losses arising where appropriate Releases are not obtained; or where a work is used in a way that exceeds or contravenes the permitted terms of Releases.

Payment

Single short & single long packages will be invoiced upon delivery of the Work to the Client. 

Payment of Monthly and Bi-Monthly packages (‘Subscription/s’) shall be split across the Subscription period, with the first payment required in advance to launch the Subscription. 

The date on which a Subscription is initiated shall become the date of first invoice (“Start Date”), and recurring invoices will be sent on that date in the subsequent months. If the Start Date falls on a date not recurring within the next month (eg. the 31st day) the closest date during that month will be used instead (eg. the 30th day).

All quotes and invoices are subject to any additional terms that may be stated on their document, eg. due dates and payment plans.

Cancellations & Postponements

If the Client cancels or postpones a shoot within 48 hours of the shoot date for any reason, the Photographer reserves the right to charge 100% of the job cost. In the case of a Subscription package, the shoot may be forfeited at the Photographer’s discretion.

If the Client chooses to terminate a Subscription during the Subscription period, full payment of the subscription fee shall
be due. Please consider a single shoot booking as a trial, if you are unsure about committing to a Subscription.

Please note that the Client is responsible for booking shoots within a Subscription package. Shoots not booked within the monthly or bi-monthly period, will be considered forfeited unless otherwise arranged. Shoots must be booked with at least 10 business days of notice given to the Photographer and shall be scheduled based on the Photographer’s availability.

The Photographer reserves the right to modify, suspend or terminate a Subscription at any time, for any reason. Reasonable attempts will be made to notify the Client in advance, should these events occur. In this instance, any fees paid to the Photographer will be pro-rata refunded to the Client.

Failure to perform

If the Photographer cannot perform due to natural disaster, strike, force majeure, or due to any other circumstance (eg. illness), then the Photographer shall reschedule a shoot, but shall have no further liability. This limitation on liability shall also apply if photographic materials are damaged in processing, lost through camera or equipment malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform
for any other reason, this shall be limited to a pro-rata refund
of monies paid by you to the Photographer.

Post processing

All photos are colour balanced, cropped, may include very minor skin or other edits. Any additional post processing requested
(eg. object removal, architectural exposure stacking) shall be charged at $150 (+GST) per hour.

Storage

It is the Client’s responsibility to properly store and make backups of the Work provided. The Photographer may not retain backups of Work delivered to the Client, nor other original files created during a project.

Travel

Any travel beyond a 20km radius from Adelaide GPO is charged at $1.10 per KM.