This Client Services Agreement (“Agreement”) is entered into, and is effective as of the Agreement Date (as defined by the contract) by and between Monica Larosa (ABN: 62 696 653 143) trading as “On Film Photography” hereinafter OFP and the person(s) identified as the Client of this Agreement.

1. DEFINITIONS

1.1. “Assignment” refers to the shoot day and any related photography or cinematography services described on the Agreement that Client is specifically commissioning OFP to perform.

1.2. “Cancellation” means that the Assignment is cancelled by the Client and not rescheduled. In the event of Cancellation, the Client will be responsible for those fees, costs and charges set out in section 5.1 and 5.1.1 below.

1.3 “Work” means all related image or video files created by OFP while performing the Assignment.

1.4 “Mood Board” means a Client-produced arrangement of images, materials, and/or a written brief intended to evoke or project a particular style or concept to OFP.

1.5 “Invoice” refers to the separately generated document which outlines the payment details for the Assignment and further defines the Client in the Agreement. The Client enters into this Agreement when accepting the quote and paying a deposit on the Invoice.

2. LIMIT OF LIABILITY. On Film Photography (OFP) takes the utmost care with respect to the exposure, development and delivery of all content. However, in the event that OFP fails to complete the Assignment due to any event or act which prevents the delivery of the Work from the Assignment, the Client’s sole remedy shall be receiving a refund of any monies paid by the client to OFP.

3. SPECIFIC IMAGES. The Client agrees to send OFP a mood board at least 10 working days prior to the shoot to portray the creative brief clearly. OFP and Client further agree that OFP cannot be held responsible for any specific image that may not be delivered. The Client acknowledges and understands that OFP uses a highly stylised approach to the Assignment using film mediums with few prearranged or posed shots. Any failure by OFP to deliver any specific content shall not be a breach of this Agreement, shall not result in a refund of any money paid by the Client to OFP, and OFP shall not provide any other remedy to the Client.

4. PAYMENT SCHEDULE. The Client must pay the deposit fee (30% of total cost for the Assignment) to secure booking within 5 working days of Agreement. Final payment must be completed within 7 days following the shoot before photos will be delivered. The Client’s failure to pay the booking fee, and final payment shall be deemed a material breach of this Agreement, may result in loss and damage to OFP.

5. CANCELLATION. The Client acknowledges that in the event that there is a Cancellation of the Assignment by the Client, OFP will suffer a loss. The Client will notify OFP of a Cancellation as soon as possible in order to minimise OFP loss. A mutually agreed postponement date within 120 calendar days of the originally arranged Assignment date will avoid any Cancellation fees in the event the Cancellation occurs more than 5 days before the Assignment date.

5.1. If a Cancellation is made by the Client within 5 days of the date of the Assignment, OFP and Client agree that the deposit is non-refundable and the Client shall be liable to pay OFP an additional 20% of the entire fee, as set out in the Invoice, within 10 days of the Cancellation.

5.1.1. If a Cancellation is made by the Client between 14 and 5 days from the date of the Assignment, the deposit will not be refunded to cover losses that OFP may have incurred in preparation for the shoot.

6. COPYRIGHT. The Work created by OFP during the Assignment constitutes the copyrighted Work of OFP. The Work at all times shall remain the property of OFP.

Any portion of the Work delivered to the Client is for the Client’s personal use only. The Client may not sell, reproduce or Licence and other third party, nor authorise the sale or reproduction of, any portion of the Work without OFP’s written consent.

7. MODEL RELEASE. The Client shall permit OFP to use images of the Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to the Client.

7.1. RELEASE OF WORK. The Client will credit the photographer’s name along with links to Instagram and/or website when releasing content on their own social media accounts or website. If the Client has a release date for sharing the Work, they may negotiate a date by which OFP may start releasing the Work within 60 calendar days. If release date is outside of this timeframe, OFP reserves the right to share Work without limitation once 60 calendar days has passed from the Assignment date.

8. FORCE MAJEURE. In the unlikely event that OFP is unable to perform the Assignment due to illness, injury, acts of God, weather events, venue direction or other unforeseen circumstance beyond OFP’s control, OFP will offer a reschedule date and if it is a mutually agreeable date, the Payment Schedule will continue as agreed for the new date.

If a mutually agreed Postponement cannot be reached, OFP will refund the deposit, or any fees paid by the Client to OFP for services not completed. The Client will assume responsibility to find a replacement photographer. OFP will not be responsible for any payment to the Client for any losses incurred by the Client.

9. LOCATION COSTS & FEES. If there are any costs/fees associated with the location the Client has chosen for their Assignment, the Client will be responsible for those fees. OFP will not guarantee or arrange payment on any location.

9.1 OFP covers travel within 25km from their Registered Business Address. Any location outside of these limits will be subject to a travel fee of $2/km as part of the agreement unless otherwise discussed.

10. OVERTIME. The Client agrees to reimburse OFP should the duration of the Assignment exceed what was agreed upon prior to the Assignment taking place. Each additional hour will incur a $300 fee.

11. FILM, EQUIPMENT & DIGITAL FILES. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, OFP will not be responsible for content that is not produced due to technical failure. OFP will not be liable for the following events should they inhibit or prevent completion of this Assignment in whole or in part:

-          The effect of the weather or unknown environmental conditions.

-          Damage or theft incurred to any or all equipment owned or used by OFP where they have upheld responsible preventative measures.

-          Damage or injury to any guest that recklessly or neglectfully interferes with any equipment owned by OFP.

-          Loss or damaged physical or digital files in transit or during post-production where they have upheld responsible preventative measures.

12. COLLECTION. In the event that OFP is required to file legal proceedings to recover fees from the Client pursuant to this Agreement, or to otherwise enforce this Agreement, then OFP shall be entitled to recover all cost and expenses incurred by OFP relation to such legal proceedings, including an award of reasonable legal costs.

12.1. DELIVERABLE ITEMS. The Client will receive digital files of deliverables outlined during consultation and quoting. Files will be supplied to client via a Google Drive link and/or a WeTransfer link.

13.LIMITATION OF COMPLAINT: The Client will have seven (7) days after Work delivery to make OFP aware of any complaint regarding deliverables. After this seven (7) day term has expired, OFP will no longer be liable to the Client for any corrections, refunds, re-edits or re-shoots.

Re-edits after seven (7) days may be made if deemed appropriate by OFP, but the hourly fee of $200.00 for re-editing will be billed with a minimum one hour required.

14. JURISDICTION & VENUE. This Agreement shall be construed according to the laws of the State of Victoria and the Client, OFP agree that the proper venue for any legal proceedings related to this Agreement is in the State of Victoria.