Film & Photography
Terms & Conditions
DEFINITIONS
In these terms and conditions, unless the context otherwise requires:
“Client” or “Customer” means any person or entity who acquires Jana Koelmel Film & Photography’s services wholly or predominately for personal, or commercial use.
“JK Film & Photography” or “The Photographer” means Jana Koelmel Film & Photography (ABN: 59730659413) 29 Wesley Street, 4030, QLD and its respective successors and permitted assignees.
“Agreed Fee” means the fees estimated by JK Film & Photography in any quotation once accepted by the Customer.
“Materials” means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to JK Film & Photography for the purposes of JK Film & Photography supplying the Services
.“Raw Footage” means master footage recorded by JK as part of provision of the Services.
“Services” means video production, photography and/or post production services.
“Project” means video production or photography in its entirety.
APPLICATION
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by JK Film & Photography with any Client in relation to the provision of Services by JK Film & Photography. All work carried out by JK Film & Photography is on the basis that the Client has agreed to these Terms and Conditions. Any desired amendments are to be sent in written prior to the commencement of a project for consideration.
QUOTATIONS
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. For video services, two (2) rounds of Client changes and/or revisions are included in each quotation. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. Quotes are valid for 30 days.
PAYMENT
The Client will pay JK Film & Photography the Agreed Fee in the following manner: Unless otherwise agreed, 10% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); and the balance will be payable within 14 days of the date of any interim or final invoices submitted in respect of the Services; and JK Film & Photography will not commence any pre-production activities until the Customer has paid the Deposit. JK Film & Photography is entitled to interest at the rate of 1.5% compounding monthly of all fees due and not paid within 30 days of rendering an account.
CANCELLATION & RESCHEDULING
If the Client wishes to cancel or reschedule the photo/video shoot, they must provide at least 5 days’ notice.If the Client has engaged JK Film & Photography to provide Services on a specified date, the Client may notify JK Film & Photography in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”). If the cancellation is made more than 48 hours prior to the day on which JK Film & Photography has been engaged to provide the Services, the Client must reimburse JK Film & Photography for any expenses incurred by JK Film & Photography in preparation for provision of the Services. Cancellations made within 48-24 hours of the photoshoot will incur a cancellation fee of 20% of the agreed fee. If the cancellation is made on the day of the shoot, the Customer must pay 50% of the Agreed Fee.
PHOTOSHOOTS
The Client agrees to cooperate and follow the Photographer's instructions during the photoshoot to ensure satisfactory results. JK Film & Photography is not responsible for compromised coverage due to the Client's failure to follow instructions, lateness, or other factors beyond the Photographer's control. The Photographer will deliver a set number of edited images as agreed upon in the booking confirmation.
STILL IMAGE DELIVERY
The Photographer will provide the Client with edited digital images within 4 weeks of the photoshoot. The Photographer retains the right to select the best images for editing and delivery. Unedited images will not be provided. For Staff Portraits & Headshots, the Photographer provides an online gallery with a selection of preview images to choose from. The Client will receive the final images in high and low resolution via a download link.
MODEL RELEASE
The Client grants the Photographer permission to use the images for portfolio, marketing, and promotional purposes. The Client has the right to request in writing that specific images not be used for marketing purposes.
VARIATIONS
During the production of video projects, JK Film & Photography will provide the Client with one (1) ‘rough draft copy’ of an initial edited video file and upon receipt of proposed changes with one (1) ‘draft copy’. The Client must notify JK Film & Photography of all proposed changes within a timely manner. Once the proposed changes have been made, JK Film & Photography will provide the Client with a ‘final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. The Customer must notify JK Film & Photography of any errors in the final draft copy within fourteen (14) days. For any further changes requested by the customer an additional fee shall be chargeable on a time bases, unless some other basis is agreed. Should any such additional fee become or appear likely to become chargeable, JK Film & Photography shall promptly notify the customer orally, or in writing. Tweaks are given at no cost as long as the original approved script/ brief or storyboard is adhered to. A tweak could comprise of: removing a picture or piece of video, changing an edit point, change of colour, a minor change in a title. The Client acknowledges that some changes may not be possible.
VENUE, LOCATION FEES & PERMISSIONS
The Client must obtain any necessary consent or permission and pay any fees that may apply for JK Film & Photography to film or photograph at a particular venue, location or event.
ARTISTIC LICENSE
The Client acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. JK reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works.
CLIENT ACKNOWLEDGEMENTS
The Client acknowledges and agrees that:
JK Film & Photography will have a lien on Materials provided by the Client; and no title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by JK Film & Photography will be transferred to the Client until the Client pays all amounts due to JK Film & Photography in full. The Customer acknowledges and agrees that upon payment of all outstanding invoices due to JK Film & Photography, the Customer is entitled to receive the finished works, but has no entitlement to the working files of JK Film & Photography. The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by JK Film & Photography are solely those of the Client. The finished works are intended to represent the opinion of the Client and in no way reflect the views and opinions of JK Film & Photography and its subcontractors. The Client indemnifies and holds JK Film & Photography harmless from any claims or legal actions related to the content of the Customer’s video.
CLIENT’S MATERIALS
All Materials are used and stored by JK Film & Photography solely at the Client’s risk and JK Film & Photography is under no obligation to insure any Materials. Neither JK Film & Photography nor any of its sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; JK Film & Photography will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with JK Film & Photography even though such person is present during and involved with the performance of the Services; and the Client must retain a master copy of all materials delivered to JK Film & Photography for the purpose of the Video.
PROJECT DELAYS & LIABILITY
Any estimate of the date by which JK Film & Photography will complete any part of the Services is contingent upon the Client providing complete instructions to JK Film & Photography and fully cooperating with JK Film & Photography until JK Film & Photography has ceased providing Services to the Client. JK Film & Photography cannot be held liable for project delays that are caused by a lack of communication on behalf of the Customer, or an Act of God or equipment failure, or any other reason not directly the fault of JK Film & Photography.
SUB-CONTRACTING
JK Film & Photography reserves the right to sub-contract any Services that JK Film & Photography has agreed to perform for the Client as it sees fit.
TALENT/BACKGROUND PERONS/STAFF
If the customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the client to obtain the necessary permissions. JK Film & Photography cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the client’s expense. JK Film & Photography will at the request of the customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.
CLIENT UNDERTAKINGS & WARRANTIES
The Client must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s project. The Client indemnifies JK Film & Photography from any possible liability for the use of any client-supplied media in the Client’s project.
RECORDED MATERIAL OWNERSHIP / COPYRIGHTS
The Raw Footage, Raw Photography, video files, audio files and edited video, or photography files including all copyright remain the property of JK Film & Photography until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, JK Film & Photography reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
Copyright in all photography, video, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by JK Film & Photography will remain the property of the author or legal entity owning the copyright.
INTELLECTUAL PROPERTY LICENSED MATERIAL
Where one-off licenses are paid for various materials used in the production, or if the material is from a JK Film & Photography Subscription supplier, the customer must re-license the material and/or obtain permission from JK Film & Photography or pay for another license if they intend to reuse the materials in another production. JK Film & Photography will not be held liable for breaches in material copyright caused by the client.
RIGHTS OF USE
The Client shall have the right to use the final project files only in the media, within the territory, for the period, and with exclusivity as set out in the contract or license agreement. JK Film & Photography has the right to use edited or unedited video files and photographs produced pursuant to these Terms and Conditions for promotional or commercial purposes unless an alternative arrangement is made between JK Film & Photography and the Client.
FILE STORAGE
Raw Footage, video files, audio files, edited video files and photographs will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, JK Film & Photography reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works. Client Galleries and further Download Links will be available online for six (6) months only. The Client shall download and store their files on their own devices within these six (6) months.
RAW FOOTAGE
The Client may have Raw Footage transferred to their own supplied hard disk, the Customer must pay JK Film & Photography an additional fee of $200.00 plus GST per 200GB.
FAILURE OF EQUIPMENT OF ILLNESS OF JK FILM & PHOTOGRAPHY AND CONTRACTORS
Whilst all reasonable care and preparation is taken for videography, photography and editing, JK Film & Photography will not be liable for any compensation except for the return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) engaged by JK Film & Photography or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
LIABILITY & REFUND
The customer’s payments covers/pays for labour and presentation media in the production of the agreed project. Every effort is taken by JK Film & Photography to provide the client with the agreed product, and dissatisfaction with its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the customer as grounds for refunds or compensation, for which JK Film & Photography is not liable.
FORCE MAJEURE
If JK Film & Photography cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, then JK Film & Photography’s obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.
LEGAL COSTS
The Client will be liable for any legal costs incurred by JK Film & Photography in the recovery of unpaid invoices on an indemnity basis.
RIGHT TO CREDIT
JK Film & Photography’s name shall be exhibited in reasonable proximity to all published reproductions of the Videos and Photographs unless otherwise agreed in writing prior to the commencement of work.
PRIVACY
All information received by JK Film & Photography from the Client, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.
AMENDMENT
JK Film & Photography reserves the right to amend these Terms and Conditions at any time.
APPLICABLE LAW
This Agreement is governed by the laws of Queensland, Australia.