TERMS & CONDITIONS
WORKING WITH Fuzz DIGITAL
Fuzz Digital Terms & Conditions | Email: firstname.lastname@example.org
All quotes from Fuzz Digital are bound by the following terms & conditions.
AGREEMENT - This agreement between the above referenced photographer (herein “Creator”) and the undersigned client (herin “Client”) or agency representative (herein “Agency”) governs the described brief in the accompanying quote/estimate and along with these Terms and Conditions, constitutes the entire agreement between the parties. The Fees and Expenses are based on the Job description as represented by the Client (or Agency) as summarised in their brief. The Client (or Agency) is responsible for the presence of an authorised representative at the shoot to approve the creators interpretation of the project. If a client (or Agency) representative is not present, the Creator's interpretation shall be deemed acceptable. Any changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith, and a 10% variance applies to project totals. The Client (and/or Agency) hereby indemnifies and holds the Creator harmless against any and all liabilities, claims, and expenses including reasonable legal fees arising from Client’s (or Agency’s) use of the Work. Quotations are valid for 15 days and will need to be re-quoted if this period has lapsed.
PAYMENT - A 50% advance retainer is required to initiate production. Client (or Agency, if project is commissioned and agreed to by Agency), shall make remaining payment within 30 days of invoice. Late payments will be billed at $50.00/month handling fee and 5%/month interest on total outstanding balance. WA Government clients may provide an official Government purchase order in lieu of a cash deposit, final high resolution images or video content will be released to the end client once final payment is received.
COPYRIGHT, LICENSING - All work created by the Creator and the associated copyright is the sole and exclusive property of the Creator. Grant of any reproduction rights to the Client is condition upon receipt of payment in full, from Client (or Agency). All rights not expressly granted in the Job Description above shall be reserved by the Creator. Modification of Work and/or incorporation of Work in any layout or concept shall not constitute a joint work or derivative work. If Client (or Agency) wishes to make any additional uses of the Work not detailed in Project Description/Purpose or Licensing outline, Client (or Agency) will obtain permission from the Creator and negotiate an additional fee for that use, which may be greater than the pricing originally quoted.
CANCELLATIONS, WEATHER, POSTPONEMENTS - In the event of a cancellation or postponement of a shoot by the Client (or Agency) after the shoot confirmation/award within one week of shoot date, Client (or Agency) shall pay all expenses incurred by the Creator up to the time of the cancellation, plus a fee equal to 50% of all listed on quotation. If a shoot is canceled within 48 hours of confirmed shoot day, Client or Agency shall pay 80% of the final quotation amount. If a shoot is postponed due to weather, Client and Creator will negotiate a rescheduled shoot date. Cancellations due to weather will not result in any cancelation fees (providing a new date is scheduled) however Client may incur any and all expenses resulting from inclement weather (e.g. equipment rental, sub-contractors fees, location booking fees).
FORCE MAJEURE - Neither Creator, Client or Agency shall be liable for failure of either party’s obligations caused by any circumstances beyond reasonable control, including but not limited to acts of God, epidemics, pandemics, floods, riots, fires, civil unrest, acts of war or terrorism or failure of energy sources.
INDUCTIONS, PRE-PLANNING, OHS, D&A TESTS, PAPERWORK - Unless otherwise stated on the provided quote, the quoted price does not include the cost of any pre-planning permissions, clearances, drug & alcohol tests or time required to complete any inductions required for site. Client and site processes will be adhered too and any required paperwork be can be completed at a reduced rate of $60 Ex GST Per Hour (plus any direct cost required for any third party drug & alcohol testing).
POST PRODUCTION/COMPLETION DATES - Work will be delivered in a timely fashion, within a mutually agreed upon schedule and final delivery date. Due to the time requirements of running multiple productions and the sheer distance required to service our clients in the North West of Australia, delivery dates will normally sit within a range of 14 days from completion of shoot at soonest. Clients requiring a faster turn around than 14 days should discuss their requriements with Fuzz Digital first. If a client is not forthright in providing a specific due date by the time the shooting phase has wrapped, Fuzz Digital will not bear any responsiblity in fast tracking a clients project ahead of other clients.
Any additional retouching or re-editing or additional cuts requested by the Client (or Agency) beyond the scope of the client brief or quote description will be quoted and charged on a case-by-case basis.