Service Contract

The Parties agree to retain the services of The Modern Studio as their photographer according to the following Terms and Conditions:

  1. Definitions
    1. “Consumer” means a consumer for the purposes of section 3 of the Australian Consumer Law.
    2. “Client” means the person who booked the session named in the Appointment Booked, and their associated people joining them at the session.
    3. “Contract” means this Service Contract.
    4. “Deposit” means $300.00 plus travel costs (if applicable).
    5. “The Modern Studio” means Withers XYZ Pty Ltd ACN 609 891 027 ATF The Snow Withers Trust including its employees, agents and contractors etc.
    6. “Photography Services” means the photography services specified in the Tax Invoice.
    7. “Price” means the cost of the Services as specified by The Modern Studio in the Tax Invoice.
    8. “Services” means the services specified in the Tax Invoice.
    9. “Tax Invoice” means the tax invoice supplied by The Modern Studio to the Client in accordance with clause 5.1.
  2. Acceptance
    1. Any instructions received by The Modern Studio from the Client for the provision of the Services and/or Photography Services constitutes acceptance of these Terms and Conditions.
    2. Where more than one Party has entered into this Contract, the Client will be jointly and severally liable for all payments of the Price. On acceptance of these Terms and Conditions by the Client, the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of The Modern Studio.
  3. Services
    1. The Modern Studio will provide the Services.
    2. In providing the Services, the Client acknowledge and agree that The Modern Studio is only required to attend for a maximum of thirty minutes unless otherwise agreed in writing.
    3. The Modern Studio reserves the right to forfeit the session thirty (30) minutes after the time stated in the booking if the Client has not arrived and cannot proceed for any reason outside of The Modern Studio’s control. In these circumstances, the Client forfeit all monies paid to The Modern Studio.
    4. If The Modern Studio is unable to perform the services in accordance with this Contract, for any reason whatsoever including due to an unforseen accident and/or injury, The Modern Studio will advise the Client as soon as practicable and make reasonable arrangements for a new studio session.
  4. Photography Services
    1. The Modern Studio will, at their discretion, arrange for a photographer/videographer to provide the Photography Services and/or Videography Services.
    2. Exclusivity: The Client agree not to retain another photographer/videographer service provider for the session.
    3. Creative Direction: The Modern Studio agrees to discuss with the Cleint any particular details or requirements they may have prior to the session; however, the Client agree that The Modern Studio will have the final say as to the creative aspects of the Photography Services and Videography Services.
    4. Equipment: While all equipment is checked regularly and The Modern Studio takes reasonable steps to ensure that backup equipment is available, The Modern Studio is not responsible to the Client for any photographic material that is not produced due to technical failure.
    5. Editing:
      1. The Client agree that The Modern Studio will have ninety (90) days from the session date to edit the photographs and provide them to the Cleint.
      2. The edited photographs will be provided to the Client via a digital download.
      3. The photographs will be edited to a professional standard. The Modern Studio’s judgment regarding all matters relating to the editing of the photographic material is at the discretion of The Modern Studio.
      4. Upon receipt of the edited photographic material, the Client may request that The Modern Studio undertake further editing of the material. Any such further editing will be at an additional fee payable by the Client to The Modern Studio at a rate of $250.00 per hour plus GST. The Modern Studio is under no obligation to supply the further edited material to the Client until full payment is received for such additional works.
    6. Ownership: All digital negatives and film (computer files) remain the property of The Modern Studio. Under no circumstances is The Modern Studio obligated to provide any raw photographic or video material to the Client.
    7. Display: The Client agree for The Modern Studio to use any photographic or video material from the session for the purpose of promoting its business for example by way of advertising, brochures, magazine articles, websites, social media etc.
    8. Copyright: Copyright in all photographic and video material from the session remains the property of The Modern Studio. The Client (including their friends, family and any other vendors involved) must obtain the prior written consent of The Modern Studio prior to using, publishing or selling the photographic or video material whether for profit or advertising purposes, or for any other reason. The Modern Studio may grant consent at his sole discretion.
  5. Payment Terms
    1. Price: Subject to clause 5.2, at The Modern Studioe’s sole discretion, the Price will be as indicated on the booking form.
    2. Variation of Price: Any variation from the Services as directed by the Client will be in addition to the Price and will be shown as variations on the Tax Invoice. Payment for all variations must be made in accordance with clause 5.5.
    3. Deposit: The Client must pay The Modern Studio the Deposit. The Deposit is immediately payable upon the Client completing the booking form with The Modern Studio. Subject to clause 8.2, the Deposit is non refundable unless the Contract is cancelled by The Modern Studio under clause 8.2.
    4. Secure Booking: The Services will not be secured until the Deposit is paid in full is returned to The Modern Studio.
    5. Payment of the Price: The Price (including any variations) must be paid to The Modern Studio at time of booking. If the Price is not received within the timeframe specified in clause 5.5, The Modern Studio may cancel the Contract by giving written notice to the Client and retain the Deposit and all other monies paid to The Modern Studio by the Client. The Modern Studio is under no obligation to provide the Services (or any part thereof) until the Price is received.
  6. Variation to the session details
    1. Proposed changes with notice: a. If the Client propose a change to the session, then the client must notify The Modern Studio of such change in writing. b. In these circumstances, The Modern Studio must make reasonable efforts to accommodate such change. However, if the new details conflict with The Modern Studio’s prior commitments then The Modern Studio may cancel the Contract and retain the Deposit. c. The Modern Studio must notify the Client if the Contract is cancelled pursuant to this clause 6.1 within seven (7) days of receiving notice of the change to the Details. d. If the Contract is cancelled under this clause 6.1 less than one (1) month from the session date specified in the booking frm, the Client will either: i. Forfeit the Price, if already paid; or ii. Be liable to immediately pay The Modern Studio the Price, if not already paid.
    2. Proposed changes late notice: a. If the session is to be changed to an alternative venue for any reason whatsoever including due to inclement weather, then The Modern Studio must notify the Client of such change as soon as possible by telephone to ensure that they have sufficient time to travel to the alternative venue. b. The Modern Studio will not be held responsible for any delays in the session time due to such change.
  7. The Client’s obligations and warranties
    1. The Cleint agree that The Modern Studio has explained to them the service being contracted.
  8. Cancellation
    1. Cancellation by the client: The Client can cancel the Contract at any time by giving written notice to The Modern Studio. If the Client cancel the Contract, the Client will be liable to pay The Modern Studio the price. If the Client has not paid the Price at the time the Contract is cancelled then the Price can be recovered from the Client as a liquidated debt. The Client agrees that they have no defence to non-payment of the Price to The Modern Studio pursuant to the Contract and that this Contract may be pleaded as a bar to any action, claim or demand brought by the Client.
    2. Cancellation by The Modern Studio: The Modern Studio can cancel the Contract at any time by giving written notice to the Client. If The Modern Studio cancels the Contract, other than in accordance with clause 6.1, then all monies paid, minus credit card transaction fees, will be refunded to the Client. The Modern Studio will not be liable for any loss or damage, including any consequential loss or damage, arising from such cancellation.
  9. Release and indemnity:
    1. The Cleint and their associates (if any) agree to follow any directions issued by The Modern Studio on the session Date at their own risk. The Modern Studio is not liable for any personal injury or property damage that may occur.
    2. The Client unconditionally and irrevocably release The Modern Studio from and indemnify The Modern Studio against any and all losses, damages, claims, demands, costs or expenses that the Client has suffered, sustained or incurred or may suffer, sustain or incur by reason of or as a consequence of the provision of the Services or any other term of this Contract.
    3. If The Modern Studio experiences any unforseen obstacles on their way to the session including by way of example only (and not limited to) traffic jam, mechanical problems, car accident, cancelled flight etc then The Modern Studio will make all reasonable efforts and incur the reasonable costs for alternative travel arrangements in order to attend the session.
    4. In these circumstances, if The Modern Studio is unable to attend the session, then The Modern Studio will: Notify the Client as soon as reasonably practicable; Not be liable for any loss or damage, including any consequential loss of damage; and refund the Price, less the Deposit, to the Client.
  10. Warranty
    1. If the Client are Consumers then the Services and Photography Services come with guarantees that cannot be excluded under the Australian Consumer Law. The guarantees under the Australian Consumer Law are given by The Modern Studio.
    2. No other guarantees or warranties apply to the Services and Photography Services unless a further and additional warranty is provided, in writing, to the Client by The Modern Studio.
  11. Governing Law
    1. This Contract shall be governed by and interpreted in accordance with Queensland Law and the parties submit themselves irrevocably to the Courts of competent jurisdiction of the State of Queensland.

The Client agree that they have received, read and understood the Terms and Conditions contained in this Contract and that the Terms and Conditions form part of the contract with The Modern Studio and governs each and every transaction with The Modern Studio.