1. Introduction

1. Please carefully read and understand the following Terms of Service that will govern our working relationship.

2. By engaging Studio Blackardt’s Services (e.g. booking a shoot, accepting a quote, verbally/written requests or any other reasonable forms of engagement), you agree to abide by these Terms of Service.

2. Definitions

In this contract:

1. Services means any work agreed to be undertaken by Studio Blackardt for the Client.

2. Advertising Budget is allocated by the Client and is the amount of money that will be spent on Social Media Advertisements.

3. Social Media Advertisements are when the Client pays the social media platform to increase the visibility of a post or created advertisement.

4. Appropriate Advertising Parameters include the target audience specifications for a Social Media Advertisement as decided by the Client and/or Studio Blackardt.

5. Predicted Social Media Advertisement Results include the results that the respective social media platform predicts when indicating the Appropriate Advertising Parameters.

6. Due Date means the delivery date stipulated in the quote or per this Terms of Service (if it is not included in the relevant quote).

7. Additional Services include anything outside of the scope of the initial Services.

8. Credit Line includes a statement that the Product is created by Studio Blackardt.

   1. An example Credit Line is: ‘Video by Studio Blackardt’ or tagging one of Studio Blackardt's social media profiles in the post.

9. Edit includes making any changes to the delivered Product (including but not limited to adjusting the colour grading or adding a filter) by Studio Blackardt.

10. Documentation includes informational documents, strategies, analytical documentation, and contracts.

11. Pricing Structures include any quotes, proposals, or prices that Studio Blackardt provides/charges to the Client.

12. Strategy includes the strategies and plans discussed and organised by Studio Blackardt for the Client.

13. Product is any form of completed work by Studio Blackardt, including but not exclusive to photos, videos, websites, and graphic design.

3. Booking and Product Delivery

1. The predicted delivery for the final product is as per the relevant quote or invoice.

2. To allow for unforeseen circumstances, Studio Blackardt will have until 10 business days after the Delivery Date to complete the project.

3. Product Delivery will be taken to occur when the content has been uploaded to a shared Google Drive or another online cloud storage system before the Due Date.

4. All Services must be booked via our website contact form or by emailing info@studioblackardt.com.

5. Studio Blackardt will make every effort to accommodate your preferred date and time. However, scheduling is subject to availability.

6. Our service area is a 30km radius around Brisbane City 4000. Any travel outside of this radius is subject to additional fees.

4. Additional Services

1. Any Additional Services requested by the Client must be requested in writing and agreed to by both parties. After this agreement is made, the additional charges, as the parties agree, will become binding.

2. All changes must be provided by the Client in writing and agreed to by both parties in writing.

3. If a Client has agreed in writing to changes and the associated fee, they are liable for these fees, regardless of whether they change their mind later.

5. Event Changes and Cancellation 

1. Studio Blackardt must be notified, in writing, immediately of any changes in schedule or location or a complete cancellation at least 3 days before the scheduled production date.

2. Cancellations within 48 hours of the booking are subject to a 10% cancellation fee of the Service value.

3. Cancellations within 24 hours of the booking are subject to a 25% cancellation fee of the Service value.

4. If a booking is cancelled on-site and the shoot cannot be completed, you will be charged the full shoot fee.

5. If the Client notifies Studio Blackardt by phone, a written (e.g. email) confirmation must be sent within one day of such notification. 

6. Payment for the Services

1. Payment will persist as per the relevant quote or invoice.

2. When the Client requests Studio Blackardt to create a Social Media Advertisement, Studio Blackardt requires the Advertising Budget to be paid before the commencement of the Social Media Advertisement.

3. Payments must be made to Studio Blackardt via one of the stipulated methods on the invoice(s).

4. If payment is not received within two weeks of the due date, an overdue fee of 5% of the total invoice value each week (compounding) will be added to the invoice amount until payment is made pursuant to this clause.

5. Any Additional Services requested by the Client will be subject to additional charges pursuant to this agreement.

7. Advertising and Marketing

1. If Studio Blackardt has selected and applied the Appropriate Advertising Parameters on Social Media Advertisements, Studio Blackardt is not responsible if the post fails to reach the Predicted Social Media Promotion Results by the social media platform.

8. Client Cooperation

1. The Client shall assist and cooperate with Studio Blackardt in delivering our Services.

2. The Client is responsible for ensuring a site is ready for a shoot. This includes but is not limited to cleaning, decluttering, and staging as necessary. Studio Blackardt will not be obliged to touch, move, or rearrange any belongings or furniture. The Client should attend on-site for a shoot to ensure maximum Service satisfaction.

3. If the Client does not provide requested information, access, approvals, communication, or content, Studio Blackardt will not be held responsible for failure to deliver the Services.

4. The Client shall assist and cooperate with Studio Blackardt in obtaining the desired Product, including but not limited to specifying persons and/or scenes to be captured, taking time to pose for the camera at Studio Blackardt’s direction, etc.

5. Studio Blackardt is not responsible for the impact of any interference caused by staff, guests, stakeholders, or vendors on the final Product.

6. If Studio Blackardt is exposed to (i) unsafe conditions or (ii) objectionable or illegal acts, Studio Blackardt reserves the right to take reasonable action to remedy such a situation, including but not limited to abandoning the Service. In such event, Studio Blackardt shall not be obligated to refund any of the fees paid by Client because of such action.

7. If the Client wants to revise or change a delivered Product or Service, they must notify Studio Blackardt within 10 business days. After that, Studio Blackardt will deem the project completed and approved, and any further changes will be subject to Additional Service charges.

9. Copyright, Final Product Usage and Final Product Credit

1. All Services delivered by Studio Blackardt, in whatever form, are copyright protected.

2. Studio Blackardt retains Copyright to all content. This clause shall survive the term of the agreement.

3. Studio Blackardt gives the Client non-exclusive licensing use of the Product produced under this contract.  

4. Without our written consent, you may not sell, license, or transfer the photographs to any third party.

5. Studio Blackardt allows the reproduction and publishing of the Product for internal Client use (e.g. social media, blogs, advertisements).

6. Any sale or publication for profit without Studio Blackardt's written permission violates federal copyright law.

7. Studio Blackardt has the right to use any Products created under this contract for promotional and portfolio purposes.

8. If the Client uploads Studio Blackardt Products, Studio Blackardt must be credited by a Credit Line.

9. The Client cannot Edit any Studio Blackardt Products. The Client can only Edit and then upload Products if Studio Blackardt has given written consent for each edited Product.

10. All provided Documentation is the property of Studio Blackardt and is not to be redistributed without the consent of Studio Blackardt.

11. The Client must not share any Studio Blackardt Pricing Structures with individuals outside of this business relationship unless Studio Blackardt has provided prior written consent.

10. Lost Photographs/Footage and Product Retention

1. If files are lost or corrupted during the Service, the Client will not be charged for the time taken to capture this footage. The best efforts will be made to recover this footage; however, if this cannot be done, a date will be arranged to recapture the required Content.

2. Studio Blackardt shall take all reasonable steps to protect files. Once the Client has approved the final delivered Product, Studio Blackardt shall have no further obligation to preserve it, regardless of the form of media in which it is stored.

11. Client Confidentiality 

1. Studio Blackardt will not, under any circumstances, share sensitive credentials or information with any individuals unless specified by the Client.

2. Any Strategies will not be shared with anyone outside this business relationship without written permission.

12. Price Protection 

1. Studio Blackardt warrants that all prices quoted are valid for 30 days following the issue date. Orders placed after such a period are subject to Studio Blackardt's published pricing at the time of the order’s placement.

13. Liability

1. Studio Blackardt will not be liable for any loss or damage incurred by the Client for any actions, including negligent actions, resulting from Studio Blackardt’s actions or inactions or its employees.

2. If Studio Blackardt is unable to attend production due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Studio Blackardt's sickness, or other acts of God beyond the parties’ control, then Studio Blackardt shall return all money paid by Client (including any deposit), and this Terms of Service shall immediately terminate.

3. The prevailing party in any litigation or dispute involving this Terms of Service or the Services performed thereunder shall be entitled to recover from the non-prevailing party reasonable solicitors' fees, costs, and expenses arising from such litigation or dispute.

14. Termination of Contract

1. Studio Blackardt reserves the right to terminate this Terms of Service at its absolute discretion. The Client is not obligated to provide any form of payment, and Studio Blackardt is not obligated to provide any of the work already rendered or to compensate the Client for potential losses suffered.

2. Both parties may agree in writing to close this Terms of Service, with payment and work rendered forming an aspect of that agreement.

3. If the Client wishes to terminate this Terms of Service before the Due Date and without written agreement from Studio Blackardt, they must provide 90 days written notice. The Client will be required to pay for any discounts or complimentary services that were provided during this Terms of Service.

4. Studio Blackardt reserves the right to enforce the remainder of the Service to be paid by the Client as part of a contract termination.

5. In the event of a dispute, both parties agree to attempt to resolve the issue through mediation before pursuing legal action.

15. Miscellaneous

1. These Terms of Service are governed by the laws of the Queensland Government.

2. The Client acknowledges that this Terms of Service stands in place of a written agreement.

3. By accepting these Terms of Service, you agree and acknowledge that you have provided all necessary and accurate information for this Service, including but not limited to desired photograph angles, drone locations and inclusions, addresses, key information, required content, and access instructions.

4. By engaging Studio Blackardt, you acknowledge that you have read, understood, and agreed to these Terms of Service.