Terms of Service

1. THIS AGREEMENT is made on the date below between Thom McFinnegan trading as REBELREBEL Photography ABN: 91 143 415 200 (“the Studio”) and the client.

2. THE STUDIO OBLIGATIONS
2.1 The Studio aims to achieve the best possible photographs and service to the client. To do this, it will raise issues and communicate as openly and effectively as possible with the client on all matters relating to this agreement, services to be provided and of course customising these to the client.
2.2 To refund all moneys paid by the client when:
2.2.1 mechanical failure, theft, loss, accident or other mishap beyond the Studio’s reasonable control occurs preventing fulfilment of the assignment.

3. CLIENT OBLIGATIONS
3.1 The client must accurately inform the Studio of the following information:
3.1.1 name-spelling, contact addresses, e-mails and phone numbers both now and in the event these change between now and the date of the assignment;
3.1.2 assignment location, time, date and any other details including co-ordination with other services associated with the shoot so that all maybe provided both professionally and in a co-ordinated manner;
3.1.3 any other query or concern regarding the services to be provided. If the Studio is not notified of any query or concern, such query or concern is taken to never have been raised

3.3 The client may be required to pay:
3.3.1 All travel expenses of the photographer and any assistants to any venue that is over 300 km distance from the Studio. Costs may include but are not limited to:
3.3.2 petrol, air flights, taxi fares, train fares, bus fares, parking fees, tolls; and
3.3.3 accommodation in a motel or hotel of at least 3.5 star rating.

3.4 On the day of the assignment, the client must:
3.4.1 co-operate fully with the photographer and any assistants to ensure an excellent, professional result with the minimum of time, bother, fuss and of course the maximum amount of fun;

4. COPYRIGHT, OWNERSHIP AND USE
4.1 All digital files and the like used by the Studio are its property and remain so unless specifically agreed to the contrary. The Studio shall retain these on file for a period of 1 year to the best of its endeavours to facilitate re- ordering.
4.2 Copyright in all photographic images taken by the Studio (howsoever recorded) is deemed to belong to the Studio.
4.3 The Studio may use any of the images obtained during the assignment for reasonable advertising, promotion, competition, exhibition and other like purposes. The client hereby provides his or her consent thereto.
4.4 All packages, albums and orders remain the sole Property of the Studio until all outstanding monies owed by the client to the Studio are paid in full.
4.5 Subject to clause 4.4, All photography packages, provide the client with access to the final collection of finished images in JPEG format. The client may use such images as they wish however provided images may not be digitally altered in any way by the client. No additional or RAW (unedited) images will be made available.
4.6 No images may be submitted to magazines, blogs or other publishers without the consent of BIEN KWEE Photography

5. E-MAILS
5.1 The studio does not accept any liability for incorrect e-mail addresses, mistyped e-mail addresses, failure to receive or send e-mails.
5.2 The studio does not accept any liability for any computer viruses, trojans or spyware attached to any e-mail sent by this Studio.

6. TERMINATION
6.1 In the event that the client breaches the agreement, the Studio must notify the client of such breach. If the client does not remedy the breach within 14 days notice, the Studio may terminate the agreement.
6.2 Either party may, without cause, terminate this agreement upon 28 days notice.
6.3 Termination of this agreement will not prohibit the Studio from seeking indemnity in respect of all losses incurred and all monies owed by the client as at the date of termination.

7. GENERAL
7.1 This document and its annexures constitute the entire agreement of the parties and into which all prior negotiations, commitments, representations and undertakings with respect to the subject matter are merged and each of them agree that there are no other oral undertakings, warranties or agreements between them relating to the subject matter of this agreement and it is not based on any representations as to profit or worth nor has any representation been made to induce either party to accept and execute this agreement unless specified herein.
7.2 Any modification, alteration, change or variation of any term and condition of this agreement shall only be made in writing and signed by both parties.
7.3 This agreement shall be construed in accordance with and governed by the laws of the state of New South Wales.
7.4 No failure, delay, relaxation or indulgence on the part of either of the parties in exercising any right or power conferred on it by this agreement orin actioning any breach or prospective breach by either party under this agreement shall operate as a continuing waiver of such right or power nor shall any single or partial exercise of any such right or power preclude any other or future exercise thereof or the exercise of any other right or power under this agreement.
7.5 Where the client as defined on the reverse is more than one person, the obligations of the client herein shall bind each of such persons jointly and severally.