Picture X Terms and Conditions
 

All uses of the phrases “Picture X”, “Photographer” and “Photographer’s” refer to both “Picture X” &
“Picture X’s Employees”. All uses of the phrases "you", "yourself", “your” refers to "Client". All uses of
the phrases “shoot” or “the shoot” refer to the day of the shoot for videography or photography work. All
uses of the phrases "service agreement", "contract" refers to "contract"

 

1. Statement of Account
 

Your invoice shall include / list all the services conducted by Picture X on your behalf during the
prescribed period. As the Client you acknowledge that by signing Picture X's contract that this is
sufficient evidence of the purchase of Picture X's services and upon receipt of the invoice sufficient
evidence of the amount due. The following agreement will remain valid for the period of service Picture
X has been asked to provide, as mentioned in the service agreements dates and visits, and until the
invoice for these services is paid in full and no further balance is owing / outstanding.

 

2. Client Account Liability
 

The Client acknowledges that it shall be solely responsible for and bear all risk associated with the
Client’s account. The Client undertakes to pay to Picture X a 50% deposit before the shoot begins and
all other / final amounts as noted in the Statement of Account (invoice) upon its issue.
Client shall pay Picture X via cash, direct deposit, or credit card in accordance with the pricing given to
the Client in the final invoice. The initial deposit amount is due within 7 days of signing Picture X’s
contract, and the final payment is due no later than 7 days after the photography shoot. The initial
deposit is non-refundable with the exception of circumstances outside of the Picture X’s control as
mentioned at section 9. Indemnification: clause 9.2 of this contract.
Client will fully reimburse Picture X for any additional costs associated with this contract, including (but
not limited to) travel, lodging, meals, event entry fees and parking fees which will be added to the final
amounts as noted in the Statement of Account.
Payment for final photographs or videography work is due within 7 days of receipt of invoice to Client.

 

3. Assignability and Parties of Interest
 

Client agrees and understands that, unless otherwise specified in this Contract, Client is not contracting
for a personal service that will be performed by any specific Picture X Photographer. Picture X may subcontract
or assign this contract to any second-shooter, Picture X may assign any Photographer
associated with the Picture X business to perform its duties under this contract. All Picture X’s
photographer’s must be capable and competent to perform the services in a workmanlike manner.

 

To the extent permitted by law, Picture X will have no responsibility or liability for:
 

3.1. Any refusal by a Picture X employee or contractor or any other person to supply the service
the Client seeks to obtain, regardless of the reason for that refusal;

 

3.2. The Client acknowledges that Picture X may terminate this agreement, close the Client’s
account, and require immediate payment in full of the outstanding balance on the Client’s
business account where:

 

3.3. The Client fails to pay the amount specified in the Statement of Account by the due date for
payment as specified in Client’s Obligation to Pay.

 

4. The Client breaches any of the terms of this agreement or any other contract between the Client
and Picture X;

 

5. Payment Methods
 

Client payments shall be effected by way of cash, cheque; electronic funds transfer (EFT) or Visa,
MasterCard Credit Cards via Stripe which Picture X in its absolute discretion may determine.

 

In consideration for the photography services provided by Picture X, Client agrees to pay the sum
mentioned in the final invoice to Client. Client agrees to pay Picture X a non-refundable initial payment
totalling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The
initial payment reserves the Picture X’s time and is not a retainer or deposit. Picture X agrees to not
advertise availability of this same time slot to any other potential clients. If Client cancels this shoot for
any reason, the initial payment will not be returned to Client. The balance of the payment for any and all
services must be paid in full no later than 7 days after the date of the shoot.

 

The Client’s account will be credited from the date a payment is received by Picture X, other than in the
instance when a cheque is used as the method of payment. Where the Client pays by cheque the
Client’s account will be credited by the amount of the cheque payment when the cheque is cleared.

 

Credit card payments will incur a merchant fee. Pricing: Australian issued cards including Amex 1.75%
+ 30¢ and Non-Australian issued cards 2.9% + 30¢.

 

6. Work Product
 

Picture X will deliver digital proofs of photos or videos to Client within 7 days of the photography /
videography shoot. Client will then have 7 days to provide a written list of the photographs desired for
final production and delivery, including format.

 

Client understands and agrees that proofs are the exclusive property of Picture X and Client has no
right to these photos except for a license to review them, but not store the proofs.

 

All photos delivered to Client are licensed for Client’s and Picture X’s use only.
Picture X retains full copyright to all photographs taken during the photography shoot, but grants
unlimited, non-exclusive, non-transferrable rights to Client to use or reproduce any photographs
purchased as final photographs.

 

7. Scope of Work
 

Picture X agrees to provide no fewer than 50 pictures per hour for Client to review after the shoot and is
not required to provide more than this number of images. Picture X will perform basic post-processing
or digital image editing services on these photos which the photographer deems artistically necessary.

 

Any additional post-processing or digital image editing services requested by the Client after this with
incur a surcharge for post-production work as per the prices indicated on this site.

 

Picture X agrees to provide all related equipment to your specifications on the day of a booked
videography shoot with the exception of a teleprompter which can be made available upon request on
the day of the shoot for an additional fee. Picture X will perform basic post-processing or digital image
editing services on the video as the editing team deems artistically necessary. Any additional postprocessing
or digital image editing services requested by the Client after this with incur a surcharge for
post-production work as per the prices indicated on this site.

 

8. Model Release
 

Client grants permission to Picture X and its assigns, licensees, and sublicensees, permission to use
Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade,
personal use, or any and all other uses. Therefore, Picture X may use Client’s likeness and image on
Picture X’S website or other advertising. Picture X may sell photos containing Client’s likeness to third
parties.

 

9. Indemnification
 

9.1. Picture X and Client agree that Picture X is under no obligation to capture any specific moment
or pose or person(s) during the Shoot.

 

9.2. If Picture X is unable to perform the services in this contract due to any cause outside its
control, client agrees to indemnify Picture X for any loss damage or liability; however, Picture X
will return in full all payments made by Client to Picture X in relation to this Shoot.

 

9.3. Client agrees to indemnify and hold harmless Picture X for any liability, damage, or loss related
to technological failure, including data loss.

 

9.4. Client understands and agrees that Picture X is not required to maintain copies of the photos
from this shoot 60 (sixty) days after the photos have been delivered to Client.

 

9.5. Client agrees to hold Picture X harmless for any personal injury which may occur as the Client
poses or works with Picture X.

 

9.6. Picture X will strive to present photos in a workmanlike manner but is not required to cater to
specific aesthetic preferences of Client.

 

10. Duty of Client
 

Client will obtain all permissions necessary for Picture X to photograph at the Shoot. Picture X has no
duty to obtain permission of reception centres, churches, buildings, properties, or other locations to
operate thereon. Client understands and agrees that any failure to obtain these permissions resulting in
fines to Picture X, or which prevent Picture X from photographing the event(s) is not the fault, liability, or
responsibility of Picture X.

 

11. Exclusivity of Shoot with Picture X
 

Client agrees and understands that no other party other than Picture X may take Pictures of any poses,
lighting situations, or setups made by Picture X. This slows down the Photographer’s work and violates
Picture X’s right to take Pictures of the event. Client agrees to take responsibility for insisting that no
person(s) get in the way of Picture X or take Pictures in these situations.

 

12. Change in Circumstances
 

The Client undertakes to notify Picture X promptly of any change in the Client’s name, address, email,
fax or telephone number or any significant change (e.g.: cancellation of planned shoot, rescheduling of
dates or services no longer required) or deterioration in the Client’s financial position (including, but not
limited to, any significant increase in the Client’s overall indebtedness and inability to pay for the
service). If Picture X is unable to perform the services in this contract due to any cause outside its
control, client agrees to indemnify Picture X for any loss, damage or liability; however, Picture X will
return in full all payments made by Client to Picture X in relation to this Shoot as described in section 9.
Indemnification: clause 9.2 of this contract.

 

13. Other Terms
 

The terms and conditions contained herein this service agreement constitute the entire agreement
between the parties and no amendment or variation shall be of any force and effect unless in writing
and signed by both the business Picture X and the Client.

 

The Client acknowledges that no representations have been made by the Picture X or on its behalf
which have induced the Client to enter into this agreement.

 

No relaxation or indulgence granted by Picture X to the Client shall be deemed as a waiver of any rights
of Picture X in terms of this agreement and such relaxation or indulgence shall not be deemed a
novation of any terms and conditions of this agreement.

 

The Client acknowledges that it may not assign any of its rights or interests arising under or pursuant to
this agreement to a third party other than with the prior written consent of Picture X.

 

Client is solely responsible for the success of the commercial photography shoot. Picture X will in no
case be liable for compromised coverage due to lack of space, resources, or participation.

14. Copyright and Ownership
 

In accordance with the Copyright, Australian Copyright Act 1968 (as amended), the copyright of all images created by the Photographer is owned by the Photographer.  Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and  agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer’s stated payment terms.

Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer’s invoice and/or quotation. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the licence to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the Photographers invoice and/or quotation.

If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Photographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Photographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.

All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.

The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.

sales@picturex.com.au

Tel: 0475 587 717