Terms and conditions - Social Media Subscription Packages
PAYMENT SCHEDULE
Purchase of service requires the Client to pay the first instalment to Ariana Gillrie upfront during the checkout process.
After this, an automatic recurring payment plan will be created for the Client and payments will be withdrawn monthly reflecting the Client’s check out date. Failure to clear funds from the Client within 7 days of the payment schedule will incur late fees.
Once the Subscription has been purchased by the Client all automatic payments are non-refundable.
SERVICES
All subscription packages purchased by the Client include the following services:
On-site shooting
Off site post production editing
Client liaison
Should the Client require creative direction, producing, model casting, team assembly, prop sourcing or location scouting they are to inform Ariana Gillrie during normal business hours via email, Monday to Friday, 9am-5pm AEST. These are all additional services that can be provided to the Client at a set fee.
The Client is responsible for the provision of a shot list to Ariana Gillrie that serves as a checklist for all deliverables required to be provided to the Client. Failure to provide an itemised shot list to Ariana Gillrie prior to the shoot could result in an unsatisfactory product/shoot at the cost of the client. If the Client requires Ariana Gillrie to re-shoot, this will be at the expense of a subscription payment or an additional service fee.
DELIVERABLES
All Subscription Clients are allocated a selection of Images per hour from their photoshoot dependant upon their package purchased with Ariana Gillrie. These selections will be made from an online gallery that will be delivered to the Client via email up to 5 business days after their photoshoot has taken place. Extra selections are available to the Client at an extra fee of $50/image + GST.
All edited files will be delivered by Ariana Gillrie to the Client via gallery link and email within 72 hours upon receiving selections back in writing. If additional images have been purchased by the Client they are required to process the additional payment prior to receiving all of the imagery back from their shoot.
Should the client require images sooner than the 72hr turnaround an express edit option is available at an additional fee of $200 + GST. The client is required to notify Ariana Gillrie of this request prior to arriving on site for the shoot.
Ariana Gillrie may however inform the client of changes to delivery timings 48 hours prior to the shoot. Delivery timings given to the Client by Ariana Gillrie are based on an estimation and can be subject to change at any given time.
Upon accidental loss or destruction of content by the Client after delivery, a re-delivery fee will be incurred.
PHOTOSHOOT SCHEDULING
Scheduling of all monthly shoots are the sole responsibility of the Client and are to be scheduled using the scheduling system provided; Calendly. Should they require assistance with scheduling they are to provide their request in writing via email to Ariana Gillrie during normal business hours, Monday to Friday, 9am-5pm AEST. All subscription shoots are to take place Monday to Friday 9am-5pm. Bookings outside these hours will incur an out of hours loading fee of 30% of the shoot fee.
Ariana Gillrie will not be liable for any shoots that are left unscheduled by the Client. If the Client fails to schedule his/her shoot in before expiring, the client will not be compensated by Ariana Gillrie. All subscription shoots are non-refundable.
All Clients are provided a month or period to schedule and shoot allocated photoshoots based upon their purchased package. If the Client fails to book their shoot in, then the shoot expires for that period. Should the client require a one off extension due to unforeseen circumstances they are to provide their request in writing to Ariana Gillrie during normal business hours, Monday to Friday, 9am-5pm AEST. Shoots are non-refundable.
Cancellation of a scheduled photoshoot requires the Client to give Ariana Gillrie 48 hours notice in advance and in writing during business hours. Upon Cancellation the Client will be required to re-book a preferred date. Ariana Gillrie will not be liable for shoot availability in the scheduling system used by the Client due to last minute cancellations or rescheduling, particularly in conjunction with other scheduled Client bookings.
In the unlikely event of rain or unforeseen weather circumstances, the Photoshoot may be postponed until a later date. Ariana Gillrie’ decision is final and can be made on the morning of the photoshoot. This is in the best interest of the client so photoshoots and deliverables can be executed to a satisfactory level for the Client.
PACKAGE ESTIMATE
Package estimates provided by Ariana Gillrie to the Client are valid for six (6) months from the date of purchase. The Client may upgrade to a package of higher value. The Client however cannot downgrade from an existing package.
PHOTOGRAPHERS CREDIT
When the Client uses finalised images on Social Media Platforms or in publications, it’s appreciated where possible that photographers credit is given as listed below:
Social platforms - @arianagillrie
Publications - Ariana Gillrie
USAGE
Where Ariana Gillrie Provision of Services involves Photography or Retouching, Ariana Gillrie standard included license of the Images to the Client covers use of the final edited images only, for distribution worldwide via the internet or public display only, for a 5 year usage period time frame. Images may be distributed on Social Channels, Print and Web use. For Advertising usage, such as billboards, further fees are applicable to the Client and will be agreed upon and paid in full before distribution.
Without limiting Ariana Gillrie’s rights, the Client agrees that Ariana Gillrie can use photographs and images taken at the location and other material Ariana Gillrie creates or provides (all Materials) for promotional purposes including as examples of Ariana Gillrie work and in any brochure, newsletter, manual, report, website or other media, and such use may include the Client’s corporate name or other IP as it appears in the Materials, without liability or compensation to the Client, and Ariana Gillrie may also alter the Materials, determining to include or remove the Client’s name or other IP, without prior client approval. Ariana Gillrie reserves the right to subcontract any Services that Ariana Gillrie has agreed to perform for the Client as Ariana Gillrie sees fit.
SICKNESS
Upon unforeseen circumstances such as family emergencies or sickness, rescheduling will be required and organised by Ariana Gillrie in conjunction with the Client. However, Ariana Gillrie will not be liable for any compensation, If the services provided are unable to be rescheduled. In circumstances of sickness whereby Ariana Gillrie is unable to carry out services or those services are unable to be postponed until a later date, it is the responsibility of the Client to source an alternative replacement. Ariana Gillrie will not be liable for any extra fees incurred by these third party contractors.
CLIENT’S MATERIALS
All Materials are used and stored by Ariana Gillrie solely at the Client’s risk and Ariana Gillrie is under no obligation to insure any Materials.
Ariana Gillrie will not be liable in respect of any loss of the Materials arising out of the action of any person not employed or engaged by or associated withAriana Gillrie even though such person is present during and involved with the performance of the services.
DISPOSAL
Raw Images and edited files will be retained for up to twelve (12) months only and then may be disposed of, deleted or erased. If at the end of twelve (12) months services have not been paid for, Ariana Gillrie reserves the right to dispose of all Raw files and finished works.
If the Client chooses to purchase additional images prior to the end of the twelve (12) months, they can do so for an additional fee of $50/Image + GST.
FAILURE OF EQUIPMENT
Whilst all reasonable care and preparation is taken for photography and editing, Ariana Gillrie will not be liable for any compensation except for return of that particular shoot payment, should a failure occur in all or any of the electronic equipment used.
CLIENT ACKNOWLEDGEMENTS
The Client acknowledges and agrees that:
Ariana Gillrie will have a lien on Materials provided by the client; and
No title in the Services manufactured, produced, duplicated, or otherwise provided by Ariana Gillrie will be transferred to the Client until the Client pays all the amounts due to Ariana Gillrie in full. The Client acknowledges and agrees that upon payment of all outstanding invoices due to Ariana Gillrie, the Client is entitled to receive the finished works, but has no entitlement to the working files of Ariana Gillrie. The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by Ariana Gillrie are solely those of the client. The finished works are intended to represent the opinion of the Client and in no way reflect the views of and opinions of Ariana Gillrie, its employees and subcontractors.
MINIMUM TERMS
All Subscription Clients are bound by the minimum term of their package purchased from Ariana Gillrie. Should the Client wish to cancel their subscription before the end of their minimum term, they are to pay Ariana Gillrie out the balance of their minimum term, including their additional once month notice period.
Momentum - Six (6) month minimum term
Everything - Six (6) month minimum term
Launchpad - Twelve (12) month minimum term
Hospitality - Twelve (12) month minimum term
CANCELLATION OF THE SUBSCRIPTION
If the client has engaged Ariana Gillrie to provide services, the Client may notify Ariana Gillrie in writing (during normal business hours, 9am-5pm AEST) that the Client does not require the Services to be provided on that date ("the cancellation”). The Subscription package for the Client will cease one month from the date of received notice as specified above.
If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
Cancellations engaged by the Client must be initiated after the minimum term period specified by Ariana Gillrie. The Client’s one month notice period is a paid notice period to the same value of the Clients monthly subscription payment and will be automatically debited by Ariana Gillrie. Once the cancellation payment has been received from the Client, the subscription provided by Ariana Gillrie will cease.
The Client shall not unreasonably withhold acceptance of, or payment for their package.
RIGHT OF REFUSAL OR TERMINATION
Ariana Gillrie reserves the right to terminate the provision of services to the Client at any given time.
Ariana Gillrie reserves the right to terminate the provision of services to the Client, if any person employed or contracted by Ariana Gillrie is placed in a position where there is an actual or apparent risk of injury; or theres is a risk that any of the equipment used may be damaged.
If Ariana Gillrie terminates the provision of services due to the above circumstances, then any deposit paid by the client is non-refundable.
Should any of the circumstances outlined occur, Ariana Gillrie may seek compensation from the client for any loss or damage suffered.
FORCE MAJEURE
If Ariana Gillrie cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, sickness, family emergencies or omission of any third person or public authority, then Ariana Gillrie’s obligations under the contract will be suspended for the duration of the event or waived to the extent applicable.
LEGAL COSTS
The client will be liable for any legal costs incurred by Ariana Gillrie in the recovery of unpaid invoices on an indemnity basis.
PRIVACY
All information received by Ariana Gillrie from the Client, writes or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.
CONTACTABLE HOURS AND COMMUNICATION CHANNELS
Due to the nature of freelance work, Ariana Gillrie will have limited availability for contact during normal business hours via email, Monday to Friday, 9am-5pm AEST.
If Ariana Gillrie does not hear from the Client after repeatedly touching base three times the Clients subscription will be terminated and any outstanding payments within the minimum term will be required to be paid out. Once again, all subscription package payments are non-refundable.
AMENDMENT
Ariana Gillrie reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice.