By engaging with any services, paid or non-paid, from Outer Focus Events ("We", "Us", "Our"), you (including any entities engaged on your behalf) agree to the following Terms of service whilst doing business with us, unless agreed otherwise prior to project commencement.

Written confirmation must be made with Outer Focus Events prior to project commencement. Project commencement is observed on initiation of filming, photographing, aerial application, or digital creation in relation to the project or services..  

You consent for content (including but not limited to photographs, videos, graphic work) produced by Outer Focus Events or any contractors employed by us, to market the content on the website https://www.outerfocusevents.com.au/ and/ or any related domains, Including any sites hosted by Pixieset.\ . You also consent for us to market the content in physical, digital or any other form including on social media platforms.

1. Engagement of services

1.1 Services. Subject to the terms set out herein, Client engages media professional to provide, and media professional agrees to provide, the media services described in this Section 1.1 (the “Services”).

Description of Services:

Not limited to, but including: Photography, Videography, Aerial Applications, and Graphic work.

As part of the Services, the creator will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still, moving or graphic, created by media professional pursuant to this agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.

1.2 Exclusivity. Client acknowledges and agrees that media professional will be the exclusive provider of the Services, including any contractors or parties engaged for the project on our behalf, unless otherwise agreed to by the parties in writing.

2. Fees and Payment

Refer to individual quotations and invoices for information regarding fees and payment.

Quotes, where provided, are valid for 14 days from the "Quote date". After 14 days, if no work has commenced, or if the quote has not been accepted in full, via Pixieset or written confirmation, then quote is invalid and any services shall not be provided. An additional quote must be provided.

Invoices are final, and may incur additional expenses compared to quotations, where operationally required to complete the project to the clients required specifications. This includes, but is not limited to, re-edits and reviews of work above and beyond that stated in quotes, or any additional work required to be undertaken to meet the clients specified requirements.

The following outlines the provision of Terms of Service relating to payments and late fees when doing business with us (Outer Focus Events).

In addition to any contracts, unless otherwise specified, the following terms and conditions apply to invoiced services provided by Outer Focus Events or any contractors engaged on our behalf:

Client agrees to pay all Fees outstanding on or prior to the due dates set out in the invoice. Any partial payment outstanding, or non-payment, after the due date will incur an initial late fee of 20% of the invoiced amount, plus an additional 10% for every 7 days following. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations are provided in the Invoice and will be the final amount payable.

Quotes are provided for indicative financial purposes only, and are not considered final. 

Late fees are calculated on the due date of the payment. "Late" is considered beyond the payment due date, unless confirmation from reasonable sources of funds transfer has been provided on or before the payment date.

3. Client Responsibilities

3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees or participants of the photo shoot, video engagement, or any work requiring approval.

3.2 Expenses. Client will provide the means of travel or be responsible for reasonable travel expenses incurred by media professional that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not in metropolitan Melbourne, Client will be responsible for any other expenses incurred by media professional that are necessary for the performance of the Services as more particularly set out in Article 2.

3.3 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

4. Photographer Responsibilities

4.1 Equipment. Client will not be required to supply any photography equipment to Photographer. However, the client may choose to provide equipment. Such agreements may be explicitly or implicitly made to use client equipment, to lower operational costs incurred by the client.

4.2 Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike, responsible and safe manner, and in such a manner as to avoid unreasonable interference with Client’s day-to-day activities.

4.3 Photography Staff. Photographer will, and will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services): 

• comply with the reasonable directions of Client from time to time regarding the safety of attendees or participants at the photo shoot and applicable health, safety and security requirements of any locations where the Services are provided;

• ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.

• Photographer will be responsible in every respect related to the production of content, for the actions of all media Staff.

• Ensure, to the best of our ability, that all employees, staff and contractors adhere to the clients specified requirements for the production of deliverables.

5. Artistic Release

5.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions, however cannot guarantee that all suggestions, recommendations and specifications be met.

5.2 Style. Client acknowledges and agrees that:

• Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style

• Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services in-line with the clients requests of the project; and

• Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

• Where practicable, photographer will strive to produce content close to, or of similar nature of previous work, whether moving or still or graphic in nature.

6. Term and Termination

6.1 Term. This Agreement will begin on project commencement as previously mentioned and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been fully delivered (“Term”).

6.2 Cancellation. Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 14 days before the original date of the Services (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article 6 is duly provided or unless the parties otherwise agree in writing.

Where there was no Retainer amount, the client assumes responsibility to reimburse Outer Focus Events 30% of the full quoted amount for the project, including deliverables, project outcomes and all associated costs - Travel.

Where a retainer has been obtained, the retainer will be kept pursuant to Section 6.

6.3 Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Services. In this case, reimbursement of up to 30%, or the Retainer will be kept, in the event of no retainer, reimbursement of 30% of the original quoted amount will be invoiced and kept.

6.4 No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client. Unless agreed upon in writing.

6.5 Replacement. In the event that Photographer is unable to perform the Services, Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer, or replacement session, to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Retainer and all fees paid by Client, and thereafter shall have no further liability to Client. Work conducted prior to the termination of the agreement shall not be handed over.

7. Ownership of Work Product by Photographer

7.1 Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sub-licensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Client Materials as provided herein.

7.2 May be overridden in writing between client and photographer.

7.3 Reserved

8. Limited License to Client

8.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card.

8.2 Commercial Use. The client is provided with an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for the Client’s exclusive commercial use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product.

The Work Product is commercially available exclusively for the intended client, and is non-transferable.

Should the client wish to transfer, sub-license or anything to the contrary set out in Section 8.1 or 8.2, an additional agreement must be made between the client and Outer Focus Events.

The client is provided with 1-year complimentary access to all content and any other digital formats stored online. If an extension of the 1 year period is required to store content digitally online on Outer Focus Events websites; an additional fee of 25% of the original invoiced amount is to be paid.

Following the 1 year complimentary period, all online access via Outer Focus Events websites is revoked and deleted. This action cannot be undone.

9.  Indemnity and Limitation of Liability

9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the date of termination of the Agreement.

9.3 Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer (e.g., camera flashes from an audience).

9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under the original quote, or invoice.

10. General

10.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

• Photographer’s Email

• Client’s Email

• Alternate email: If contacted via an alternative email, it assumed this is the primary means of contact.

10.2 Survival. Articles 7, 8, 9 and 10 will survive termination of this Agreement.

10.3 Governing Law. This Agreement will be governed by the laws of Victoria, and Australia.

10.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.

10.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

Outer Focus Events uses third parties to manage online transactions.

For more information relating to third parties and how your data may be used, including when you visit Outer Focus Events websites, including any domains hosted or managed by Pixieset, visit our 'Cookie Policy' and 'Privacy Policy'.

You may be bound by, but not limited to, the Privacy Policy and Terms and Conditions of https://www.paypal.com/au and/ or https://www.stripe.com when doing business with us. 

Refunds, returns, exchanges or disputes with "Store" orders are protected by the Australian Consumer Law, and any relative local state laws. Once orders are placed via Outer Focus Events or "Pixieset.\" are consdiered final and cannot be interrupted, a refund, returns or exchange request must be made.