General Services Agreement.

Terms of Agreement

By engaging in our services you agree to the below terms.

Engaging our services may take the form of written or verbal consent, booking a date to produce the works, or paying any fee for the provision of services.

Except as otherwise provided in this Agreement, the obligations of the Contractor will end upon the delivery of the services.

Intellectual Property

1.      Dashing Fox retains the intellectual property of all content created.

2.      The Client is granted a license to use the works by their business entity across their own marketing channels.

3.      Usage rights are limited for use by the Client only and cannot be distributed, sold, bartered or donated to Third Parties. Third Parties are all entities who are not the Contractor or the Client.

4.      The Client does not have the right to represent the intellectual property as their own.

5.      Dashing Fox may use the works produced for its own promotional purposes unless otherwise agreed.

6.      Third Parties may enter into a separate licence-fee agreement with Dashing Fox.

Agreed Brief & Creative Freedom

7.      Clients must submit a completed Intake Form which will form the basis of a detailed client brief agreed between Dashing Fox and the Client, and be used to:

a.      Provide a cost estimate for the Services, and

b.      Become the scope of work.

8.      Deliverables will be based on the approved client brief and will allow for creative choices made by the photographer during the shoot to best represent the product based on our understanding of your needs.

9.      Should the Client have changes after the original brief is agreed, the amended timeline, scope, props, fees and post production will be presented to the Client for approval.

Post Production

10.   All images will be edited to the scope and style agreed in the client brief. Should post production be required it is limited to one additional set of revisions within the original cost estimate, and will be limited to the type of revisions agreed in the original client brief.

11.   Should extensive or complex editing be required beyond the original scope Dashing Fox will provide you with a cost estimate before works progress.

12.   The Client agrees they will maintain the original integrity of the delivered media and not alter the images using AI, colour grading or other photographic or video editing techniques.

Deliverables

13.   The final collection of digital photographic files will be supplied as high resolution JPEGs. Low resolution digital files may also be supplied on request. RAW or original digital camera files will not be provided.

14.   Video files will be supplied in the format and size agreed in the brief. Video project files are not provided.

15.   Any additional sizes, ratio variations and formats will be agreed during the cost estimate stage and before the project commences.

16.   All files will be delivered via digital download within 14 days of the shoot, unless otherwise agreed. An express fee of $500 will be applicable to rush orders, subject to timing availability.

Booking & Payment Terms

17.   To secure a booking, an upfront payment of 50% is required before any work commences. The final 50% of the fee will be invoiced when the final Works have been delivered. If additional costs were incurred that were not planned in the original brief (such as post production, change of creative direction, props, backdrops) these will be added to the final invoice.

18.   The works cannot be used, published or shared by the client prior to receipt of full payment of the final invoice.

19.   Invoices submitted by the Contractor to the Client are due 14 days after the invoice issue date. Delayed payments may incur late fees and/or be subject to debt-collecting charges.

20.   The preferred method of payment is EFT to the bank account nominated on the invoice. If credit card payment is required it will be charged at the rate of 2.2% (subject to change) and included in the invoice amount.

21.   All monetary amounts are quoted in the Australian Dollar.

Supplying & Returning Your Products

22.   Products for shooting must arrive at the studio at least seven days in advance of the booked shoot date.

23.   Products must be well-packaged, new, in good condition and ready to be photographed. This includes no scratches or damage to packaging, no creases or visible marks. Should retouching be required this may incur an additional editing fee.

24.   Please provide multiples of each product and variations of products where relevant to enable better and more efficient creative execution.

25.   Whilst we take care to handle all products with care, Dashing Fox will not be held liable for any damage to the product or packaging during the shoot or return transport.

26.   If you require products to be returned please provide a return address and specify whether insurance is required. Clients must cover the cost of postage via Australia Post including any packing materials, plus a $10 handling fee.

27.   Returns must be confirmed within 30 days of the shoot to avoid disposal.

Cancellations, Postponements & Refunds

28.   The Client may reschedule the shoot with a minimum of five business days’ notice. Rescheduled shoots are subject to availability.

29.   At its discretion, the Contractor may charge a 100% fee for cancellations made within 24 hours of the booked shoot.

30.   Dashing Fox does not offer a re-shoot or refund due to change of mind or personal preferences that were not agreed in the original brief.

Limited Liability

31.   The Contractor agrees to carry out the assignment with due and professional diligence. In circumstances of illness or where there are elements outside Dashing Fox’s control the Contractor’s liability will be limited to returning any funds previously paid to the Client and the Contractor will have no further liability with respect to the Agreement. This limitation includes any losses or potential future losses.

32.   Elements beyond the Contractor’s control may include: faulty material, equipment failure, theft, damaged memory cards, loss of memory cards, loss or damage to digital files, closure of engaged suppliers, industrial disputes, civil disturbances, natural disasters, terrorist attacks, malicious or wilful intent or weather conditions which may inhibit or prevent the Contractor from performing the services.

Indemnity

33.   The Contractor will not be liable for any legal action, claim or damages resulting from or arising out of the publication of the services provided. The Client indemnifies the Contractor against any claims and/or damages, including counsel fees, arising from the Client’s use of the services.

Confidentiality

34.   Confidential information refers to any data or information relating to the services provided, whether business or personal, which would reasonably be considered to be private or proprietary to the Client or the Contractor.

35.   The Client and the Contractor agree that they will not disclose, divulge, reveal, report or use any Confidential Information to Third Parties without having obtained permission from the other party, except as required by law.

36.   Confidentiality includes (but is not limited to) acts such as the distribution of proposals, concepts, ideas, quotations and techniques used by the Contractor.

37.   The Client agrees not to share (verbally, through photography or video or other means) any behind the scenes footage (including un-approved deliverables) from a photo shoot without prior agreement from the Contractor.

Independent Contractor

38.   In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Right of Substitution

39.   Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.

Internal Code: TCV251001