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Thank you for choosing KRUZ CREATIONS (ABN 35 389 639 245)  (hereafter “Kruz Creations”, “our”, “we”, “us”, “the Photographer”) as your photographer. This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use the Goods and Services (‘the Terms’) supplied by Kruz Creations.

Please read these terms carefully before booking with Kruz Creations, or before using our Goods and Services. The Terms enclosed are important because they set out the rights and obligations of you as the Client, when using our Goods and Services (‘Your Booking’).

Your Booking is confirmed once you have accepted these terms through the use of our client management system. However, in the event that you do not execute these terms via this method (but you pay the Booking Fee), you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you. By booking, you agree to the below.

 

1.          Scope of Goods and Services

1.1       Kruz Creations provides professional photographic Goods and Services that are outlined in on its website (‘the Goods and Services’).

1.2        These Services will be outlined and confirmed in the confirmation email sent to you.

 

2.          Expression of Interest

2.1       You acknowledge that until a Booking Fee is paid, your enquiry (whether by email or by telephone) is an expression of interest only and not a binding agreement to provide services on the proposed Booking Date.

2.2       An expression of interest means that a proposed Booking Date is “held” for a period of 7 days from the date of the formal expression of interest (‘the EOI Period’). After that period of 7 days, Kruz Creations cannot guarantee that the proposed Booking Date will be available.

 

3.          Booking Fee

3.1       You must pay a Booking Fee which is non-refundable. The Booking Fee will be noted at the time of booking as an AUD $ amount. Each service requires a different booking fee (noted as ‘deposit’)

3.2        Such Booking Fee is non-refundable. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable unless specified in this Agreement.

3.3        The purpose of the Booking Fee is to not to secure our Goods and Services on your specific day, and for costs and expenses for work performed in order to prepare for your Booking.

3.4        The Booking Fee has been set as liquidated damages as a genuine estimate of loss suffered in the event that you cancel our Services, regardless of whether we are able to book another client on your Booking Date.

3.5       Subject to the terms and conditions contained within this Agreement, your Booking Fee may be transferred to another date if agreed between the parties . Where the parties have used their reasonable endeavours to find a mutually agreed date but it cannot be found, the Non Refundable Booking Fee will be retained.

 

4.          Payments

4.1       You agree to make payment of the Package Price for the Goods and Services outlined on the confirmation email, as well as any other further charges incurred in accordance with this Agreement.

4.2        You are required to pay for the Package as follows:

4.2.1.  The Booking Fee as outlined in Clause 3;

4.2.2.  The remainder of the full Package price (‘the Final Payment’), due upon receiving a Tax Invoice or payment request.

4.3       Any payments made to Kruz Creations will be made via direct deposit or other means required by Kruz Creations such as EFT, Credit Card or Third Party Payment Provider. 

4.4       Failure to pay monies due means that Kruz Creations may suspend or withhold the provision or performance of Goods and Services until such payment is made.

4.5       Where the Booking requires substantial travel for Kruz Creations (being more than 30 kilometres from the Photographer’s business location) further costs may arise and be charged to you.

4.6       Where the timeline for the Event is behind schedule or the photographer is asked to remain at the Event, it will be the discretion of Kruz Creations as to whether the photographer stays for the later time and further charges may be incurred.

4.7        Where you pay the invoice through the assistance of a Third Party Payment Provider (‘TPPP’) you acknowledge that you have read over those terms and conditions thoroughly, and have informed the TPPP that they agree to be bound by any terms and conditions in addition to these terms. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. The Photographer accepts no responsibility for your use of any TTTP. You agree to keep their information including their email address and payment details up to date so that the TPPP and the Photographer can process payment and contact you as needed in connection with the provision of the Services.

 

 

5.          Cancellation of Booking

5.1       You may cancel this agreement at anytime, by notifying Kruz Creations in writing and by doing so, you forfeit the non-refundable Booking Fee and any monies paid to date. 

If you would like to reschedule, please understand there may be a wait up to 6-7 weeks due to other bookings being in place. This could vary or you can be put onto a wait list for if a spot becomes open.

If you book product photography on a weekend - the session will be moved to the following available working day.

5.2       Cancellation does not affect your obligation to pay for Services already provided.

 

6.          Postponement of Booking

6.1       In the event that you wish to postpone your Booking , your Booking Fee and other monies may be transferred to another date if agreed between the parties. Where the parties have used their reasonable endeavours to find a mutually agreed date but it cannot be found, the Non Refundable Booking Fee will be retained and all other monies will be returned.

 

7.          Post-Production

7.1        Kruz Creations prides itself on giving quality photos, therefore images can take a minimum of three (3) weeks to edit and/or complete.

7.2        The client acknowledges the editing style of Kruz Creations is as seen on www.kruzcreations.com and understands it is the responsibility of the client to specify if a different editing style is required before booking to see if Kruz Creations can attempt as requested.

7.3       Kruz Creations will edit images based upon any notes and shared vision boards. It is the responsibility of the client to complete any booking forms/questionnaires/shot lists. Failure to complete any booking forms/questionnaires/shot lists disqualifies the client to make any complaints about editing or shooting styles.

7.4       After your session date, we will provide you with a gallery link. This gallery will contain all images of a professional standard that ensures the professional integrity of Kruz Creations is upheld. It remains the discretion of Kruz Creations as to which photos are deemed not useable.

7.5       The Client acknowledges that Kruz Creations will only hold all original files for 90 days, and all final edits for 12 months. It is the Client's responsibility to request any desired prints, products, or files before these dates.

 

 

8.          Intellectual Property

8.1       The photographs, digital negatives or prints produced by Kruz Creations are protected under all relevant Copyright Laws (with all rights reserved) and may not be reproduced, duplicated or altered in any manner without, Kruz Creations explicit written permission.

8.2       The Client must not edit, change, add to, take from, crop, alter or otherwise amend the photographs without prior consent of Kruz Creations. The Client must also ensure that when making the photographs publicly accessible on social media, that no filter or editing mechanism is used to alter the photos.

8.3       Upon final payment by the Client, limited copyright ownership of the resulting images will be transferred to the Client under the following conditions:

8.3.1. Final images are the property of the Client for personal and commercial use.

8.3.2. The Client must obtain written permission from, and compensate Kruz Creations prior to an event where the Client wishes to publish or sell any photographs by Kruz Creations for profit or attribution;

8.3.3.  The Client will not enter any images into competitions without the express written permission of Kruz Creations

8.3.4.  Any uploading of images to social media should be accompanied by a link to Kruz Creations website and/or Facebook business page or Instagram page.

 

9.          Model Release

9.1       The Client hereby assigns and grants Kruz Creations the irrevocable and unrestricted right to (i) use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.

9.2       The Client acknowledges that it is their responsibility to obtain the necessary assignment of rights to Kruz Creations from those who are to be featured in photography so as to ensure that Kruz Creations can use and publish the photographs of those persons.

9.3       The Client hereby releases Kruz Creations and assigns from all claims and liability relating to said photographs. it is agreed that Kruz Creations may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by Kruz Creations.

 

10. Responsibilities

10.1. Kruz Creations is responsible for bringing any equipment or assistants necessary to conduct the services outlined in this contract. The Client agrees to prevent any other photographers or videographers at the shoot from interfering with Kruz Creations performance of their duties, IF, the case of an on site photography session.

10.2. Kruz Creations is held liable for all responsibilities taken out if the photo shoot is done at the Kruz Creations Studio within reasons of a client being present. 

10.3. Kruz Creations will not be held liable for compromised event coverage due to interference from other parties. Likewise, Kruz Creations is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops.

10.4. Kruz Creations will provide the goods and services as described verbally and written prior and if The Client requests a detailed service list, this can also be written out in a schedule. If additional coverage hours are requested on the day of the events, The Clients agree to pay the Kruz Creations in full for those additional hours at the hourly rate of $180.00 p/hour. Kruz Creations agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific photos, poses, etc during the event.

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11. Unauthorised Reproduction

11.1. The Client agrees not to reproduce or modify the images or footage provided by Kruz Creations without first obtaining a formal written release signed by the Kruz Creations. Should the Kruz Creations discover any violations to this agreement, the Client agrees to be held financially responsible at a rate of $300.00 per

violation.

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12. Storage and responsibility of clients goods

12.1 Kruz Creations can hold client stock in storage including all products and props

12.2 Kruz Creations will dispose of any products or items from the clients {you} stock if the brand / client {you} hasn't booked a service in a period of 6 (six) months.

12.3 If any stock / products or items are damaged by Kruz Creations whilst in Kruz Creations care that are owned by the client {you}, the items will be paid for by Kruz Creations for the agreed price by the client {you}.

12.4 Kruz Creations will not be liable for stock / products arriving damaged in transit to Kruz Creations shipping address and new stock / products can be requested by Kruz Creations at the clients {you} cost.

12.5 Kruz Creations is not responsible for products expiring, ageing or becoming discoloured in any way whilst in Kruz Creations storage.

12.6 Kruz Creations will never use or take any client brands or products without written permission or purchase, unless, the products have been in Kruz Creations storage and not used for a Kruz Creations service within 6 (six) months {as stated above}.