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Service Contract

(Photography)

Jade Warne is the Principal Photographer at Hipster Mum. 

This document is a Service Contract (the “Contract“) between Jade Rachel Warne ABN 24 246 630 515 trading as Hipster Mum (the “Photographer“, “Hipster Mum”) and YOU (the “Client“).¬† This contract is not with Unstoppable eCommerce.¬†

You are required to sign this document via our digital signing platform before services commence. Please contact me at jade@hipstermum.com if you have any questions about this Contract.

TERMS AND CONDITIONS 

  1. Services 

1.1 Hipster Mum offers an extensive range of business photography services. 

  1. Event Photography 
  2. Business Branding Photography services 
  3. Personal Branding Photography (1:1) 
  4. Product Photography 

iii. Videography 

1.2 All prices are provided upon application. 

  1. Pricing and payment 

2.1 Please refer to your Briefing Document for details of your selected services to which these terms and conditions apply. 

2.2 Full payment is required immediately upon receipt of invoice post photoshoot. 

2.3 Payment for all services is accepted by Bank Transfer, Credit Card, and PayPal 

2.4 We reserve the right to change service offerings and prices at any time. 

Travel Expenses 

2.5 Fees quoted are inclusive of travel costs for photoshoots in Sydney and Canberra. 

2.6 Travel expenses beyond Sydney and Canberra will be discussed and approved before travel and charged to the Client. 

Group Photo Shoots 

2.7 A non-refundable booking fee of $100 is required for all group bookings. 

Unpaid invoices 

2.8 Hipster Mum reserves the right to pursue unpaid invoices, including debt collection and solicitor costs, where the Client has expressly stated they do not intend to pay their Invoice or where the Invoice is unpaid beyond 30 days from the invoice date without an approved payment arrangement 

2.9 Hipster Mum accepts no liability or responsibility for loss of income or damage to the Client due to non-payment. 

  1. On the day of the photoshoot 

You understand and agree: 

3.1 You are responsible for noting any important elements or areas to be photographed. 3.2 In the absence of your input, the Photographer will apply her professional judgment and experience for the best outcome. 

3.3 It is the Clients responsibility to ensure that children are looked after and managed. Hipster Mum is not responsible for the management, safety and welfare of any children at any time. 

Hair and makeup suppliers 

3.4 Hair and makeup artists onsite are independent contractors, and you are encouraged to communicate directly with them. 

3.5 If the Client is, in any way, dissatisfied with their hair and makeup, Hipster Mum takes no responsibility. 

3.6 If the Client is running late for their booked session, then Photographer will attempt to make up the time. Making up for the lost time is not guaranteed, and photoshoot session extensions are not permitted. 3.7 Changes in the scope of work on the day of the photoshoot will incur additional fees. 4. Rescheduling the photoshoot 

You understand and agree 

4.1 Any request to reschedule a photo shoot must be made in writing. 

Group photoshoots 

4.2 Where a request to reschedule is made more than seven (7) days from the date of the photo shoot and the new photoshoot date is within the next six (6) months from the original photoshoot date, no penalties and no rescheduling fee will apply. 

4.3 Where a request to reschedule is made within seven (7) days of the photoshoot or the Client cannot reschedule the photoshoot date in the next six (6) months, the booking fee of $100 is forfeited, and a fresh booking is required. 

4.4 Every effort will be made to accommodate your preferred re55schedule date; however, your preference is not guaranteed and will depend on availability. 

  1. Image Delivery 

5.1 Delivery of images is dependent on the type of photography service delivered. (refer to your Briefing Document.) 

5.2 Priority requests will incur an additional Rush Fee. 

  1. Refund Policy 

You understand and agree 

6.1 Booking fees for Group photoshoots are non-refundable. 

6.2 Extensive workshopping and checks are in place throughout the photoshoot process to ensure high quality, on brief outcome 

6.3 The Client has multiple opportunities to provide feedback, including a detailed Briefing Document and progress images. 

6.4 In the unlikely event, the Client is unhappy with the final images, the Client remains liable for full payment of services. 

  1. Intellectual property rights and usage 

You understand and agree 

Licence 

7.1 All photographic materials, including but not limited to digital images and documents, shall be the exclusive property of Hipster Mum. 

7.2 Hipster Mum grants the Client a non-exclusive, restricted, and irrevocable licence to use all images produced, digital and print, for their sole business marketing and promotion only. 

7.3 Any doctoring or tampering of original images for inappropriate content use is prohibited. Commercial use 

7.4 The Client is strictly prohibited from using the images produced by Hipster Mum for any other commercial purpose or third-party collaboration unless a licence or assignment for fee agreement is entered into between the Client and Hipster Mum. 

Third Parties 

7.5 No licence to use images is granted to any third party. 

7.6 Any usage of the images by a third party is strictly prohibited unless approved in writing by Hipster Mum. 7.7 Written permission may be requested by emailing jade@hipstermum.com. 

Image use on social media 

7.8 The Client is welcome to share images on social media, provided the image use is for their specific business (non-commercial use see clause 7.4) only. 

7.9 The Client is invited to tag Hipster Mum as follows: @smallbusinessgrowthclub or 

@hipstermumphotograpy, or credit Hipster Mum Photography in relevant posts. 

Permitted use 

7.10 The Client permits Hipster Mum & Unstoppable eCommerce to use finished images in their professional marketing and portfolio, website and social media channels in the future unless requested otherwise by the Client in writing. 

  1. Termination 

You understand and agree in the unlikely event of termination: 

By Hipster Mum 

8.1 Hipster Mum reserves the right to terminate your brief at any time if there is a clear lack of commitment to the brief. 

8.2 You will be notified in writing, and termination of the brief will be immediate upon notification. 8.3 You will be invoiced and liable for fees for work done up to termination. 

8.4 Upon payment of any outstanding fees, completed digital files will be transferred to you. 8.5 Incomplete files will not be available for transfer. 

By Client 

8.6 If the Client terminates on the day of or during the actual photoshoot for any reason, without providing an opportunity for rectification, the Client remains liable for payment of fees in full due immediately. 9. Feedback & dispute resolution 

You understand and agree: 

9.1 Photoshoots are constantly evolving. 

9.2 To speak to Hipster Mum immediately with any concerns to resolve them quickly and effectively. 9.3 Resolution of any issues is a private matter, and discussion between parties is to remain confidential at all times. 

  1. Limitation of liability 

You understand and agree: 

10.1 Liability for the services provided by Hipster Mum 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. Hipster Mum expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose. 10.4 Hipster Mum is not liable for any damages that may arise for the use of images. 

10.5 Hipster Mum guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised. 

10.6 To the extent that Hipster Mum is unable to exclude liability; total liability for loss or damage you suffer or incur from Services by Hipster Mum is limited to resupplying the Services to you or, at Hipster Mum’s option, refunding to you the amount you have paid for the Services to which your claim relates.¬†

10.7 Hipster Mum shall be held harmless for any and all 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 Contract are governed by the laws of the Australian Capital Territory (ACT). 

11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the ACT. 

By engaging Hipster Mum, you confirm that you have read, understood and agree to the terms and conditions contained in this Contract.