Terms of Service
1. Agreement Overview
These Terms of Service ("Agreement") are entered into between Markus Ravik ("Photographer") and the client ("Client") for the provision of photography services. By engaging the Photographer's services, the Client agrees to be bound by this Agreement.
2. Services Provided
The Photographer agrees to provide professional photography services as detailed in the agreed-upon quotation or proposal, including but not limited to event coverage, portrait sessions, and post-processing.
3. Fees and Payment Terms
Service Fees: The total fee for services will be outlined in the quotation provided to the Client.
Payment: Payment is due within 14 calendar days from the date of the invoice.
Late Payment Interest: If any invoice remains unpaid for more than 30 days after its due date, the Client agrees to pay interest on the overdue amount at a rate of 10% per annum, calculated monthly. Interest will accrue from the 31st day after the due date until the outstanding amount is paid in full. This interest charge is intended as a genuine pre-estimate of loss incurred due to late payment and is not a penalty.
4. Travel Expenses
Mileage: For locations beyond 30kms from Brisbane CBD, a travel fee of $0.88 per kilometre (inclusive of GST) will be charged for the round trip.
Other Expenses: Any additional travel-related expenses (e.g., accommodation, tolls) will be communicated and agreed upon in advance.
5. Client Responsibilities
The Client agrees to:
Provide accurate information regarding the event or session.
Ensure necessary permissions are obtained for shooting locations.
Be punctual and cooperative during the session.
6. Cancellation and Rescheduling
Client Cancellation: If the Client cancels the scheduled photography session less than 7 days before the agreed-upon date, the Photographer reserves the right to charge a cancellation fee equal to 20% of the total invoice amount. This fee is intended as a genuine pre-estimate of the Photographer's loss due to the cancellation, including but not limited to lost opportunities and preparation costs. This policy is designed to be fair and reasonable, in accordance with Australian Consumer Law.
Photographer Cancellation: In the unlikely event the Photographer must cancel, a full refund will be provided, and reasonable efforts will be made to reschedule.
7. Delivery, Usage Licence & Intellectual Property
Delivery: The Photographer will deliver the edited images to the Client within 7 days of the scheduled shoot.
Licence Grant: Upon full payment, the Photographer grants the Client a non-exclusive, non-transferable licence to use the images for the purposes outlined in the project agreement. This may include marketing, advertising, promotional, editorial, or internal business use. Any use outside this scope — such as sub-licensing, resale, product packaging, or third-party distribution — requires the Photographer’s prior written consent and may incur additional fees.
Ownership & Reserved Rights: All intellectual property rights in the images — including copyright — remain exclusively with the Photographer. Unless agreed otherwise in writing, the Photographer reserves the right to use the images for portfolio, marketing, promotional, and other commercial purposes. All rights not expressly granted in this licence are retained by the Photographer.
8. Limitation of Liability
The Photographer will take all reasonable steps to provide high-quality services. However, liability is limited to the amount paid by the Client for the services rendered. The Photographer is not liable for circumstances beyond control, including but not limited to equipment failure or adverse weather conditions.
9. Dispute Resolution
Any disputes arising under this Agreement will first be attempted to be resolved through mediation. If unresolved, the dispute will be submitted to the exclusive jurisdiction of the courts of Queensland, Australia.
10. Acceptance of Terms
By accepting a quotation, the Client acknowledges they have read, understood, and agree to these Terms of Service.