Revised:  29 July 2024

Current T&C located at:  http://www.davidbroadway.com.au/services/terms-and-conditions

These Terms and Conditions (hereinafter referred to as "Agreement") govern the provision of photographic and videographic services (hereinafter referred to as "Services") by David Broadway Pty Ltd (hereinafter referred to as "David Broadway" or "Company") to the client (hereinafter referred to as "Client"). By engaging David Broadway for Services, the Client agrees to be bound by the terms outlined herein.

  1. AGREEMENT

1.1 These Terms and Conditions constitute the entire agreement between the Client and David Broadway regarding the provision of Services. Any modifications or additions to this Agreement must be made in writing and signed by both parties to be considered valid.

  1. DATA PRIVACY

2.1 All personal information submitted through the Company’s website will be securely stored and will not be sold to third parties. Contact details may be utilised for marketing, newsletters, and other communications from David Broadway Pty Ltd. The Client may opt-out of marketing communications at any time.

  1. COPYRIGHT

3.1 All images and content created by David Broadway remain the intellectual property of David Broadway unless a separate written agreement specifies otherwise. The Client is granted a license to use the images solely for the purposes agreed upon, with no transfer of copyright..

  1. SOCIAL MEDIA USAGE

4.1 When using images provided by David Broadway on social media, the Client is encouraged to provide credit to David Broadway. The Client shall tag or mention David Broadway on Instagram (@davidbroadway), Twitter (@david_broadway), Facebook (@DavidBroadwayPhotographer), and LinkedIn (@davidbroadway and @david-broadway-pty-ltd).

  1. RATES & PAYMENT

5.1 The Company’s rates are as follows:

  • Full Day Rate: Based on an 8-hour workday.
  • Half Day Rate: Based on a 4-hour workday.

5.2 A non-refundable deposit of 50% of the total fee is required to confirm and secure the booking. The remaining balance must be paid in full before the delivery of the final images.

5.3 Payments made by credit card are subject to a 3% surcharge. All prices are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST), which will be applied as per applicable regulations.

  1. CANCELLATION & POSTPONEMENT

6.1 In the event of cancellation or postponement by the Client, the Client shall be liable for all costs and expenses incurred by David Broadway up to the date of cancellation or postponement. The deposit is non-refundable.

6.2 Cancellations made within 24 hours of the scheduled appointment will incur additional fees as specified in the booking confirmation.

  1. COSTS OF RECOVERY

7.1 In the event of non-payment, the Client shall bear all costs associated with the recovery of outstanding amounts, including but not limited to legal fees and collection agency charges.

  1. TRAVEL & EXPENSES

8.1 For Services performed outside the Perth service area, the Client shall be responsible for all travel-related expenses, including but not limited to transportation, parking, flights, transfers, car hire, taxi fares, and accommodation.

  1. POST PRODUCTION

9.1 Post-production services, including retouching, will be billed either per image, at an hourly rate, or as a fixed fee, depending on the project requirements. Such costs will be clearly communicated and agreed upon prior to the commencement of post-production work.

  1. DELIVERY & TURNAROUND TIME

10.1 Final images will be delivered in JPEG format via digital download. The standard turnaround time ranges from 48 hours to 10 business days, depending on the complexity of the Client’s brief and any specific agreements.

10.2 Rush fees will apply for expedited delivery requests, including on-the-day or next-day turnaround.

  1. RETRIEVAL & STORAGE

11.1 The Client may request copies of the images within 30 days of delivery at no additional cost. Retrieval requests made after this period may incur additional fees.

11.2 David Broadway will maintain a backup of the original images. However, the Company accepts no liability for loss of images beyond its control.

  1. AUTHORSHIP CREDIT

12.1 A credit to David Broadway will be provided with all photographs where feasible. In instances where a credit cannot be displayed, a publishing fee will be applicable.

  1. VIDEO, FILM CREATION

13.1 RAW video footage will be stored for a maximum of 6 months. Final video exports will be stored for 24 months.

13.2 Video production includes one round of changes. Additional modifications will incur extra fees. Music licensing is not included in the production fee.

13.3 Turnaround time for video production is up to 4 to 6 weeks, with rush fees applicable for expedited services, including same-day or next-day delivery.

  1. FINAL NOTES

14.1 These Terms and Conditions may be amended or modified only by written agreement between David Broadway and the Client. All modifications must be documented and signed by both parties.