General Terms

1. License

   1. Drawcard retains all copyright, intellectual property and original authorship rights for every original image or video produced, graphic design, digital files and other creative materials (“Work”), and retains ownership of all working and processed files. Any Work not provided to the Client as part of a final set (including but not limited to notes, sketches etc.) shall remain the property of Drawcard.
   2. Upon full payment, the Client receives an exclusive license to use the Work for their organisation’s marketing, promotional, and internal business purposes. This includes use on websites, social media, printed materials, and internal communications. Beyond this purpose, the license is not transferable unless otherwise agreed to in writing.
   3. The Client cannot give or sell the Work to anyone else without getting written permission from Drawcard first. Drawcard may charge extra fees for this.
   4. The Work must not be used by the Client in any way that is defamatory or injurious to Drawcard, and Drawcard’s business entities, agents, and associates (“Associates”). Work must not be used in any way that is unlawful, illegal, or discriminatory.
   5. The following rights survive this and any future agreements:
      1. The right of Drawcard to publicly display and promote any Work that is not bound by a signed confidentiality agreement.
      2. The right of Drawcard to claim full or co-originating authorship credit for such Work.
      3. Any editorial use of the Work provided must credit Drawcard as the following: “Drawcard.com.au”. Type size for authorship credit shall be no smaller than the type surrounding the Work, and must be positioned adjacent to the Work. Drawcard reserves the right to charge a fee if authorship is not correctly credited.

2. Releases

   1. It is the Client’s responsibility to ensure that they have obtained any necessary releases and permissions where applicable, including but not limited to model releases, location or property releases, trademarks, registered designs, copyrighted works, or other permissions (“Releases”).

3. Australian Consumer Law

   1. Nothing in this Agreement is intended to exclude, restrict, or modify rights which the Client may have under the Australian Consumer Law or any other applicable legislation which may not be excluded, restricted, or modified by agreement. If any provision of this Agreement is inconsistent with any applicable law, that provision shall be read down to the extent necessary to comply with such law, or, if it cannot be so read down, it shall be deemed void and severable.

4. Limitation of Liability

   1. To the maximum extent permitted by law, Drawcard’s total liability for any claim related to this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the Client to Drawcard under this Agreement. Drawcard shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or in connection with the Services or Work provided, even if Drawcard has been advised of the possibility of such damages.

5. Indemnification

   1. To the maximum extent permitted by law, the Client agrees to indemnify and hold harmless Drawcard and their Associates against any actions, claims, liability, injury, or loss (“Losses”) arising from the Services or Work.
   2. The Client agrees to indemnify and hold harmless Drawcard and their Associates against any Losses arising where appropriate Releases and/or permissions are not obtained; or where a Work is used in a way that exceeds or contravenes the permitted terms of Releases.
   3. If Drawcard cannot perform due to natural disaster, strike, force majeure, or due to any other circumstance (eg. Illness), then Drawcard shall reschedule the shoot and/or Work delivery time frame, but shall have no further liability. This limitation on liability shall also apply if photographic materials or Works are damaged in processing, lost through camera or equipment malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Drawcard. In the event Drawcard fails to perform for any other reason, this shall be limited to a pro-rata refund of monies paid by the Client to Drawcard.

6. Payment and Travel

   1. For new clients, payment terms are 50% deposit upon booking and the remaining balance within 14 days of invoice. For established clients with regular bookings, payment is due within 14 days of invoice.
   2. For commissioned Work quoted in excess of $2,000 (excluding GST) will be split across 2 payments with 50% upfront and 50% on completion of the job.
   3. If the Client cancels or postpones a shoot within 48 hours of the shoot date, for any reason, Drawcard reserves the right to charge up to 100% of the job cost.
   4. Any travel beyond a 20km radius from Adelaide GPO is charged at $1 (ex GST) per KM plus $50 (ex GST) per hour travel time.

7. Editing and Storage

   1. Drawcard will edit and process all Work according to professional standards and in line with the style shown in our portfolio. Each type of Work includes different levels of editing:
      

      Type of Work	Included editing
      Headshot Photography	Comprehensive editing and colour correction
      Business Photography	Basic editing and colour correction
      Event Photography	Basic editing and colour correction
      Architectural Photography	Advanced editing including combining multiple exposures. Please note edits such as object removal and reconstruction of areas are not included.
      Product Photography	Comprehensive editing and colour correction
      Graphic Design	Revisions provided will be specified in the quote or proposal, (or two rounds if otherwise unspecified).

      Additional editing requests beyond these standards will be billed at $170 (ex GST) per hour. Drawcard will inform the Client of anything out of scope and provide an additional estimate.

   2. It is the Client’s responsibility to properly store and make backups of the Work provided. Drawcard may not retain backups of Work delivered to the Client, nor other original files created during a project. Drawcard may delete all files 30 days after project delivery.

8. Miscellaneous

   1. This Agreement follows South Australian law and any legal proceedings must take place in South Australian courts.
   2. The Client and Drawcard agree to attempt to resolve any disputes that may arise, following these steps in sequential order:
      1. Firstly, via direct negotiation between both parties;
      2. Should this fail, after 14 business days; then via Alternative Dispute Resolution (ADR), by a qualified and registered organisation (for mediation, conciliation or arbitration) with any ADR costs evenly split between the Client and Drawcard;
      3. Should this fail, then after 60 business days, either party may commence legal proceedings or continue effort to negotiate towards resolution.

9. Termination

   1. Either party may terminate this Agreement by giving 14 business days written notice. For ongoing projects, the Client must pay for all work completed up to the termination date, plus any non-refundable expenses incurred by Drawcard. Any fees or invoices owed by the Client must be paid to Drawcard upon termination of this Agreement. Upon termination of this Agreement, any Work still retained will be deleted unless required by law, or indicated in this Agreement.
      
      

Any questions? Please get in touch below.