Terms & Conditions
note* Acceptance of my quote by proceeding with the job in writing is acceptance my terms and conditions. Please let me know if you have any questions or would like to make any adjustments to be noted on the quote and invoice. All jobs are negotiated in good faith to deliver the best quality production I can in a timely and professional manner.
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 are subject to cancellation costs if relevant as per clauses 8 and 9 inclusive.
2. A full day rate is based on 8 hours from arrival to departure and a half day rate is 3 hours from arrival to departure unless stated otherwise. If overtime or longer shoot schedules are required please advise so it can be quoted. Time to travel outside of a 15km radius of Sydney CBD or Wollongong CBD is charged at a hourly rate and per km rate.
3. Payment terms are 50% upfront on jobs that total over $3000AUD (ex-gst) and are payable before commencement unless negotiated. 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.
3. Final payment is required 14 days from the final invoice date upon completing the job and delivering the invoice unless otherwise agreed. Payment is required sooner if images are to be used in the public domain in order to comply with Australian Copyright laws.
4. 3% interest per month charged on overdue invoices unless other payment terms are discussed prior to acceptance of quote.
5. The client / agency agrees to nominate a representative whom 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.
6. 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.
7. Non-payment will result in overdue fees, legal action if necessary and the all rights to image / video use being revoked. Usage period only begins from the date of the final invoice being fully paid unless otherwise negotiated. Australian copyright law states payment for The Shoot must be made before legally using the images.
8a. Five days notice is required to reschedule a shoot day if required. Should the agency/client decide to move or defer The Shoot day, 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 or briefs significantly change.
8b. Any change to The Shoot brief is needed in writing and with 36hrs notice given to The Photographer, otherwise full fees and costs incurred to date will be charged.
9 Should The Shoot be postponed by the client due to any unforeseen circumstance, the following costs will be incurred.
a).With prior agreements put in writing, such as an agreement to do a weather check, at least 36hrs notice to change The Shoot date is still required without incurring a charge in the first instance. With prior agreements in writing to do a 2nd shoot confirmation, with at least 36hrs notice, the decision to postpone for a second time will incur 50% of all fees for crew, talent and the photographer and any hard costs spent to date. A Weather Call, and any other determining factor for The Shoot proceeding, are made ultimately by the client / agency who take full responsibility to defer or proceed with The Shoot.
9b). Cancellation, postponement or changes in the brief, for any reason within five days of The Shoot start time, will incur a 100% to the client of costs spent to date and and for both; A) Fees for all crew, The Photographer, producers, talent and associated professionals. B) Hire fees, booking fees, insurance, professional services, travel costs, purchases and locations fees that have been incurred by The Shoot production up to that date, unless otherwise negotiated prior to quoting. Please ask for flexible cancellation terms if required as this will be factored into the holding of dates for The Photographer and crew.
9c). It is the clients /agency’s responsibility to insure for their own related costs against poor weather, any unforeseen and uncontrollable events the change the nature of The Shoot production, 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.
10. 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.
11. 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 does not hand over copyright, rather than it gives only the client exclusive use the images. Please ask for ownership of images if required at the quoting stage. The Photographer retains the right to use all images regardless of copyright ownership for The Photographers own promotional and retrospective works in perpetuity.
12. 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.
13. The Photographer does not take any responsibly 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.
14. Accepting my quote and proceeding to commencement of the job is acceptance of these terms and conditions.
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 including pre and post production.