Terms of Service

Last Updated 29th December, 2015

1. Use of Digital Content for Promotional Activity
a) I understand that if deemed necessary, FlashX will, at its own discretion, select imagery obtained from this event/photography session to use for promotional or marketing purposes.
b) I understand that if FlashX elects to use content collected at my event/photography session, it will be strictly for marketing and/or promotional activity and governed accordingly under Australian advertising laws.
c) I understand minors or persons under the age of 18 appearing in digital content produced by FlashX are automatically made exempt from use in promotional or marketing activity unless express permission from a parent or guardian is obtained prior.
d) I understand that by providing an “approximate” age range value (section 5) on the event form I am, to the best of my knowledge, providing a reliable reference point in which the FlashX advertising team can reasonably assume the age of subjects appearing in digital content.
e) I understand that by selecting “YES” to section 6 of the event form, I give FlashX full permission to publish digital content from my event in the form of a digital collection (Album) to FlashX’s official Facebook page (facebook.com/flashxphoto) without limitations or liability except for applicable obligations required by Facebook’s terms of service.

2. Obligation to Fulfill Invoice
a) In purchasing this service, I am aware that I am responsible for all costs detailed on this order form, together with any costs incurred from a collection agency if the terms of the account are not met.
b) I understand that payment must be made through cash, or EFT* using the invoice number as reference; No other forms of payment are accepted.
c) I am additionally aware that after confirming a booking with FlashX, cancellation of this booking within 24 hours of the event/photography session will incur a cancellation fee of $49 which must be payed in cash or through EFT* with the invoice number as reference.
d) I understand that after signing the event form, the order is final, and no changes, exchanges or refunds can be made after signing.

3. Rights to Styling
a) I understand that all images/videos will be produced in a style deemed appropriate by FlashX unless otherwise requested on this order form.
b) I understand that if a special request is made on this form, FlashX will make a reasonable attempt to meet the outcomes of these special requests however are under no obligation to do so.
c) I acknowledge that a discrepancy will occur between raw images obtained by the photographer and the final product. This is especially true of image crops which can be effected/altered in appearance by various mounting options and also the colouring of the imagery which varies noticeably between calibrated computers, tv screens, and which also responds differently to different printing surfaces.
d) I acknowledge and accept that variations in skin tone and hair colour will be noticeable from image to image due to different lighting situations and that colours will not be an exact reproduction of those in real life and will vary from product to product.

4. Licensing of Digital Content
a) I acknowledge that FlashX retains copyright of all imagery produced at my event and/or photography session.
b) I accept that all individual artworks, collections and other digital content produced by FlashX will display the FlashX seal of authenticity, branding and/or watermark except when published to the FlashX secure library.
c) I understand that I, the client, have express permission to freely publish, distribute or endorse both branded and non-branded content provided by FlashX services provided that it does not enter a commercial or profitable context, unless specified by an overriding contract.
d) I acknowledge that as long as the FlashX seal of authenticity, branding and/or watermark is clear and present on digital content made available by FlashX, external persons or entities may freely publish, distribute and/or endorse content owned by FlashX in any context including that of social media.
e) I understand that I may not provide another person, company, business or any other entity which is external to myself access to digital content without the FlashX seal of authenticity, branding and/or watermark. In allowing external persons or entities to publish unbranded content provided by FlashX, I am breaching this terms of service and may be subject to legal action and liable for damages regarding copyrighted content.

5. Services Involving Drone/Aerial Photography
a) I understand that FlashX offers drone services based on the type of event and the examined suitability of the event for drone flight. There are a number of restrictions the drone operator must abide by before flying, which prioritise safety of the drone equipment as well as people/objects.
b) I acknowledge that the FlashX drone operator reserves the right to terminate or postpone drone services if environmental variables such as weather or obstacles render it too dangerous to fly the drone safely.
c) I understand that drones are very complicated pieces of machinery and as a result may not perform to the outcomes of the project brief and that a refund for costs involved with the post-production of drone footage may be considered by FlashX.
d) I understand that FlashX does not hold a CASA license for drone flight and until a license is acquired, FlashX may not charge any amount for the flight and operation of the drone and any costs detailed on the invoice are purely for post-production services of the drone footage.
e) I acknowledge that FlashX must operate within the legal guidelines set by the Australian Government, and must be flown accordingly at the discretion of the operator to the current drone laws in Australia.

6. Termination of Services
a) I understand that FlashX reserves the right to terminate or suspend its services immediately, without prior notice or liability, for any reason whatsoever, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
b) I understand that if the safety of FlashX staff or equipment are in any way threatened or compromised throughout the course of the event/photography session, service may be terminated immediately and I may be legally accountable for any damages during the period of service provided by FlashX.