At Andersen Studios, we are committed to providing you with exceptional production and advertising services. As part of our dedication to transparency and professionalism, we want to ensure that both you, our valued client, and our team have a clear understanding of the terms and conditions that govern our collaborations.
Before embarking on any project with Andersen Studios, we encourage you to carefully review the following terms of service. These terms apply to clients who have confirmed a shoot date and approved the provided quote, our social media/advertising/digital clients as well as to our design projects and photography/videography services. They outline important details regarding project commitments, payments, intellectual property, confidentiality, dispute resolution, and more.
Our goal is to foster a mutually beneficial working relationship, and these terms are designed to protect the interests of both parties. If you have any questions or require further clarification on any aspect of these terms and conditions, please do not hesitate to reach out to our team.
We value your trust and look forward to collaborating with you on your creative projects. Thank you for choosing Andersen Studios as your partner in creativity.
Definitions of these terms can be found at the bottom of the page.
If Andersen Studios blocks out a specific period of time with the agreement that it represents a firm commitment from the Client, then no further efforts are made to sell that time. If the job is cancelled or postponed within 5 business days, it is unlikely that this time can be re-booked. This reserved time represents Andersen Studios' primary source of income. However, Andersen Studios will make all reasonable efforts to re-book the cancelled/postponed time with another comparable project. If the time is re-booked, negotiations regarding the photographer's or director's cost and/or the production fee will be considered. The term "BID" refers to the quoted amount.
If notice of cancellation/postponement occurs DURING or is given ONE TO FIVE WORKING DAYS before the commencement of the shoot, the Client will be liable to Andersen Studios for:
If notice of cancellation/postponement is given MORE THAN FIVE WORKING DAYS prior to the commencement of the shoot, the Client will be liable to Andersen Studios for:
In the event of postponement, and prior to the recommencement of production, the Client shall either execute an overage or new contract, and Andersen Studios shall be paid for such work in accordance with the payment terms, including an initial payment prior to the commencement of production.
In the event of cancellation, the Client shall pay Andersen Studios fees and costs in accordance with the terms outlined in this section. Invoices for cancellation shall be due and payable upon receipt of the invoice.
Andersen Studios shall have the right to cancel the project without penalty in the event the Client has breached the production agreement or defaulted on payment to Andersen Studios.
Design projects are subject to a 50% deposit upon execution of the contract. Clients are permitted unlimited changes in branding/creative direction concepts, which are initial and minimal concepts used as draft branding/web design. Once the direction/web template has been approved by the client, 3 rounds of changes are permitted, with additional changes charged at $100 per hour (excluding GST).
Full-day shoots include up to 150 selects, and half-day shoots include 60 selects. Additional selects beyond these limits are charged at $200 per 50 images.
Images are deliverable within 3 business days for non-retouched assets, and 10 business days for retouched assets. A rush fee of $400 (excl. GST) per day, is required if images are to be delivered sooner.
<30sec
First draft is deliverable within 3 business days, a rush fee of $400 (excl. GST) per day, is payable if the video is required sooner.
>30sec
First draft is deliverable within 5 business days, a rush fee of $400 (excl. GST) per day, is payable if the video is required sooner.
Payment Schedule
The Client agrees to adhere to the payment schedule outlined in the project proposal or as otherwise specified in the contract. Invoices shall be payable within 14 days from the date of the invoice.
Late Payment
In the event of late payment, the Client shall be responsible for a late payment fee of 5% percent per month on the outstanding balance from the due date until the date of payment.
Ownership
Unless otherwise agreed in writing, all intellectual property rights, including copyrights, trademarks, and any other proprietary rights, arising from the work produced under this contract shall be owned by Andersen Studios.
License
Upon full payment of all fees and expenses, Andersen Studios grants the Client a non-exclusive, worldwide, royalty-free license to use the final deliverables solely for the purposes outlined in the project proposal.
Ownership and Licensing
Andersen retains full ownership of all content produced, granting the client a license for specified usage as outlined below.
Usage on Owned Channels in Australia
Unless otherwise specified, Andersen's content can be used on the client's owned social media channels and website within Australia. Usage beyond this scope, including global usage, will incur a usage fee payable in full prior to usage. Images may be used on approved channels for a period of 1 year from the shoot date, with additional fees applicable for further usage. Andersen retains perpetual self-promotion rights. Upon expiration of current rights, the client reserves the first option for reuse.
Usage on Owned Channels Outside Australia
The client must notify Andersen if images are to be used outside Australia on owned channels. Additional fees must be paid in full prior to usage.
Additional Usage Purchase
When purchasing additional usage rights, the invoice will specify the rights, time-frame, exclusivity, geographic region, market, usage realm, and media allowances of the agreement. Renegotiation of terms for extending or modifying usage beyond the initial agreement is subject to mutual agreement.
Notification Requirements
For images used outside Australia, the client must notify Andersen in advance, specifying the intended usage and geographic scope.
Termination Clause
Either party may terminate the agreement under specified circumstances, with provisions for any associated consequences or obligations.
Photo/Video Usage Definitions
The client may request the following usage requirements:
Confidential Information
Both parties agree to keep confidential any information, materials, or data exchanged during the project that is marked as confidential or reasonably should be considered confidential.
Duration of Confidentiality
The obligation of confidentiality shall remain in effect indefinitely beyond the termination or completion of the project.
Termination for Breach
If either party breaches any material term of this contract and fails to remedy the breach within 14 days of receiving written notice, the other party may terminate this contract immediately.
Termination for Convenience
Either party may terminate this contract for any reason by providing 60 days written notice to the other party.
Limitation of Liability
In no event shall Andersen Studios be liable to the Client for any consequential, indirect, or special damages, including loss of profits, arising from or related to this contract.
Indemnification
The Client agrees to indemnify and hold Andersen Studios harmless from any claims, losses, costs, or liabilities arising from the Client's use of the deliverables provided under this contract.
Force Majeure Events
Neither party shall be liable for any failure or delay in performing their obligations under this contract due to events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government regulations.
Suspension of Obligations
In the event of a force majeure event, the affected party's obligations under this contract shall be temporarily suspended to the extent necessary, without liability.
Mediation
Any disputes arising under this contract shall first be subject to mediation, with both parties agreeing to engage in good faith mediation before pursuing arbitration or litigation.
Jurisdiction
This contract shall be governed by and construed in accordance with the laws of the state of Victoria, and any disputes shall be resolved in the courts of that jurisdiction.
1.1. Specific Period of Time: A predetermined period of time during which Andersen Studios commits to providing services, typically encompassing the agreed-upon shoot date and related activities.
1.2. Firm Commitment: An assurance that the Client's booking of a specific time represents an unambiguous agreement and commitment by Andersen Studios to allocate its resources and efforts for the Client's project.
1.3. Re-booking: The process of rescheduling and allocating the same time slot initially committed to another project, should the Client's project be cancelled or postponed.
1.4. Comparable Project: A project with similar scope, requirements, and timing as the cancelled or postponed project, suitable for re-booking the allocated time.
1.5. Negotiation: Discussions and potential adjustments to the photographer's or director's cost and/or the production fee when the time is successfully re-booked.
1.6. Bid: The specified quoted amount for the project as outlined in the project proposal or contract.
2.1. Notice of Cancellation/Postponement: Formal communication from the Client to Andersen Studios indicating the Client's decision to cancel or postpone the project.
2.2. Internal Costs: Expenses incurred by Andersen Studios that are directly related to the project and cannot be recovered in the event of cancellation or postponement.
2.3. External Costs: Expenses incurred by Andersen Studios that are associated with third-party services or resources required for the project and cannot be recovered in the event of cancellation or postponement.
2.4. Edit/Creative Fee: The fee associated with editing or creative work on the project, expressed as a percentage or amount of the total project cost.
3.1. Notice of Cancellation/Postponement: Formal communication from the Client to Andersen Studios indicating the Client's decision to cancel or postpone the project.
3.2. External Costs: Expenses incurred by Andersen Studios that are associated with third-party services or resources required for the project and cannot be recovered in the event of cancellation or postponement.
3.3. Edit/Creative Fee: The fee associated with editing or creative work on the project, expressed as a percentage or amount of the total project cost.
4.1. Overage or New Contract: A subsequent contract or agreement outlining the terms, costs, and schedule for work to be completed following the postponement of the project.
4.2. Payment Terms: The specific arrangements for payment in the event of project postponement, including any initial payments required prior to the recommencement of production.
5.1. Fees and Costs: The financial obligations and expenses incurred by the Client in the event of project cancellation, as outlined in the contract.
5.2. Invoices: Official documents sent by Andersen Studios to the Client for the purpose of billing fees and costs associated with project cancellation.
6.1. Breached Production Agreement: A situation where the Client has violated the terms and conditions outlined in the production agreement or has failed to make the agreed-upon payments to Andersen Studios.
7.1. 50% Deposit: A payment equal to 50% of the total project cost, required from the Client upon the execution of the design project contract.
7.2. Branding/Creative Direction Concepts: Initial and minimal design concepts developed by Andersen Studios' design team for branding or web design, which may be subject to changes and revisions by the Client.
7.3. Rounds of Changes: The number of allowable revisions or modifications to the design concept, typically limited to three rounds before additional charges apply.
7.4. Additional Changes: Revisions or modifications beyond the originally agreed-upon number of rounds, which may be subject to additional charges.
8.1. Full-Day Shoots: Photography sessions that cover a full day of work, with an allocation of up to 150 select images from the session.
8.2. Half-Day Shoots: Photography sessions that cover half a day of work, with an allocation of up to 60 select images from the session.
8.3. Additional Selects: Any select images beyond the allocated limit for full-day or half-day shoots, subject to an additional charge of $200 per 50 images.
9.1. Payment Schedule: The predetermined timeline and method by which the Client is required to make payments to Andersen Studios as outlined in the project proposal or contract.
9.2. Late Payment: A fee imposed on the Client if they fail to make payments within the specified payment period, calculated as a percentage of the outstanding balance for each month the payment is overdue.
10.1. Ownership: The legal right to possess, use, and control intellectual property, which, in this context, includes copyrights, trademarks, and any other proprietary rights related to the work produced by Andersen Studios.
10.2. License: A legal permission granted by Andersen Studios to the Client, allowing them to use the final deliverables for specific purposes as defined in the project proposal, contract, or written agreement.
11.1. Confidential Information: Information, materials, or data shared between the parties during the project that is either explicitly marked as confidential or that a reasonable person would consider confidential due to its nature or the circumstances of its disclosure.
11.2. Duration of Confidentiality: The period during which both parties are bound by their confidentiality obligations, extending indefinitely beyond the completion or termination of the project.
12.1. Termination for Convenience: The right of either party to terminate the contract for any reason by providing advance written notice as specified in the contract.
12.2. Termination for Breach: The right of either party to terminate the contract if the other party fails to remedy a material breach of the contract within the specified cure period after receiving written notice of the breach.
13.1. Limitation of Liability: A provision that restricts the extent to which Andersen Studios can be held financially responsible for damages or losses suffered by the Client, particularly excluding consequential, indirect, or special damages.
13.2. Indemnification: An agreement by the Client to compensate and protect Andersen Studios from any claims, losses, costs, or liabilities arising from the Client's use of the deliverables provided under the contract.
14.1. Force Majeure Events: Unforeseeable and uncontrollable events, such as natural disasters, acts of God, war, terrorism, strikes, or government regulations, that may prevent or delay the fulfilment of contractual obligations.
14.2. Suspension of Obligations: The temporary halting of obligations under the contract by the affected party in response to a force majeure event, without incurring liability for such suspension.
15.1. Mediation: A process in which both parties engage in negotiations facilitated by a neutral third party (the mediator) with the aim of reaching a mutually acceptable resolution to a dispute.
15.2. Jurisdiction: The specific legal jurisdiction (e.g., the state of Victoria) whose laws govern the contract and where any disputes related to the contract will be resolved through legal proceedings if mediation fails to reach a resolution.