Standard Terms & Conditions of Business
The following terms relate to the provision of our commercial photography, video and filmmaking services.
1. Introduction
These Terms & Conditions govern all photography, video, and film projects carried out by Sum Effect Pty Ltd (ABN 19 588
001 283), referred to as “Sum Effect”, “we”, “us”, or “our.” By engaging our services, you agree to these terms.
2. Definitions
“Client” or “you” refers to the person or entity commissioning the commercial photography services.
“Stills” means photographs, graphics, and any other static visual content.
“Motion” means video footage, videos, films, animations, and any other dynamic visual content.
“Final Assets” includes all deliverables from the project, whether stills or motion.
“Project Agreement” means quote, estimate or any other written, verbal or implied agreement defining agreed commercial photography services.
“Usage Licence” refers to the rights granted to the Client to use the final assets as specified in the project agreement.
3. Copyright & Usage
3.1 All copyright and intellectual property rights in the final assets remain with the photographer and Sum Effect.
3.2 Each usage licence is determined based on the brief. It may be non-exclusive or exclusive, with the specifics defined in
each usage licence.
3.3 Upon full payment, we grant a non-exclusive or exclusive, non-transferable Usage Licence for the specific purpose,
duration, and media as outlined in the project agreement.
3.4 Modifications or additional uses beyond the agreed licence require our written consent and may incur additional fees.
3.5 Sum Effect does not provide or transfer ownership of original, unprocessed camera RAW files. Only final assets, edited
deliverables as specified in the project agreement will be provided.
4. Project Bookings & Fees
4.1 Projects under $2,500 require full upfront payment to confirm the booking.
4.2 Projects over $2,500 follow a standard payment structure of:
- Advance Payment: 50% to commence the project.
- Final Payment: 50% prior to the delivery of final assets.
4.3 Payment structures may be adjusted at Sum Effect’s discretion.
4.4 For projects extending beyond four (4) weeks, a milestone-based payment structure applies, typically structured as
three (3), four (4), or five (5) staged payments.
4.5 Agency clients typically follow a structured payment schedule:
- Booking Fee: 20% upon project confirmation.
- Advance Payment: 30% prior to production commencement.
- Final Payment: 50% upon completion and delivery.
5. Cancellation & Rescheduling
5.1 Cancellation or rescheduling must be notified in writing.
5.2 Fees refer to the photographer’s creative fee. Fees may apply as follows:
- More than 10 business days’ notice: 25% of total fees
- Between 3 to 10 business days’ notice: 50% of total fees
- Less than 3 business days’ notice: 100% of total fees
5.3 Additional expenses incurred, such as team, equipment and location use, will be charged at 100% of the incurred cost.
6. Delivery & Acceptance Links
6.1 Final assets will be delivered digitally or as otherwise agreed.
6.2 You have 14 days from delivery to review the final assets and request reasonable revisions.
6.3 Revisions outside the initial scope or beyond 14 days may incur additional fees
7. Liability
7.1 We are not liable for any indirect, incidental, or consequential damages arising from the use of our services.
7.2 Our liability is limited to the amount paid for the services rendered.
8. Confidentiality
8.1 Both parties agree to keep confidential any proprietary or sensitive information disclosed during the project.9. Use of Articial Intelligence (AI) and Machine Learning
9.1 We do not permit the use of any material provided by Sum Effect including images, videos, films, text, or other final assets, for training, testing, or refining AI or machine learning systems, including generative AI tools.
9.2 This applies to both commercial and non-commercial use.
9.3 Clients must obtain written permission from Sum Effect before using any final assets in any AI-related workflows, training, or platforms.
9.4 If you are unsure whether a proposed use falls under this clause, please contact us for clarification.
10. Governing Law
10.1 These Terms & Conditions are governed by the laws of Western Australia. Any disputes shall be resolved in the jurisdiction of Western Australia.
11. Amendments
11.1 We reserve the right to update these Terms & Conditions from time to time. Clients will be notified of significant changes.
Questions?
For any questions or clarifications, please contact us.
Last updated: 2 June 2025