PHOTOGRAPHY TERMS & CONDITIONS
Ree Creative are professional product, business and social media content creators.
This Content Agreement (the "Agreement") is between Ree Creative (the “The Agency" / "Ree") and you (the "Client").
Please read this document carefully as it describes the terms and conditions of engagement of photography creative services with Ree.
You are deemed to have read and accepted the Terms and Conditions contained in this Agreement by clicking "I Agree" and/or continuing to accept and engage the services of Ree as well as a signature below.
Please contact us at email@example.com if you have any questions about this Agreement.
1.1 Ree offers a range of photography and styled social media content. Please refer to your Invoice to confirm details of service inclusions to which these terms and conditions apply.
2. Pricing and Payment
2.1 All prices for services and all payment plans offered by Ree exclude GST.
2.2 All services are invoiced directly to you. Please refer to your Invoice for details of your selected services to which these terms and conditions apply.
Payment Terms BUSINESS LOCATION SHOOTS
2.3 In Person Business Shoots (Location Edit) require a 50% non-refundable deposit is required to confirm your booking.
2.3 Re-shoot fees are charged at $350/hour.
2.3 Extra costs for a model, styling/sourcing (if required), deep etching and complex retouching will be confirmed at the time of the request.
2.4 Payment for all services is accepted by Bank Transfer and Credit Card.
2.5 Final payments must be made before the confirmed shoot day.
2.8 Full payment is required on the day of the shoot (Business Location) and/or before proofs are provided. (Product and Business Location)
Payment Terms PRODUCT SHOOT
2.9 A 50% non-refundable deposit is required to confirm your booking.
2.10 Re-shoot fees are charged at $350/hour.
2.11 Extra costs for a model, styling/sourcing (if required), deep etching and complex retouching will be confirmed at the time of the request.
2.12 Payment for all services is accepted by Bank Transfer and Credit Card.
2.13 Final payments must be made on the day of the shoot and before delivery of image files / on the day of the shoot.
2.14 Any additional images required outside of the 15 included will be charged from $55+gst per image.
2.14 Ree reserves the right to charge a fee of up to 50% premium on any service fee requested on an urgent basis.
2.15 Ree reserves the right to charge $100 to process any file retrieval request received 90 days from the booked photoshoot. (For confirmed images only) Ree will ONLY store finalise images by the client and the images not chosen will be deleted indefinitely.
3. Booking your photography shoot
You understand and agree:
3.1 All bookings are to be confirmed by you via email and must include:
a. Your contact details or your company representatives contact details (Mobile phone number and email address and ABN)
b. Payment notification of the required deposit to secure your requested service booking.
3.2 All products required for the photoshoot must be shipped or delivered to Ree, including a returns slip if you wish for the items to be returned. We require to receive products at least 10 business days prior to shoot date. If products arrive broken or damaged we will notify the client immediately with photographic proof to ensure there is time to resend products.
3.3 While Ree will exercise the utmost care in handling your products, some products may be opened/damaged during the creative process.
3.4 Additional charges may apply to cover the return cost of the products.
3.5 Products can be stored for up to 14 days after the shoot.
3.6 You are responsible for collecting the products or arranging return shipping within 14 days of the photoshoot.
3.7 Unclaimed products will be disposed of by Ree after 14 days and at our discretion.
3.8 All content and product/s required by Ree must be provided before the photoshoot. Failure to provide content and products on time will result in a reschedule of the photoshoot.
3.9 While every effort will be made to reschedule to the date preferred by the Client, Ree does not guarantee that a requested reschedule date will be available.
3.10 Ree is not responsible for the late delivery of services due to a delay caused by the Client.
3.11 All communication about bookings, photoshoot bookings and any other matter is to be via email only.
3.12 Ree will not be responsible for communication via any other method or platform.
3.13 Any request to reschedule a photoshoot must be made in writing.
3.14 Rescheduling requests made more than seven (7) days from the date of the photoshoot, may be rescheduled without penalty, and no rescheduling fee will apply.
3.15 Where a request to reschedule is made within seven (7) days of the photoshoot, a reschedule of $250 applies.
3.16 Every effort will be made to accommodate your preferred reschedule date; however, your preference is not guaranteed and will depend on availability.
3.17 From time to time, Ree may need to reschedule a photoshoot. In such cases, a mutually convenient rescheduled date will be negotiated with the Client.
4.1 Image proofs are provided within fourteen (14) working days of the photoshoot. If you require a shorter timeframe for delivery please request at project confirmation as this will be based on our schedule at the time of the booking.
4.2 Upon approval of the proofs and payment of the balance of any fees due, final retouched images will be delivered to the Client within fourteen (14) working days.
4.3 Please note all images not selected for finals remain complete property of Ree.
4.4 After you have received image proof, you have 14 business days to decide if you require adding on any additional imagery to the 15 images that are already included in the package. All images not chosen will be permanently deleted.
5. Amendments and Revisions
You understand and agree...
5.1 Ree will provide one round of revision of image retouching.
5.2 Additional fees will apply where the Client request further changes and amendments to the images after revision.
5.3 Additional work will be invoiced at an hourly rate determined at the time of the request. (From $350 per hour)
6. Refund and Cancellation Policy / Dissatisfaction
6.1 Ree provides a professional service with quality content based on detailed briefs and does not offer refunds for professional services.
6.2 There is no refund for a change of mind.
6.3 Where a Client is genuinely unhappy with the final images and provides reasonable and detailed reasons for their dissatisfaction evidenced by their brief, the client may be offered a re-shoot, at the agency's discretion entirely, to rectify any issues at no extra cost to the Client.
6.4 Where an offer for a re-shoot is declined, there is no refund.
6.5 Where an offer for a re-shoot is declined, the Client is permitted to use the images provided.
6.6 The client understands that whilst all efforts are made to achieve a set brief, the Ree team has a Ree style of photography and will style the shoot to create shots that represent your brand and products in the best way possible.
6.7 The client agrees and understands that specific photos are not guaranteed due to the nature of this service and copyright of other photographers imagery.
6.8 Where a Client wishes to cancel the Agency's services 7 days prior to the shoot date confirmed, the Client must notify Ree in writing via email.
6.9 The 50% deposit fee paid at booking is non-refundable.
6.10 There is no refund at any time for a change of mind.
6.11 There is no refund if you fail to meet your obligations under these terms and conditions.
7. Intellectual Property Rights and usage
You understand and agree:
7.1 All content materials, including but not limited to proofs, digital files, printed images, and documents, shall be the exclusive property of Ree.
7.2 Ree grants the Client a non-exclusive, restricted and perpetual licence to use all content produced for business use only.
7.3 The Client shall only use the included digital files, in accordance with the permissions within this agreement.
Reproduction and modification
7.4 The Client shall not submit images to competitions or exhibitions, modify images in any manner, reproduce any image for commercial use or authorise any reproductions by parties other than Ree.
7.5 Ownership of Intellectual Property Rights
Unless otherwise provided, all intellectual property rights in the final Imagery are our sole and exclusive property and when they are created, your rights in relation to the final imagery are set out in the Permitted Use section below.
Subject to payment of all fees and expenses, you are granted an exclusive, perpetual, assignable, irrevocable unrestricted license to use and publish the Final Imagery. Under this license, we agree to license you to use the Final Imagery on the following terms and conditions: Unless specifically agreed, the license does not confer any intellectual property rights to you, except as a licensee; the license will begin operating from the date of payment of our fees in full; you indemnify us, and will keep us indemnified, against any loss, damage or claim arising in any way, whether directly or indirectly, from any breach of this license, or any claim by any third party in relation to your use of the Final Imagery; You must not use the Final Imagery so as to derogate or harm or adversely reflect on our reputation.
Permitted Use / Social Media, Website, Marketing Material, Promotional Material.
Marketing and Property Rights
Ree reserves the right to use images or videos of all designs, creative work and prints for marketing purposes including Social Media, Website and all aspects of Advertising. Ree may post or upload projects once finalised unless agreed otherwise by both parties in writing. The parties acknowledge that this agreement is non-exclusive and that either party will be free, during and after the term, to engage or contract with third parties for the provision of services similar to the project. Ree holds and retains intellectual property rights of designs and prints whether complete or incomplete. Ree Creative reserves the right to reuse any ideas or cancelled artwork for additional or subsequent projects. All clients will receive commercial rights to use their designs for marketing and print purposes once project has been finalised.
8.1 Ree are industry professionals and experts in the field of business content creation, with qualifications, experience and skill to complete your brief with an exceptional outcome, provided you meet your obligations within the professional working relationship.
8.2 You understand and agree:
a. Ree reserves the right to terminate your brief at any time if there is an evident lack of commitment to the brief.
b. You will be notified in writing, and termination of the brief will be immediate upon notification.
c. You will be invoiced and liable for fees for work done up to termination.
d. Completed digital files will be transferred to you upon payment of any outstanding fees.
e. Incomplete files will not be available for transfer.
9. Feedback & dispute resolution
You understand and agree:
9.1 You will contact Ree immediately with any concerns so that they may be resolved quickly and effectively.
9.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:
9.3 You must advise Ree in writing the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
10. Limitation of liability
You understand and agree:
10.1 Liability for the services provided by Ree 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.
10.4 Ree expressly disclaims all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
10.5 To the extent permitted by law, Ree excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this Agreement.
10.6 Ree not liable for any damages that may arise for the use of images.
10.7 Ree guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
10.8 To the extent that Ree is unable to exclude liability; total liability for loss or damage you suffer or incur from Services by Ree is limited to resupplying the Services to you, or, at Ree’s discretion, refunding to you the amount you have paid for the Services to which your claim relates.
10.9 Ree shall be held harmless for any 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 Agreement are governed and construed in accordance with the laws of the State of New South Wales, Australia.
11.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the State of NSW.
By proceeding with Ree services' payment and engagement, you confirm that you have read, understood, and agreed to the terms and conditions in this Agreement.