Terms & Conditions
1. Quotes are only valid for 20 days from the date of the quote. Quotes are based upon known information given in writing. Changes to a brief may vary costs and may require quoting. Confirmation is required for any changes to the brief or budget and is subject to cancellation costs if relevant as per clauses 8 and 9 inclusive. All bookings require confirmation of date/s and times in writing by email to jeremy@jeremypark.com.au . Proceeding to the commencement of the job booking is acceptance of the quote and these terms and conditions.
2. Photographer fees charged are based on the time of arrival to departure, unless stated otherwise. Time to travel outside of a 15km radius of Sydney CBD or Wollongong CBD maybe quoted at an hourly rate or per km rate on the quote.
3. Overtime on a job will attract a prorated extra fee based on the photographer fee, crew fees, lighting and digital hire fees . File management fees may also increase with over time if more shots than allowed for in the original brief are taken in that time.
4. Payment terms are 50% upfront on jobs that total over $3000AUD (ex-gst) and are payable to before commencement unless negotiated to hold a booking.
b.Upfront payments may also be requested when there are outgoings / hard costs to The Photographer that exceed $1000 in order to produce and deliver The Shoot. Clients based overseas are required to pay the full quote upfront.
c. Final payment is required 14 days from the invoice date unless negotiated. Invoicing is upon delivery of 1st round low res edits. Delay by extending the timing of the final shot or editing selections by the client does not extend the payment terms. Payment is required sooner than 14 days if images are to be used in the public domain in order to comply with Australian Copyright laws.
5. 3% interest per month charged on overdue invoices unless other payment terms are discussed prior to acceptance of the quote.
6. The client/agency agrees to nominate a representative who will attend The Shoot and to sign off on items as we shoot. Otherwise, if no representative is present on The Shoot The Photographer will interpret the brief and deliver to the best of his ability and aesthetic sensibilities. Once the shoot is complete the client/agency waives its right to make or change creative decisions which were made at the time of the shoot.
7. Unless otherwise agreed upon, all props, wardrobe, perishables and associated equipment purchased by The Photographer and associates for The Shoot remain the property of The Photographer unless otherwise agreed upfront.
8. Australian copyright law states payment must be made before legally using the images. Non-payment will result in overdue fees, legal action if necessary and all rights to image/video use being revoked. The usage period, when you can use the images, only begins from the date of the final invoice being fully paid unless otherwise negotiated. Final invoices are sent after the low res edits are sent to the client to choose from. Delays in choosing final images or edits by a client do not validate late payment.
9a. Five business days' notice is required to reschedule a shoot day. Should the agency/client decide to move or defer The Shoot in under 5 business days then full fees and any costs incurred to that point will be charged at the discretion of The Photographer. The Photographer and associated crew ultimately suffer a loss of income from not being able to take other work when dates are held for a client and opportunity is lost.
9b. Any change to The Shoot brief that affects costs or fees is needed in writing in five days prior to any shoot date. Any changes to a briefly require re-quoting. The Photographer reserves the right to charge any fees or costs that may be incurred or lost by way of missed opportunity up to this point by a change in brief.
10. Should The Shoot be postponed by the client due to any unforeseen circumstance, the following costs will be incurred. Please ask for flexible cancellation terms or a weather check if required, as this will be factored into the holding of dates for The Photographer and crew.
a). With prior agreements put in writing, such as an agreement to do a weather check, at least 36 business hours notice to change The Shoot date is required without incurring a charge in the first instance. With prior agreements in writing to do a 2nd shoot confirmation, with at least 36 business hours notice, the decision to postpone for a second time will incur 50% of all fees for crew, talent and The Photographer, plus any hard costs spent to date.
b) A Weather Call once agreed, and any other determining factor for The Shoot proceeding, are made ultimately by the client &/or agency who take full responsibility to defer or proceed with The Shoot. The Photographer will offer advice only and takes no responsibility for the timing of the shoot.
c). If no prior agreement is in place then any cancellation, postponement or changes in the brief, for any reason, within five days of The Shoot date will incur a 100% charge to the client for the following (i) Fees for all crew, The Photographer, producers, talent and associated professionals. (ii) Hire fees, booking fees, insurance, professional services, travel costs, purchases and location fees that have been incurred by The Shoot production up to that date, unless otherwise negotiated prior to quoting.
d). It is the clients /agency’s responsibility to insure for their own related costs against poor weather, any unforeseen and uncontrollable events that change the nature of The Shoot production, such as health related incidents and non-appearance of third-party contractors, freelancers and talent. The Photographer does not take responsibility for any agency or 3rd party costs that are not directly in the control of, or quote from The Photographer.
e) If The Photographer is unable to work due to health reasons beyond reasonable control or notice the shoot cancellation and the contract is cancelled by way of force majeure as it would be impossible to complete in good faith and best practice. A doctor's certificate will be provided if this ever eventuated.
11. Any credit paid to The Photographer by the client, such as upfront payments for services or mutually beneficial agreements for work are only valid for 12 months.
12. The Photographer retains global copyright on all images and licenses the images as per the usage given unless otherwise stated on the quote, invoice or negotiated via email. The Photographer grants to the agency/client the rights to use the images as noted in the terms of the quote. Note* Exclusive usage and general usage offered does not hand over the photorgaphers' copyright, rather it gives only the client listed on the invoice exclusive rights use the images. Please ask for ownership, or buyout, of images if that is required at the quoting stage. Clients with usage given can use the photos however can not distribute for free or sell the images to any 3rd party. The Photographer retains the right to use all images regardless of copyright ownership for The Photographer's own promotional and retrospective works in perpetuity.
13. The photographer does not represent the copyrights and, or moral rights of any element, person or brand that may appear in any video or photograph.
14. The Photographer does not take any responsibility for any post-production manipulation or alteration to an image or video from anyone or anything appearing in the image or video. The Photographer does not take any responsibility for how any images or video are used by the client/agency, or how they may appear by use by third parties. The Photographer does not take any responsibility for how any third parties may with or without authorisation use the images beyond the control of The Photographer.
15. Written quotes and tax invoices may include notes, terms and conditions that are different and which are to be considered as amendments to these terms and conditions once the quote is accepted.
Definitions:
Weather Call : A written or verbal agreement between the client/agency and The Photographer that the weather forecast will be checked prior to final confirmation of start times to determine The Shoot proceeding or not.
The Photographer: Refers to Jeremy Park photographer or his assigns working as a content creator under his representation. This covers stills photography, video, pre and post-production work.
Client / Agency : refers to the person requesting the services of the The Photographer.
The Shoot : The time allocated to create video, photography or other creative content, not including pre and post-production.
Business Hours: For the purpose of terms and conditions Business Hours are 9am to 6pm Monday to Friday, excluding public holidays.