These are the Terms and Conditions for all services, goods, and merchandise (“the services”) supplied by Design Identity Australia Pty Ltd (ABN 11 169 801 389) and any associated, related, and subsidiary companies, successors, and assigns (all of which are referred to as “Design Identity Australia”) to any person, firm, or company placing an order with Design Identity Australia for the purchase of services (“the Client”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Design Identity Australia and the Client, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Client.  

1. BOOKING AND PAYMENT

1.1. All model shoot bookings are subject to availability.
1.2. A deposit is required for first-time clients prior to the booking to secure the session.
1.3. Unless otherwise stated within our quote, the terms of payment are 14 days from the date of the invoice.
1.4. Until full payment is made for a job, a client will not have the authority to use any imagery processed by Design Identity.
1.5. A half day booking is considered 4 hours. A full day booking is considered 8 hours. Booking a half or full day is charged in full even if the shoot finishes early. Runsheets specifying a particular start and finishing time are treated in the same way.
1.6. If a job goes over the specified time it is decided by Design Identity Australia Pty Ltd authority to charge extra studio time, proportional to the day or specified in the original quote.

2. RESCHEDULING AND CANCELLATIONS

2.1. Requests for rescheduling must be made at least 24 hours prior to the scheduled shoot.
2.2. Rescheduling is subject to availability, and the deposit will be transferred to the new date.
2.3. Cancellations made with less than 24 hours notice will require full payment of the shoot fee.

3. SHOOT DETAILS AND DURATION

3.1. The duration of the shoot will be agreed upon at the time of booking.
3.2. Any additional time required beyond the agreed duration will be subject to additional charges.
3.3. The studio reserves the right to determine the number of final edited images delivered.

4. USAGE AND COPYRIGHT

4.1. The client receives a limited license to use the final edited images for personal or promotional purposes.
4.2. The client may not sell or transfer the images to any third party without written consent from the studio.
4.3. The studio retains the copyright of all images and reserves the right to use them for promotional purposes.

5. MODEL RELEASE

5.1. All participating models must sign a model release granting permission to the studio to use their images.
5.2 The studio may use the images for marketing, social media, website, and other promotional purposes.

6. IMAGE DELIVERY

6.1. The final edited images will be delivered in a digital format via Dropbox within a specified timeframe.
6.2. The client will have the opportunity to select the desired number of images included in the package.
6.3. Additional selected images may be available for purchase at an additional cost.

7. ADDITIONAL SERVICES AND PRODUCTS

7.1. Additional services, such as hair and makeup, wardrobe styling, and additional editing, may be available at an additional cost.
7.2. Any additional products or prints ordered will be subject to separate pricing and delivery terms.

8. STUDIO LIABILITY

8.1. The studio will take all reasonable measures to ensure a safe and comfortable environment during the shoot.
8.2. The studio is not responsible for any loss, damage, or injury incurred during the shoot.

9. GENERAL

9.1. All services provided by Design Identity Australia are provided subject to these Terms and Conditions together with any further conditions set out in Design Identity Australia’s proposal.
9.2. In addition to these Terms and Conditions: (a) for the supply of website services the conditions set out in Schedule 1 will apply. (b) for the supply of graphic design services the conditions set out in Schedule 2 will apply. (c) for the supply of photography services (including videography and 360° animation) the conditions set out in Schedule 3 will apply. (Titled Photography Terms and Conditions).
9.3. Design Identity Australia may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply from the date of alteration. A copy of the current Terms and Conditions of Sale can be found on Design Identity Australia’s website, www.designidentity.com.au. The Client acknowledges and warrants that he/she/it will regularly inspect the said website for any updated or altered Terms and Conditions and that there is no duty or obligation whatsoever on Design Identity Australia to inform or advise the Client of any such altered Term.
9.4. If a Client cancels or alters any order or part order for special goods or standard goods with special materials at any time after Design Identity Australia has received the order, then Design Identity Australia reserves the right to charge the Client the costs of any special goods or materials already acquired for the order, together with the cost of any labor and tooling already expended to the date of such cancellation or alteration, provided Design Identity Australia provides a written breakdown and evidence of the cost of any special goods or materials purchased or used and the labor cost incurred.
9.5. Goods & Services Tax (“GST”), Sales Tax, or any other applicable tax or duty payable shall be paid by or re-imbursed by the Client to Design Identity Australia on demand, and the Client shall indemnify and keep indemnified Design Identity Australia in respect of all taxes and duties including GST arising out of any sale of goods or the subsequent use of the goods after the sale to the Client. The amount of such tax or duty shall be calculated using the rates and methods of assessment in force at the time of delivery.

10. FEES

10.1. Fees payable by the Client to Design Identity Australia will be as set out in Design Identity Australia’s proposal or email.

11. TERMS OF PAYMENT

11.1. Unless otherwise stated on the Invoice, all prices are strictly exclusive of GST.
11.2. Payments shall be made by the dates set out in Design Identity Australia’s proposal/invoice/order confirmation or email.
11.3. Except in the event of an account query or dispute, if the Client fails to make payment in accordance with Clause 3, Design Identity Australia shall be entitled to:-(a) Charge an interest charge at the rate of one point five per centum (1.5%) per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid. Such interest charge is to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but a true measure of damages incurred by Design Identity Australia;(b) Claim from the Client all costs, expenses, and charges incurred on any account whatsoever on an indemnity basis including but not limited to any action taken by Design Identity Australia to recover monies or goods owing by the Client, including but not limited to mercantile agents’ costs and legal costs and disbursements on a solicitor/Client basis;(c) Credit any payments received from the Client first against any interest charges and costs and all such charges shall be payable on demand;(d) Cease providing any further services to the Client and to terminate any agreement in relation to services that have not been provided.

12. COMPLETION

12.1. Any date or time quoted for the completion of services is an estimate only and Design Identity Australia shall endeavor to effect completion at the time or times required by the Client but failure to do so shall not confer any right of cancellation or refusal of delivery on the Client or render Design Identity Australia liable for any loss or damages directly or indirectly sustained by the Client as a result thereof.
12.2. The Client shall not be relieved of any obligation to accept or pay for services by reason of any delay in completion or any strike, lockout, unavailability of materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labor, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any laws, regulations, governments, or agencies thereof and any other cause beyond the control of Design Identity Australia or any other cause whatsoever.

13. WARRANTIES

13.1. Neither party excludes or limits the application of any Statute (including the Competition and Consumer Act 2010 (Cth) as amended from time to time (“the Act“)), where to do so would contravene that Statute or cause any provision of these Terms and Conditions to be void. Nothing in these Terms and Conditions modifies or excludes the conditions, warranties, and undertakings and other legal rights under the Act and other laws. Except as expressly set out in these Terms and Conditions, and the Act, Design Identity Australia makes no warranties or other representations under or in connection with these Terms and Conditions, and Design Identity Australia’s liability in respect thereof, is limited to the fullest extent permitted by law.
13.2. To the extent permitted by law, all implied conditions and warranties are excluded. To the extent that any implied conditions and warranties cannot be excluded, the Client’s sole and exclusive remedy for any loss or damage, (whether direct, indirect, liquidated, special or consequential and including loss or damage arising as a result of death or personal injury to the Client or any other person), howsoever arising (including by reason of any breach of contract, condition or warranty (whether express or implied)) is, where permitted at law, limited to any one of the following, as determined by Design Identity Australia: (a) In the case of any Goods supplied by Design Identity Australia: i. the replacement of the relevant Goods or supply of equivalent Goods; or ii. the repair of the Goods; or iii. after prior agreement between Design Identity Australia and the Client, payment of the cost of replacing or having the Goods replaced or repaired; or iv. reimbursement of some or all amounts paid by the Client in respect of the Goods. (b) In the case of services supplied by Design Identity Australia: i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again.

14. FORCE MAJEURE

14.1. Design Identity Australia shall not be liable for any failure or delay in supply of the services where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Design Identity Australia including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, storm or tempest, theft, vandalism, civil commotions or accidents of any kind.

15. TERMINATION

15.1. If the Client fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager or administrator or controller is appointed for any property or assets of the Client or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator or administrator is appointed, Design Identity Australia may: i. suspend any further work; or ii. terminate its agreement with the Client.
15.2. If the Client is not satisfied with the services of Design Identity Australia, or any terms are broken, the client has the right to terminate its agreement with the supplier. All finalised work completed is required to be paid within an invoice supplied to the client.

16. GOVERNING LAW

16.1. The Client agrees that these Terms and Conditions of Sale shall be construed according to the laws of New South Wales.

17. SERVICE OF DOCUMENTS

17.1. The Client agrees that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to the last known address of the Client.

18. ELECTRONIC COMMUNICATIONS

18.1. In addition to delivery in person, via post and via facsimile, the Client agrees that invoices may be sent via email.
18.2. The Client agrees that email communications from Design Identity Australia to the Client constitute an “electronic communication” within the meaning of the Electronic Transactions Act 2000 (NSW) (“the Act”).
18.3. The Client agrees that in agreeing to receive invoices via email, the Client is designating “an information system for the purpose of receiving electronic communications” within the meaning of the Act.
18.4. The Client agrees that evidence of the “dispatch” (within the meaning of the Act) by Design Identity Australia of an email is also prima facie evidence of the “receipt” of the email by the Client within the meaning of the Act. Unless the contrary is proven the time of receipt will be deemed to be twenty (20) seconds after the time of the “dispatch” of the email.

1. PHOTOGRAPHY

Design Identity will provide the photography services set out in the Photography / Videography Proposal / email / quote.

2. ADDITIONAL WORK

Additional work is work in addition to that defined in the Proposal. Design Identity will charge for additional work. Design Identity Australia agrees to request a written brief before any shots are taken and re-touched to avoid any confusion.

3. CLIENT’S MATERIALS

Design Identity will inspect all materials provided by the Client and will report any damage as soon as possible. Once the materials have been returned to or collected by the Client, the Client must advise Design Identity as soon as possible if it believes there has been any damage to the material while in the possession of Design Identity.  Design Identity Australia agrees to handle the Client’s chattels, goods and materials with reasonable diligence and care.

4. DELIVERY AND ACCEPTANCE

On receipt of the photographic images, most commonly by upload to its website, the Client will inspect the images. If the parties agree that the images satisfy the brief provided to Design Identity Australia and should the Client require changes, it will advise Design Identity and Design Identity will carry out those changes without further cost. Should the Client require further changes after that, Design Identity will be entitled to charge for such changes as additional work with prior written consent from the respective brand.

5. COPYRIGHT

Design Identity retains copyright in the photography it produces until it has delivered the photography to the Client and received full payment whereupon ownership will transfer to the Client. Design Identity may still use such photography in its portfolio and promotional materials. This granting of copyright does not extend to the use of proposals and concepts submitted to but not approved for the work outlined. Until final payment Design Identity retains ownership of all artwork.

6. COLOUR

Design Identity Australia will endevour to colour correct all garments and products to the best of our ability and as true to life as possible using professionally colour calibrated screens. We try and advise prior to a photo shoot if we believe a certain colour ie. fluro or bright colours are hard to achieve.

7. CONFIDENTIALITY

Design Identity Australia agrees to keep any unapproved proposals and concepts and unapproved and/or non-final photography and works confidential.