TERMS OF SERVICE

Last Updated: March 2025

These Terms of Service outline the agreement between Photimbr Media (“we”, “us”, “our”) and the Client (“you”, “your”). By confirming a booking, paying an initial payment, or engaging our services, you agree to these terms.

1. SCOPE OF SERVICES

Photimbr Media provides professional photography and video production services, including but not limited to:

  • Pre-production (strategy, planning, scripting)

  • Filming and photography

  • Post-production (editing, colour grading, sound design)

  • Final content delivery

Specific deliverables, timelines, and scope will be outlined in a written proposal, quote, or agreement. Any work requested outside the agreed scope may be quoted separately and may affect delivery timelines.

2. BOOKING & PAYMENT

  • A 50% initial payment is required to secure your booking.

  • This initial payment is non-refundable, as it covers date reservation, pre-production planning, and loss of other potential bookings.

  • Work will not commence until the initial payment has been received.

  • The remaining 50% balance is due upon final delivery unless otherwise agreed in writing.

  • Payment must be made by the invoice due date. Late payments may delay file delivery.

  • Payments outstanding beyond 14 days from the invoice date may incur a 5% late fee per week until paid in full.

3. REVISIONS & EDITS

Unless otherwise specified in the proposal:

  • Up to two (2) rounds of revisions are included.

  • Revision requests must be submitted within 7 days of receiving the draft.

  • Additional revisions beyond the included rounds will be billed at an hourly rate (as quoted in your proposal).

Revisions refer to adjustments to the agreed deliverable. Changes to concept, structure, or new deliverables are considered new work and will be quoted separately.

4. INTELLECTUAL PROPERTY & USAGE RIGHTS

Ownership

Photimbr Media retains full ownership of all raw footage, project files, working files, and unedited materials unless otherwise agreed in writing.

RAW files and project source files may be supplied for an additional fee at Photimbr Media’s discretion.

Licence

Upon full payment of all invoices, the Client is granted a perpetual, non-exclusive licence to use the final delivered content for their own business marketing purposes on digital platforms only.

Unless otherwise agreed in writing, permitted usage includes:

  • Organic social media

  • Paid social media advertising

  • Website and digital marketing

This licence does not include:

  • Television advertising

  • Broadcast media

  • Cinema advertising

  • Outdoor advertising (including billboards, signage, or large-format print)

  • Print advertising (magazines, newspapers, brochures, packaging)

  • Resale or redistribution of the content

  • Transfer of usage rights to third parties

Any usage outside of the permitted digital platforms must be agreed to in writing and may incur additional licensing fees.

Portfolio Rights

Photimbr Media reserves the right to display and promote completed work across portfolio platforms, including website, social media, and marketing materials, unless restricted in writing prior to the shoot.

5. CANCELLATIONS & RESCHEDULING

  • The 50% initial payment is non-refundable.

  • If cancellation occurs after work has commenced (including pre-production or planning), the Client remains liable for any work completed up to the date of cancellation.

  • Cancellations within 7 days of the scheduled shoot may incur additional charges if expenses have already been incurred or crew have been booked.

  • Rescheduling is subject to availability and may incur additional costs where changes result in additional time, travel, or third-party expenses.

If Photimbr Media is unable to proceed with a booking due to unforeseen circumstances, liability is limited to a refund of payments made.

6. TRAVEL & EXPENSES

Standard Service Area

Travel within 45 minutes of Adelaide CBD (as measured by Google Maps under normal traffic conditions) is included in the agreed service fee.

Outside Standard Service Area

For locations beyond 45 minutes from Adelaide CBD:

  • Travel will be charged at $0.85 per kilometre (return distance)

  • Travel time will be charged at $50 per hour (return time)

  • Additional expenses (including but not limited to accommodation, parking, tolls, or permits) may apply where required

All applicable travel charges will be itemised as a separate line item on the project invoice.

Confirmation of booking constitutes acceptance of applicable travel charges.

7. CLIENT RESPONSIBILITIES

The Client agrees to:

  • Provide necessary assets (logos, branding, scripts, access details) prior to production

  • Secure permissions, location approvals, and talent releases where required

  • Provide timely feedback to avoid project delays

Delays caused by missing materials or approvals may result in timeline adjustments or additional charges.

8. PROJECT TURNAROUND

Standard turnaround times will be discussed prior to project commencement.

Rush delivery may be available for an additional fee.

9. FILE DELIVERY & STORAGE

  • Final files will be delivered via secure digital download.

  • Download links will remain active for 30 days from the date of delivery.

  • The Client is responsible for downloading and securely storing all files within this period.

  • Photimbr Media retains archived project files for a minimum of 12 months; however, long-term storage is not guaranteed.

  • Retrieval of archived files after the initial 30-day delivery period may incur an administrative fee.

Photimbr Media is not responsible for file loss once the 30-day delivery period has expired.

10. CREW & SUBCONTRATORS

Photimbr Media may engage subcontractors, assistants, or editors where required. All subcontractors operate under Photimbr Media’s direction and quality standards.

For bookings of five (5) hours or more, reasonable rest and meal breaks will be scheduled for Photimbr Media and any engaged crew.

For extended bookings, meal arrangements may be handled in one of the following ways:

  • A meal provided by the Client or venue

  • Access to catering available onsite

  • Time allocated for crew to obtain food offsite

  • A reasonable meal allowance added to the invoice

Crew welfare and break scheduling are managed by Photimbr Media and will be arranged in a way that does not materially impact agreed deliverables.

11. LIMITATION OF LIABILITY

Photimbr Media takes all reasonable care in delivering professional services.

However, we are not liable for circumstances beyond our control, including but not limited to:

  • Weather conditions

  • Venue restrictions

  • Client delays

  • Equipment failure beyond reasonable control

In the unlikely event that Photimbr Media is unable to deliver the agreed service, liability is limited to a refund of payments made.

12. CONFIDENTIALLITY & PRIVACY

All client information and materials will be treated confidentially and will not be shared without consent, except where required for production or legal compliance.

13. UPDATES TO TERMS

These Terms of Service may be updated from time to time. For any confirmed booking, the version in effect on the date of the initial payment will apply.

14. AGREEMENT

By confirming a booking and/or paying the initial payment, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.