Service Terms & Conditions.

Definitions

  1. ‘We’, ‘us’, 'our' means April Gillies Photography, its representatives and employees.

  2. 'Client' or ‘you’ means the client, its representatives, agents and assigns and successors.

  3. ‘Usage License’ or ‘License’ means those rights licensed to the company, corporation, business or entity named on the License.

  4. 'Work', ‘image’ or ‘images’ means the photographic material produced, whether still or moving, created by the Photographer by digital capture or film including video. This photographic material captured includes only the deliverables agreed upon in the Quote.

  5. 'Quote' or 'Estimate' means the written document issued by the Photographer to the Client, outlining the scope of work, deliverables, usage rights, fees, and payment terms, and accepted by the Client as part of this Agreement.

1. Acceptance

In commissioning the Photographer Services, you agree to terms of this Photography Services Agreement, as outlined here. You agree that you are engaging the Photographer to provide, and the Photographer agrees to provide, the Photography Services described in the Quote, previously issued and accepted by the Client.

2. Copyright

April Gillies Photography retains all moral rights to the Work and reserves all rights not explicitly licensed to the Client under this Agreement. Although Copyright of the Work is retained with April Gillies Photography, the Client is not required to credit April Gillies Photography when the work is published as the Work has been licensed to the Client as per below "Usage Licence & Exclusivity" section. However, if the Client does wish to credit April Gillies Photography, the appropriate credit is April Gillies Photography - www.aprilgillies.com or @aprilgilliesphotography.

3. Usage License & Exclusivity

3.1 April Gillies Photography the creator of the Work, hereby grants to the Client a license to use the Work strictly as per the following conditions and the Items outline in the Quote. The license is governed by the Copyright laws of Australia, as specified in the Copyright Act 1968:

Date:

Licensor:

Credit:

Duration:

Licensee:

Exclusivity: Exclusive

Region: Worldwide (territory) for digital uses + Australian (territory) for all other uses

License Type: Standard Commercial Image License

Media:

  • Includes Below the Line (owned media) including company website (& Amazon store if applicable), company email lists (direct mail campaigns), company blog, company docs/presentations, trade/industry show/expo signage, press releases inc editorial & industry awards (digital or print), social media (organic & paid advertising) + 3rd Party promotional (unpaid organic) digital (websites) or print (editorial coverage) mediums.

  • Excludes Above the Line (mass paid media) - Billboards, Out of Home (posters, banners, street furniture, transit stations), Packaging, POS in stores, Press (trade or consumer magazines & newspapers, local & national), Television.

3.2 All rights not specifically granted in writing remain the exclusive property of April Gillies Photography. Additional usage of the Work by the Client shall require a separately negotiated license and will attract additional usage fees, which will be added to the Balance Invoice fee payable. The license is non-transferrable, and the Work may not be passed on or sold to any 3rd party or parties without written consent from April Gillies Photography. Modification (editing, altering, incorporation) of the Work is strictly prohibited and this includes adding presets and/or filters when posted on social media. Any unauthorised use of the Work, including use for AI training or generation, outside the agreed License terms will constitute copyright infringement. The Client agrees to pay additional usage fees at the discretion of April Gillies Photography, along with any associated legal fees incurred to enforce copyright protection.

3.3 The Work may not be published, shared, or distributed by the Client until full payment has been made. Following delivery, April Gillies Photography retains the right to use the Work for self-promotion, including portfolio use and behind-the-scenes content, unless otherwise agreed in writing. Clients must notify April Gillies Photography of any product embargo or restrictions prior to the shoot date to ensure compliance.

3.4 If requested by the Client (request must be received prior to the agreed shoot date), products/samples supplied to April Gillies Photography to complete the Work, can be returned via courier/post (at the Clients expense) at the requested time (and within 2 weeks) after the Work is complete or at an agreed time. The shipping/postage cost will be added to the Balance Invoice fee payable. If the Client does not request prior to the shoot to have the products/samples returned or the products/samples are perishable and/or have been opened/used to complete the Work, they will not be returned. In this case, the Clients products/samples will not be stored by April Gillies Photography for any duration greater than 2 weeks after the date of completion of the Work, after which time they will be disposed of.

3.5 Final content delivery (images and/or video) will be delivered to the Client within 10-14 days of the completion of the shoot, unless agreed otherwise. If the Client requests that the work be delivered sooner, a rush fee of $500 will be charged to the Client.

4. Fees, Payment & Terms

4.1 Fees. Client agrees to pay the Photographer the Fees as set out in the Quote. Any work completed in addition to the Item outline in the Quote (such as additional editing, additional retouching, file manipulation/resizing/additional versions), will be charged to the Client at $140 per hour. If the Client requests that the work be delivered sooner than what the Photographer is able to fit into their schedule, a rush fee of $500 will be charged to the Client. If a reshoot is requested by the Client after the Work has been completed and delivered to the Client, 100% of all original costs and fees will be charged and the re-shoot cost will be re-quoted by the Photographer for the Clients approval.

4.2 Quote. The Quote is valid for 7 days from the date of issue or by the document expiry date. A 50% Deposit Invoice will be issued upon Quote acceptance. At least 2 weeks notice of the intended shoot date(s) is required unless the shoot is deemed urgent in which the shoot will be scheduled in at the first available time and a Rush Fee (as above) for editing/retouching will be added to the Quote (and should have already been discussed and agreed upon at the time of accepting the Quote).

4.3 Deposit Invoice. Client acknowledges and agrees that a non refundable, 50% Deposit Invoice will be issued upon the signing of this Agreement. All fees quoted are exclusive of GST unless otherwise stated. Payments may be made via EFT (bank transfer) or Credit Card (if requested), and the Client agrees to provide proof of payment if requested. Client agrees to pay the Deposit Invoice upon receipt and by the due date. The booking and shoot date is not deemed confirmed until the Deposit Invoice amount is received, therefore, the Photographer is within their rights to cancel the Quote and Photography Services Agreement and take a Booking Request and Deposit payment from an alternate client, for the same shoot date. Should this situation occur, the Photographer will communicate with the original client in writing and should they wish to proceed with the services, they will be required to accept a new Quote and Photography Services Agreement as well as request an alternate shoot date and make a Deposit payment to confirm the new date. The Deposit Invoice amount will be credited towards the total Fees payable by Client. License usage rights are not transferred upon the payment of the Deposit Invoice and will only be transferred upon full payment of the Balance Invoice.

4.4 Balance Invoice. Photographer will issue a Balance Invoice to the Client upon delivery of the Photography Services (watermarked images/video without download access). All fees quoted are exclusive of GST unless otherwise stated. Payments may be made via EFT (bank transfer) or Credit Card (if requested), and the Client agrees to provide proof of payment if requested. Client agrees to pay the Balance Invoice upon receipt and by the due date. Upon receipt of the final balance payment, the Photographer will provide the Client with the Photography Services (unwatermarked images/video with full download access). Client acknowledges that the final amount payable will reflect the creative fee balance due as well as any production expenses incurred in order to complete the Work and therefore may vary from the original Quote. Client confirms and agrees that the final calculations provided in the Invoice, will be the final amount payable. License usage rights are transferred upon full payment of this invoice.

4.5 Late Payment. Late payments will incur a late fee of 10% per month on the outstanding balance. If the balance is not paid within 30 days of the due date, the Photographer reserves the right to take legal action to recover the amount due, including additional costs for enforcement. Photography Services will not be provided until the final balance payment is received.

4.5 Travel Expenses. Client will be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Photography Services or travel that is otherwise requested by Client. A travel fee of $1 per km + $250 per hour will be charged to the Client.

4.6 Image Storage. Photographer will store all original captures (RAW and JPEGS) for a period of 6 months only after the files have been delivered to the client after which time the Client will be responsible for having downloaded, saved and stored the work in an appropriate location so that they can access the work after it has been removed (ie deleted) from the Photographers storage system.

4.7 Additional Image Purchase. The Client may purchase additional images over and above the agreed number (as specified in the Item outline in the Quote). These will be charged to the Client at $100 per image which will be added to the Balance Invoice fee payable issued upon image delivery.

5. Artistic Release

5.1 Consistency. Photographer will use reasonable efforts to ensure that the Photography Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

5.2 Style. Client acknowledges and agrees that:

  • Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Photography Services in a similar style.

  • Client has provided the Photographer with relevant artistic direction of the style of the Work they desire including but not limited to; lighting, colour palette, identification of image orientation, backdrop and prop selection (if applicable) as well as any other specific conditions required for incorporation.

  • Photographer will use their artistic judgement when providing the Photography Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Photography Services; and

  • Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

6. Term and Cancellation

6.1 Term. This Agreement will begin upon execution and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).

6.2 Cancellation. In the event of cancellation by the Client, all deposits are non-refundable. If cancellation occurs within 14 days of the scheduled shoot date, the Client will be liable for 50% of the total quoted Fees, including any incurred expenses (e.g., studio or prop costs). Cancellations with less than 72 hours' notice will result in 100% of the quoted Fees being due.

      

6.3 Rescheduling. In the event of rescheduling by the Client, the Photographer will use commercially reasonable efforts to accommodate the Client’s change. The Client is to provide written notice at least 72 hours before the original date of the Photography Services. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as a Cancellation by the Client and that the Photographer will be under no obligation to perform the Photography Services other than on the original date of the Photography Services. If the Client reschedules with less than 72 hours' notice, the Photographer reserves the right to charge rescheduling fees, including but not limited to studio rebooking costs.

6.4 Replacement. In the event that Photographer is unable to perform the Services, subject to Client’s consent, which is not to be reasonably withheld, the Photographer shall nominate a replacement Photographer to perform the Photography Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Deposit and all fees paid by Client, and thereafter shall have no further liability to Client.

7.  Indemnity and Limitation of Liability

7.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Photography Services provided to Client.

7.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Photography Services not performed (other than the Deposit) shall be returned within 15 days of the date of termination of the Agreement.

7.3 Failure to Deliver. Photographer shall not be held liable for delays in the delivery of such Work, or any Work undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work that fails to meet the specifications set out in the Quote due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer (e.g., missed camera flashes).

7.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of, or related to the Photography Services shall not exceed the total Fees payable under this Agreement. The Photographer shall not be liable for any indirect, incidental, special, or consequential damages arising out of, or related to this Agreement, including but not limited to loss of profits, revenue, or data.

7.5 Waiver. Client (on behalf of themselves and any other participant whose image or recording may be captured by the Photography Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

8. General

8.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent: Photographer’s Email: %company_email%, Client’s Email: %client_email%.

8.2 Survival. Articles 2, 3, 6, 7 & 8 will survive termination of this Agreement.

8.3 Governing Law. This Agreement will be governed by the laws of Queensland, Australia.

8.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

8.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Photography Services and supersedes all prior agreements and understandings both formal and informal.

8.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision, and all other provisions will continue in full force and effect.

8.7 Dispute Resolution. In the event of a dispute arising out of, or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved within 30 days, it will be referred to mediation or binding arbitration in accordance with the Commercial Arbitration Act 2013.

FOR ANY QUESTIONS OR NOTICES, PLEASE CONTACT US AT:

April Gillies Photography ABN 52 582 520 226

Email: hello@aprilgillies.com

Last update: 17th February, 2025