Sydney's leading social media and visual branding photography service for designers/makers, retailers, hospitality and personal branding.
TERMS & CONDITIONS
CONTENT CREATION AGREEMENT
Jasper Avenue is a product and social media content creators for leading media and advertising houses and businesses.
This Content Agreement (the "Agreement")is between Jasper Avenue ABN 12 639 649 260 (the "JA', "Agency") and you (the "Client").
Please read this document carefully as it describes the term and conditions of engagement of creative services by JA.
You are deemed to have read and accepted the Terms and Conditions contained in this Agreement by clicking "I Agree" and/or continuing to accept and engage the services of JA.
Please contact us at hello@jasperavenue.com.au if you have any questions about this Agreement.
TERMS AND CONDITIONS
1. Services
1.1. JA offers an extensive range of photography and styled social media content. Please refer to your Invoice to confirm details of service inclusions to which these terms and conditions apply.
1.2. The current core services include but are not limited to the following:
1.2.1 Per Image Photography
1.2.2 Full-Day Photo Shoot – 8 hours
1.2.3 Half-day Photo Shoot – 4 hours
1.2.5 The fees detailed above are for use on your digital platforms only.
1.2.6 Express permission and additional licence fees apply for the use of images in print and other media advertising.
1.2.7 For further permissions and licence information, please contact us at.
2. Pricing and payment
2.1 All prices for services and all payment plans offered by JA exclude GST.
2.2 All services are invoiced directly to you. Please refer to your Invoice for details of your selected services to which these terms and conditions apply.
Payment Terms
2.3 Half-Day and Full-Day photoshoots
2.3.1 A 50% non-refundable deposit is required to confirm your booking.
2.3.2 Re-shoot fees are charged at $350/hour.
2.3.3 Extra costs for a model, styling/sourcing (if required), deep etching and complex retouching will be confirmed at the time of the request.
2.4 Payment for all services is accepted by Bank Transfer and Credit Card.
2.5 Credit Card payments will incur a merchant fee of 1.75%, which will be reflected in your Invoice.
2.6 We reserve the right to change service offerings and prices at any time. Please check the website to confirm current prices or email hello@jasperavenue.com.au
2.7 Deposit payments must be made before the shoot.
2.8 Full payment required before delivery of image files.
Urgent requests
2.9. JA reserves the right to charge a fee of up to 50% premium on any service fee requested on an urgent basis.
File retrieval
2.10. JA reserves the right to charge $100.00 to process any file retrieval request received 90 days from the booked photoshoot.
3. Booking your photography shoot
You understand and agree:
3.1 All bookings are to be confirmed by you via email and must include:
a. Your contact details or your company representatives contact details (mobile phone number and email address and ABN)
b. Payment notification of the required deposit to secure your requested service booking.
Product photography
3.2. All products required for the photoshoot must be shipped or delivered to JA.
3.3 While JA will exercise the utmost care in handling your products, some products may be opened/damaged during the creative process.
3.4 Additional charges may apply to cover the return cost of the products.
3.5 Products can be stored for up to 14 days after the shoot.
3.6 You are responsible for collecting the products or arranging return shipping within 14 days of the photoshoot.
3.7 Unclaimed products will be disposed of by JA after 14 days and at our discretion.
3.8 All content and product/s required by JA must be provided before the photoshoot. Failure to provide content and products on time will result in a reschedule of the photoshoot.
3.9 While every effort will be made to reschedule to the date preferred by the Client, JA does not guarantee that a requested reschedule date will be available.
3.10 JA is not responsible for the late delivery of services due to a delay caused by the Client.
Communication
3.11 All communication about bookings, photoshoot bookings and any other matter is to be via email only.
3.12 JA will not be responsible for communication via any other method or platform.
Rescheduling
3.14 Any request to reschedule a photoshoot must be made in writing.
3.15 Where a request to reschedule is made more than seven (7) days from the date of the photoshoot, a date may be rescheduled without penalty, and no rescheduling fee will apply.
3.16 Where a request to reschedule is made within seven (7) days of the photoshoot, a reschedule of $350 applies.
3.17 Every effort will be made to accommodate your preferred reschedule date; however, your preference is not guaranteed and will depend on availability.
3.18 From time to time, JA may need to reschedule a photoshoot. In such cases, a mutually convenient reschedule date will be negotiated with the Client.
Model Release
3.19 A Model Release and or Parental consent may be required. Upon request, you agree to provide the following documents to JA at the time of payment of content creation service:
a. Signed and dated Model Release (Schedule A – Model Release); and /or
b. Parental Consent (Schedule B – Parental Consent)
4. Delivery
All services
4.1 Image proofs (proof sheets) are provided within seven (7) working days of the photoshoot.
4.2 Upon approval of the proof sheet and payment of the balance of any fees due, final images will be delivered to the Client within seven (7) working days.
5. Amendments and revisions
You understand and agree
5.1 JA will provide one round of revision of images identified as non-conforming to the description provided in the Client brief.
5.2 Additional fees will apply where the Client request further changes and amendments to the images after revision.
5.3 Additional work will be invoiced at an hourly rate determined at the time of the request.
6. Refund and cancellation policy
6.1 JA provides a professional service with quality content based on detailed briefs and does not offer refunds for professional services.
6.2 There is no refund for a change of mind.
6.3 Where a Client is genuinely unhappy with the final images and provides reasonable and detailed reasons for their dissatisfaction evidenced by their brief, the Client may be offered a re-shoot, at our discretion entirely, to rectify any issues at no extra cost to the Client.
6.4 Where an offer for a re-shoot is declined, there is no refund.
6.5 Where an offer for a re-shoot is declined, the Client is permitted to use the images provided.
Cancellation
6.6 Where a Client wishes to cancel the Agency's services, the Client must notify JA in writing via email. With 72 hours' notice.
6.7 The 50% deposit fee paid at booking is non-refundable.
6.8 There is no refund at any time for a change of mind.
6.9 There is no refund if you fail to meet your obligations under these terms and conditions.
7. Intellectual property rights and usage
You understand and agree:
Client usage
7.1 All content materials, including but not limited to proofs, digital files, printed images, and documents, shall be the exclusive property of JA.
7.2 JA grants the Client a non-exclusive, restricted and perpetual licence to use all content produced for business use only.
7.3 The Client shall only use the including digital files, in accordance with the permissions within this agreement.
Reproduction and modification
7.4 The Client shall not submit images to competitions or exhibitions, modify images in any manner, reproduce any image for commercial use or authorise any reproductions by parties other than JA.
Commercial use
7.5 The Client is strictly prohibited from using the images produced by JA for any other commercial purpose such as the use of the image for advertising campaigns to include "out of home" advertising, commercial television, print campaigns or third party use, other than for their own business unless a licence or assignment for fee agreement is entered into between the Parties.
7.6 For license enquiries, please email JA.
Digital file print release
7.7 If JA provides a digital file print release, the Client must act in accordance with the release.
7.8 The high-resolution images provided to the Client are only for business use.
Image use on social media
7.9 The Client shall not copy, download, screenshot, share or capture the photographs in any other fashion.
Image selection for release
7.10 JA retains the right to select photographic images for release to the Client.
Permitted use
7.11 JA retains the right to include finished images in its professional marketing and portfolio.
Third Parties
7.12 No licence to use images is granted to any third party.
7.13 Any usage of the images by a third party is strictly prohibited unless approved in writing by JA.
7.14 Written permission may be requested by email.
8. Termination
8.1 JA are industry professionals and experts in the field of business content creation, with qualifications, experience and skill to complete your brief with an exceptional outcome, provided you meet your obligations within the professional working relationship.
8.2 You understand and agree:
a. JA reserves the right to terminate your brief at any time if there is an evident lack of commitment to the brief.
b. You will be notified in writing, and termination of the brief will be immediate upon notification.
c. You will be invoiced and liable for fees for work done up to termination.
d. Completed digital files will be transferred to you upon payment of any outstanding fees.
e. Incomplete files will not be available for transfer.
9. Feedback & dispute resolution
You understand and agree:
9.1 You will contact JA immediately with any concerns so that they may be resolved quickly and effectively.
9.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:
9.3 You must advise JA in writing the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
9.4 You agree to meet in person, via Zoom or a similar online platform, in good faith to seek to resolve the dispute by agreement and compromise.
9.5 If an agreement cannot be reached to resolve the dispute, any party may refer the dispute to an accredited mediator appointed by the Law Society of NSW.
9.6 Both parties must attend the mediation in good faith to seek to resolve the dispute through mediation.
9.7 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party is unsuccessful.
9.8 Confidentiality is paramount to both the reputation of you and JA.
9.9 At no time will any communications or discussions be made public. This includes but is not limited to any social media platforms of either party.
9.10 Any public discussion or comments about either party will be considered defamatory, harmful or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
10. Limitation of liability
You understand and agree:
10.1 Liability for the services provided by JA is governed solely by the Australian Consumer Law and these Terms and Conditions.
10.2 Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
10.3 Except for your Statutory Rights, all visual products and services are provided to you without warranties of any kind, either express or implied.
10.4 JA expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
10.5 To the extent permitted by law, JA excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this Agreement.
10.6 JA is not liable for any damages that may arise for the use of images.
10.7 JA guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
10.8 To the extent that JA is unable to exclude liability; total liability for loss or damage you suffer or incur from Services by JA is limited to resupplying the Services to you, or, at JA's option, refunding to you the amount you have paid for the Services to which your claim relates.
10.9 JA shall be held harmless for any injury to the Client, any other attending parties, and any and all property damage during the photography session and the immediately surrounding events.
11. Governing law
You understand and agree:
11.1 The Terms and Conditions in this Agreement are governed and construed in accordance with the laws of the State of New South Wales, Australia.
11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the State of NSW.
By proceeding with JA services' payment and engagement, you confirm that you have read, understood, and agreed to the terms and conditions in this Agreement.
