Terms of Service

SERVICES AND VARIATIONS

  • 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 qualifications and skills to perform the Services.

  • 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 listed here.

  • We, and any videographer supplied by us, shall be exclusively retained by the Client for the purpose of documenting any contracted event(s). Family and friends of the Client shall be permitted to photograph the event as long as they shall not interfere (standing in front of or behind the photographer) with our photography and provision of the Services.

  • We make no guarantee, either expressed or implied, in regard to the quality of any photographs, videos or images, if the artificial lighting provided by the Client or at the venue is unsuitable or too dark for photography or filming.

  • Photographers are sometimes limited by rules imposed by venue management as to what can and cannot be done and used in a venue. For example, some church ministers or registrars insist that no flash photography is allowed, and others will insist that photographers shoot from a specific location. 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.

  • Talent may sometimes be required. All person(s) photographed will be required to complete a Model Release Form. Images will not be released if the person(s) contained in the images do not consent to completing the form. This includes but not limited to an identifiable person(s) and/or the recognisable “likeness” of a person(s).

DELAYS AND CANCELLATION

  • 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.

  • 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.

  • 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.

  • 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.

  • 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 and/or purchased.

  • There is no refund of any advance amounts in the case where the Client cancels or terminates the Project, to cover our time, project administration, pre-production costs and bookings. Advance amounts do not cover additional costs incurred where equipment, travel, production teams and other resources were booked and/or purchased. 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.

SCHEDULE CHANGES

  • We offer flexibility in terms of date and time changes, providing that a notice of 48 hours is provided. Date changes will be valid for 6 months, from the original date, of the Project within reason. After this time, the Project will be considered as cancelled.

  • All rescheduling will be confirmed based on availability.

  • Any amount(s) spent on sourcing and/or purchasing item(s), and/or payment of service(s) prior to the rescheduling, will not be refundable. A new fee will be re-quoted for the new date.

DELIVERY AND TIMELINES

  • 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.

  • No part of any order, excluding watermarked previews, will be delivered until the payment balance is paid in full. Processed digital photographs and film will be handed over within 1 week(s) from the date of the final payment (time-frame dependant on scale of the Project).

  • Deliveries will be based on the specific number(s) of still images, media and/or other video content specified for the Project. Please let us know if you require additional footage from your Project and we can provide a quote for additional editing work on any archived material only. If we agree to proceed, the newly agreed terms will form part of and be on the same terms as the Services listed here.

  • 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. In the event that the Client does not provide feedback within a reasonable period of time, we reserve the right to charge an additional administration fee to cover any costs we may incur as the result of the delayed feedback.

  • 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.

  • 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.

  • All final deliveries must be downloaded within 14 days of release. Please be aware there are inherent risks associated with downloading any software and digital goods, and we are not liable for any lost or damaged Content resulting from any third-party file transfer service.

  • At any point in the provision of the Services, you may request or require a variation ('Variation') to the processed digital photographs 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. No cost is required for Variation such as, but not limited to, brightness adjustments, image cropping, and/or colour saturation adjustments. Notification of any variation to the processed digital photographs are required within 14 days of delivery.

PAYMENT TERMS

  • A non-refundable advance of 20% of the full cost of the Project, and 100% of the full cost of all expenses, is due prior to commencement to confirm and book our Services. Deposit amount may vary due to Project size. We will agree timelines and final delivery once this amount is received. The final payment is due prior to delivery of the final phase of the Project.

  • 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.

OWNERSHIP OF COPYRIGHT

  • All artwork, film, video production, photographic still images and ideas produced during The Project remains the copyright property of LocKlick Images and of the photographer (Maxine Lock).

  • On full payment for the Project and all Expenses, the Client will own the licensed rights only for usage on all artwork, film, video production, photographic still images and ideas provided in accordance with the License Usage Agreement. Licensed rights includes a perpetual use, for business purposes only, for website and social media platform usage. The final License Usage Agreement document will provide the specifics of the license usage rights.

  • The Client is prohibited from using the images produced by us for any other commercial purposes outside of the License Usage Agreement.

  • Images are not granted for use to any other businesses other than the Client nominated. No reselling of images are permitted by either parties.

CONFIDENTIALITY

  • We agree that we will keep confidential, not use directly or indirectly and will not disclose directly or indirectly the Project, except as required by law or any regulatory authority or otherwise with your express consent.

  • We will not disclose or allow access to any other person or third party unless required to perform the Services in which case we will ensure they are under the same duty of confidentiality.

  • All Project information and the related duties of confidentiality will remain and exist unless and until it is in the public domain at which time the duty of confidentiality no longer exists.

  • From time to time, you may provide us with information, directions or Content to be included in the Project. You warrant that the information and Content is owned by you and able to be used as part of the Project. You also agree to indemnify us for any claims that may arise directly or indirectly as a result of any information, directions or Content you provide including but not limited to copyright, defamation, reputational and other claims.

STORAGE OF CONTENT

  • We endeavor to keep all vision, media, images, and other video content for a period of 1 month 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 our fee for recovering or reproducing any archived material.

  • 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.

USE & STORAGE OF PRODUCT

  • We endeavor to keep all Products for a period of 2 weeks after final delivery of our Services. The Client agrees to the collection of their Products within this time-frame should this be the method agreed-upon.

  • All "‘Return By Post” options for Products may be delivered by Australia Post and/or other courier companies. Deliveries are processed promptly upon receipt of full payment of the delivery fee. Delivery may take between 7 to 14 days, depending on the delivery option, and we are not liable for any delays as a result of the courier company.

  • Damaged or lost courier orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. This includes any Products sent to us by the Client’s choice of courier company.

  • While we endeavor to exercise the best care for your Product(s) while under our care, some products may be opened/damaged and experience general wear & tear during the Project.

  • In the event the Product is lost and/or cannot be retrieved while under our care, we shall not be liable for any amount in excess of the wholesale cost of the Product. This applies to the time required for the photoshoot, and is inclusive of the 2 weeks period after the final delivery of our Services only. We cannot be held liable for any damaged Products(s), or lost Product(s), after this time even if the Product(s) are still under our care.

  • Any Product(s) left unclaimed after the 2 weeks period, will be donated to charity at our direction. Any Product(s) that cannot be donated to charity will be disposed of accordingly.

ITEM SOURCING AND STORAGE

  • For any item(s) purchase that is required to be completed for a Project; while we endeavor to exercise the best care, we will not be held responsible for any liabilities or claims, in the event of damages done to the item(s) during transit, storage and/or on-location during the shoot. This involves any transit between the location(s) of purchase, storage of the item(s), and transit to and from the location of the shoot. Item(s) purchase includes any items that is required to be purchased for the Project by us; and includes the required prop items, backdrops items, perishable items and similar.

  • Full payment of all item(s) purchased is due prior to the purchase of the item(s).

  • “Item” includes any item(s) purchased from a third-party for the purpose for use in the Project in addition to the Product(s).

  • The Client may wish to retrieve any of the used Item(s). We endeavor to keep all Item(s) for a period of 2 weeks after final delivery of our Services. Any Item(s) left unclaimed after the 2 weeks period will be disposed of at our own direction.

  • Any perishable Item(s) purchased will not be returned to the Client, and will be disposed of after the Project.

LIMITATION OF LIABILITY

  • 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.

  • 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.

  • 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.

  • 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').

  • 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.

  • 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.

  • 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 photography services again.

  • 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.

  • Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

GOVERNING LAW AND DISPUTE RESOLUTION

  • This Contract is governed by the laws of NSW, Australia which are in force from time to time.

  • In the event of any dispute arising out of or in connection with this Contract, the Client agrees to first advise, in writing, the nature of the dispute. Both parties agrees to first resolve the dispute, in good faith, in an attempt to resolve by agreement and/or compromise.

  • If an agreement cannot be reached to resolve the dispute, 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. Both parties must attend the mediation in good faith to seek to resolve the dispute.

  • Confidentiality is paramount to both the reputation of you as the Client and of us at LocKlick Images Pty Ltd, including any third-parties involved either directly or indirectly in connection with this Contract.

  • At no time will any communications or discussions be made public. This includes but is not limited to any social media platforms of either parties, including any third-parties involved either directly or indirectly in connection with this Contract.

  • 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.

*This is a general Terms of Service only, and the specifications may not apply to all Photography Projects.



LocKlick Images Pty Ltd ABN 906 5246 1277