All goods and services provided or produced by Lightbulb Studio to any Client are governed by these Terms and Conditions.
- Lightbulb Studio will provide to the Client the Services for the Fee as set out in the Quote.
- Lightbulb Studio will carry out the Services with reasonable professional diligence.
- In the unlikely event that the assigned photographer is unable to perform the Services due to unforeseen circumstances, Lightbulb Studio reserves the right to appoint another professional photographer to undertake the Services to his / her best ability.
- Unless the Client agrees with Lightbulb Studio otherwise, Lightbulb Studio is responsible for the creative decisions associated with the Services, and a Client’s dissatisfaction with such creative decisions will not entitle the Client to seek any discount of any Fees payable to Lightbulb Studio.
- For the purposes of the provision of Services, a “full day” constitutes 9 hours of work or more from Lightbulb Studio in one day. If Lightbulb Studio has booked a full day to provide certain Services, and has sought clarification or approval from Client in relation to any aspect of those Services, then any waiting time whilst those clarifications or approvals are provided is to be included in determining whether Lightbulb Studio has provided a full day of Services.
Copyright and Use of Photographs
- The copyright and all related intellectual property rights in all Photographs created in performing the Services is owned by Lightbulb Studio.
- Unless otherwise agreed with you, Lightbulb Studio at all times retains the right to use the Photographs in any manner and in any part of the world for the purposes of advertising and promotion of its business. By agreeing to retain Lightbulb Studio to provide Products and Services, each Client irrevocably consents to the use of the Photographs in this manner.
- Photographs may not be used for commercial purposes without Lightbulb Studio’s prior written consent.
- If the Client loads the Photographs into the Client’s own online gallery, the Client must credit the photography to Lightbulb Studio.
- If the Client submits the Photographs to magazines or other publications (whether online or hard copy), the Client must credit the photography to Lightbulb Studio.
- Subject to payment of all fees and expenses owed by the Client to Lightbulb Studio (Fees) and adherence with these Terms and Conditions at all times, Lightbulb Studio gives the Client an irrevocable and perpetual licence to use the Photographs STRICTLY FOR THE PURPOSE SPECIFIED IN THE QUOTE (Licence).
- The Licence is granted subject to the following conditions:
- Unless specifically agreed, the Licence does not confer any intellectual property rights to any Client, except as a licensee.
- The Licence will begin operating from the date of payment of Lightbulb Studio’s Fees in full.
- The Client indemnifies Lightbulb Studio, and will keep Lightbulb Studio indemnified, against any loss, damage or claim arising in any way, whether directly or indirectly, from any breach of the Licence, or any claim by any third party in relation to a Client’s use of the Photography.
- The Client must not use the Photographs so as to derogate or harm or adversely reflect on our reputation.
Indemnityc. Any deposit paid will not be refunded to the Client.e. The Client must not represent that Lightbulb Studio have approved or endorsed the Client or the Client’s products or services in connection with the Final Imagery without Lightbulb Studio’s prior written consent.
- The use of the Photographs for any other purpose requires the prior written consent of Lightbulb Studio, and may, at Lightbulb Studio’s discretion, be subject to a separate Quote and additional fees.
- The Client must pay the invoice for the Fee within 30 days of the date of the invoice.
- Where the Fee is less than $1,000.00, the Client must pay an upfront deposit of 10% of the Fees.
- Where the Fee is $1,000.00 or more, the Client must pay a deposit of 50% of the Fees.
Changes to the quote
- The Client will immediately advise Lightbulb Studio in writing of any requested change in the Services to be provided pursuant to the Quote, including without limitation postponement, delay or cancellation of the Services.
- If there is any material change to any Services, then Lightbulb Studio may, in its discretion, issue a further updated Quote to take into account the change in Services.
- If the Services are cancelled, postponed or delayed by the Client within 24 hours of the time on which the Services were agreed to be provided, then:
- The full Fee for the Services is due and payable by the Client.
- Lightbulb Studio is under no obligation to provide the Services at any later time.
- Lightbulb Studio’s liability for any breach of these Terms and Conditions shall be limited to be a refund of any money paid under these Terms and Conditions, which shall be in full and final satisfaction of any damage or loss suffered.
- Lightbulb Studio will not be liable for any legal action, claim or damages resulting from or arising out the Client’s use of the Photographs. The Client indemnifies Lightbulb Studio against any loss or liability incurred by Lightbulb Studio in respect of such legal action, claim or damages.
- Lightbulb Studio is not responsible for any delay in performing the Services, the failure to perform in whole or in part the Services, or any loss or damages resulting from circumstances outside of the reasonable control of Lightbulb Studio, including but not limited to acts of god or elements of nature (including fire, flood, earthquake, storm, hurricane or other casualty), war, civil commotion, labour disputes, strikes, government regulation or restriction, .flight cancellations, flight delays or theft of equipment. No refunds will be given for Services in these events.
- If you require additional copies of the any Photography after delivery, we shall retrieve the information and forward it to you for an additional fee $150 +GST.
- This agreement is governed by the laws of the Australian Capital Territory
- “Client” means a person or organisation (and its employees, representatives and agents) that has engaged Lightbulb Studio to perform the Services.
- “Fee” the fee agreed to between the parties in the Quote.
- “Lightbulb Studio” means the partnership between Brenton and Naomi Colley (ABN19 388 269 512) trading as “Lightbulb Studio” and includes our agents or permitted assigns.
- “Quote” means the quote as agreed to between the parties in writing.
- “Photograph” includes transparency, negative, digital scan, digital file, image or print.
- “Services” means the services to be provided to the Client in accordance with the Quote and these Terms and Conditions.