Photography and Content

Terms and Conditions

Last updated: 22.10.26

Photography and Content Terms and Conditions

These Terms and Conditions are between the parties identified in the accepted Quote (collectively the Party/Parties). These Terms and Conditions and the Quote form the entire agreement under which we will provide you the Services (Agreement).

1. ACCEPTANCE 

1.1. These Terms and Conditions (Terms) apply to the photography, videography, content creation and related services (Services) provided by Georgia Tehiko trading as Arrow Media Collective, ABN 24197668024 (we, us or our), to the client identified in the relevant quote (you or your).


1.2. By accepting a quote issued by us through Xero or another agreed electronic quotation process, you acknowledge that you have been provided with these Terms and agree to be bound by them.


1.3. The accepted quote (Quote), together with these Terms, constitutes the agreement between us (Agreement).


1.4. The Quote will specify the applicable Services, deliverables, Fees, payment arrangements and other project-specific details.


1.5. If there is any inconsistency between the Quote and these Terms, the Quote will prevail in relation to the specific commercial details expressly agreed between us. These Terms will otherwise prevail unless the Quote expressly states that a particular provision is being varied.

2. SERVICES

2.1. We will provide the Services specified in the Quote, which may include photography, videography, filming, editing, branding photography, content creation and related services, in accordance with the agreed scope and deliverables.


2.2. We will perform the Services with due care and skill and within the timeframes agreed in the Quote, subject to any reasonable adjustments arising from circumstances outside our control or delays attributable to you.

2.3. We retain professional discretion over the creative direction, composition, filming, photography and editing of the deliverables, having regard to the agreed brief and your brand requirements.


2.4. You acknowledge that lighting, weather, location conditions, subject availability and other practical factors may affect the final content. We will use reasonable care and skill to achieve the agreed brief but do not guarantee that every image or recording will precisely match reference examples.


2.5. We may provide the Services to you using our Personnel, including our employees and contractors, and they are included in this Agreement.

2.6.. Any change to the Services, including additional shoot time, filming locations, content, deliverables or revisions outside the agreed scope, must be agreed between us in writing. Additional Fees may apply and will be communicated to you before the additional work is undertaken.

2.7. We will deliver the final edited content in the format and within the timeframe specified in the Quote, subject to your timely cooperation, feedback and approvals and any circumstances beyond our reasonable control.

2.8. Unless otherwise specified in the Quote, the Services include standard editing reasonably required to produce the agreed deliverables. Additional editing, retouching or revisions outside the agreed scope may incur additional Fees, subject to your prior approval.

2.9. RAW photographs, unedited footage, working files, editing project files and other source materials are excluded from the deliverables unless expressly included in the Quote or otherwise agreed in writing.

2.10. Storage and Archiving: Final deliverables may be provided electronically through an online gallery, download link or another agreed platform. Online galleries and download links may expire [30] days after delivery. You are responsible for promptly downloading and securely backing up the final deliverables following delivery.

2.11. We generally retain working project libraries, including editing catalogues and project files, for approximately six months after completion of the Services. After this period, files may be transferred to archive storage or deleted.

2.12. While we may archive project materials, we do not guarantee indefinite storage, continued availability or retrieval of any photographs, footage, RAW files, editing catalogues or other project materials. Any subsequent request for archived materials will be subject to availability and any retrieval fees agreed in advance.

2.13. Nothing in clauses 2.10 to 2.12 limits any obligations we have under applicable law.

2.14. We will take reasonable care in capturing, handling, processing and storing photographs and footage. If any material is lost, damaged or corrupted due to equipment failure or technical issues, we will notify you promptly and discuss reasonable steps to remedy the issue, including recovering the material or arranging a replacement shoot where practicable. Nothing in this clause limits your rights under applicable law.

2.15. If a nominated photographer or videographer is unable to attend or complete a shoot due to illness, injury or other circumstances beyond our reasonable control, we will use reasonable efforts to arrange a suitably qualified replacement. If a replacement cannot reasonably be arranged, then subject to clause 7.1 and to the maximum extent permitted by law, our liability is limited to a refund of the Fees paid for the affected Services that have not been performed.

3. YOUR OBLIGATIONS

3.1. You must:

(a) provide accurate and complete information, instructions, brand guidelines, materials and other details reasonably required for the Services;

(b) provide timely access to the relevant locations, premises, employees, representatives and other participants;

(c) obtain all necessary location permissions, permits, consents and approvals;

(d) obtain all necessary permissions and consents from employees, contractors, models and other persons you arrange to participate in the Services, including consent to being photographed or filmed and to the intended commercial use, publication and distribution of their image, likeness or voice in the final deliverables;

(e) ensure that all locations and facilities provided by you are reasonably safe and suitable for the Services;

(f) provide feedback, selections and approvals within any agreed timeframes; and

(g) ensure that materials you provide to us can lawfully be used for the intended purpose and do not infringe third-party rights.


3.2. You must notify us promptly of any changes to the agreed shoot date, location, participants, brief or other circumstances that may affect our ability to provide the Services.

3.3. If you fail to provide information, materials, access, instructions or approvals within a reasonable timeframe, we may reasonably extend the delivery period or reschedule affected Services. Any additional costs arising directly from those delays will be discussed and agreed with you before being incurred.


3.4. We may decline to commence or continue a shoot where conditions present a material safety risk to our personnel, equipment or participants. We will notify you of the issue and, where reasonably practicable, discuss alternative arrangements.


3.5. You must ensure that the location permits photography and videography, and any restrictions or limitations (for example, flash photography, equipment setup) must be communicated to us in advance.

4. PAYMENT

4.1. You agree to pay the Fees specified in the Quote, together with any additional amounts agreed in writing for variations to the Services.

4.2. Any deposit, instalment or balance payment must be paid in the amount and by the date specified in the Quote or applicable invoice.

4.3. If payment is not received when due, we may provide written notice requiring payment, charge interest at the rate set by law and, subject to applicable law, suspend further Services or withhold delivery of outstanding deliverables until the overdue amount has been paid. You will be responsible for the costs of debt collection or recovery of any unpaid amounts.


4.4. Unless expressly stated otherwise, all Fees are in Australian dollars and exclusive of GST. Any applicable GST will be payable in addition to the Fees.


4.5. Any travel, accommodation, location hire or other expenses not included in the Quote will only be charged where disclosed and agreed in advance.

4.6. Unless otherwise agreed in the Quote, final deliverables will be released to you only after all Fees due for the relevant Services have been paid in full.

5. CONFIDENTIALITY

5.1. Each party must keep confidential any Confidential Information received from the other party in connection with the Services and must not use or disclose that information except as reasonably necessary to perform the Agreement, with the other party’s consent or as required by law.

5.2. We disclose our employees, contractors and professional advisers who reasonably require access for the purposes of the Services, subject to appropriate confidentiality obligations.

5.3. Confidential Information does not include information that is publicly available without breach of this Agreement, lawfully received from another source without restriction or independently developed without using the other party’s Confidential Information.


5.4. Our right to use photographs or other deliverables for portfolio and promotional purposes is subject to clause 8 and does not override our confidentiality obligations.

6. CANCELLATION, RESCHEDULING AND TERMINATION

6.1. If you wish to cancel or reschedule a confirmed shoot, you must notify us in writing as soon as reasonably practicable.

6.2. A request to reschedule is subject to our availability. We will use reasonable efforts to agree on an alternative date, taking into account any costs or commitments already incurred.

6.3. If you cancel a confirmed booking, we may retain or recover reasonable amounts for Services already performed, non-recoverable third-party expenses and other losses we are legally entitled to recover, less any costs we reasonably avoid or recover.


6.4. Where adverse weather, illness, equipment failure, unsafe conditions or another event outside our reasonable control prevents a shoot from proceeding, we will discuss reasonable alternative arrangements, including rescheduling where practicable.

6.5. Either party may terminate the Agreement if the other party materially breaches its obligations and fails to remedy the breach within a reasonable period specified in a written notice, where the breach is capable of remedy.

6.6. Following termination, the parties must account for Services already performed, amounts properly payable, payments made in advance and any refunds or remedies required by applicable law.

6.7. Nothing in this clause excludes or restricts any rights or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.

7. LIABILITY

7.1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

7.2. Subject to clause 7.1 and to the maximum extent permitted by law, our aggregate Liability arising out of or in connection with the Agreement is limited to the Fees paid or payable for the Services under the relevant Quote.

7.3. To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including loss of anticipated profits, revenue or business opportunities, except to the extent such liability cannot lawfully be excluded.

(a) The limitations in this clause do not apply to Liability arising from fraud, wilful misconduct or any other Liability that cannot lawfully be limited.

(b) You are responsible for the legality and accuracy of any materials, claims, instructions and content you supply or approve for use in the Services.

8. INTELLECTUAL PROPERTY AND CONTENT USAGE

8.1. Unless otherwise agreed in writing, we retain ownership of all copyright and other Intellectual Property Rights in the original photographs, video footage, edited content, working files and other materials created by us in providing the Services, to the extent those rights vest in or are owned by us.

8.2. Subject to payment of all Fees due for the relevant Services, we grant you a non-exclusive, worldwide, perpetual, royalty-free licence to use, reproduce, publish, communicate and display the final deliverables for your own business, marketing, advertising, promotional, website and social media purposes.

8.3. You may permit your employees, contractors, marketing agencies and other service providers to use the final deliverables on your behalf for the purposes permitted under clause 8.2, provided they do not acquire any independent right to commercially exploit the deliverables.

8.4. Unless otherwise agreed in writing, you must not: (a) sell or distribute the deliverables as standalone photographs, video footage or stock content; (b) sublicense the deliverables for independent commercial exploitation by a third party, other than allowing service providers to use them on your behalf for the permitted purposes; (c) represent that you created the deliverables or otherwise misrepresent their authorship; or (d) use the deliverables in a manner that is unlawful or infringes third-party rights.

8.5. You must not materially alter, manipulate or reproduce the deliverables in a manner that misrepresents the original work or falsely attributes altered content to us, without our prior written consent. Ordinary technical changes reasonably required for the permitted uses, such as resizing or platform-specific formatting, are permitted.

8.6. Unless expressly agreed otherwise, the licence granted under this clause applies only to the final deliverables and does not include RAW files, unedited footage, editing project files, working materials or other source files.

8.7. Unless we give prior written consent, you must not: (a) upload or provide our deliverables or other materials to a generative AI system for the purpose of training or fine-tuning that system; (b) use generative AI to reproduce or create substantially similar replacements for the deliverables; (c) create AI-generated versions, derivatives or modifications of the deliverables outside the licence expressly granted under this Agreement; (d) use our work as reference or input material to generate content that infringes our Intellectual Property Rights; or (e) authorise, encourage or permit any third party acting on your behalf to undertake an activity prohibited under this clause. This clause does not prohibit ordinary technical processing or editing expressly permitted under the Alteration and editing provision above, including resizing or standard editing undertaken by your marketing agencies or service providers.

8.8. We may use AI-assisted editing, production or content creation tools in providing the Services where appropriate. We will remain responsible for performing the Services in accordance with the Agreement and will not knowingly use your confidential information or materials in a manner inconsistent with our confidentiality obligations or any agreed restrictions.

8.9. You retain ownership of materials you provide to us. You grant us a non-exclusive licence to use, reproduce, edit and adapt those materials to the extent reasonably necessary to perform the Services and provide the agreed deliverables. You warrant that you have the rights and permissions required for that use.

8.10. Where deliverables incorporate third-party music, stock imagery, footage, fonts or other licensed materials, your use of those materials is subject to any applicable third-party licence restrictions communicated to you.

8.11. Subject to any written restrictions agreed with you, applicable confidentiality obligations and any necessary third-party permissions, you consent to us using the final deliverables for our portfolio, website, social media, advertising, awards submissions and other promotional purposes.

8.12. Each party must respect the moral rights of relevant creators to the extent required by applicable law. Nothing in these Terms constitutes a waiver of moral rights or an assurance that consents have been obtained from individual creators.

9. GENERAL

  1. Disputes: If a dispute arises, the parties will attempt to resolve it in good faith before commencing legal proceedings. Nothing in this clause prevents a party from seeking urgent interlocutory relief or exercising any statutory right.

  2. Governing law: These Terms and the Agreement are governed by the laws of Queensland, Australia. The parties submit to the jurisdiction of the courts of Queensland and any courts hearing appeals from them.

  3. Relationship of the Parties: The parties acknowledge that: (a) we are engaged by you as an independent contractor and nothing in this Agreement creates or constitutes a relationship of employer and employee, principal and agent or of partnership or joint venture; and (b) we are responsible for the payment of all taxes and taxation obligations in respect of the remuneration we receive for the performance of the Services.

  4. Force Majeure: Neither party is liable for delay or failure to perform (other than an obligation to pay an amount already due) to the extent caused by circumstances beyond its reasonable control. The affected party must notify the other as soon as reasonably practicable, take reasonable steps to minimise the impact and resume performance as soon as practicable. If performance remains prevented for a prolonged period, either party may terminate the affected Services.

  5. Notices: Any notice given under this Agreement must be in writing and may be sent by email to the email address last used by the relevant party or to the address specified in the Quote.

  6. Severability: If any provision of these Terms is invalid or unenforceable, that provision will be severed to the extent necessary without affecting the remaining provisions.

  7. Survival: Provisions concerning accrued payment obligations, confidentiality, intellectual property, liability and any other provisions intended by their nature to continue will survive completion or termination of the Agreement.

  8. Entire agreement: The accepted Quote and these Terms constitute the entire agreement between the parties concerning the Services specified in that Quote and supersede prior discussions or communications relating to those Services.

  9. Amendments: Any variation to the Services, Fees or other terms of an accepted Quote must be agreed in writing by both parties.

  10. Assignment: You may not assign, novate or transfer your rights or obligations under the Agreement without our prior written consent. We may assign, novate or subcontract any of our rights or obligations under the Agreement, provided that any subcontracting does not relieve us of our obligations to you.

  11. Waiver: A failure or delay by a party to exercise a right under the Agreement does not operate as a waiver of that right, and a single or partial exercise of any right does not prevent its further exercise.

10. INTERPRETATION & DEFINITIONS

10.1. In this Agreement capitalised terms have the following meaning:

Confidential Information means any information disclosed to a party, or prepared or produced, in connection with this Agreement, including information relating to a party’s business, assets, affairs, systems (including usernames and passwords), or the terms, subject matter or transactions contemplated by this Agreement, regardless of its form and whether or not marked “confidential”.

Fees means the fees payable for the Services as specified in the Quote, together with any additional amounts agreed in writing for variations to the Services.

Intellectual Property means any copyright, registered or unregistered design, patent or trade mark rights, domain names, know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property. 

Liability means any loss, liability, cost, expense, damage, claim, demand, proceeding or judgment, however arising (whether under statute, contract, tort (including negligence), indemnity or otherwise), whether direct or indirect, present, future or contingent, and whether or not involving a third party.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.

Quote means the quote accepted by you in accordance with clause 1.

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