J.J HURST & N.N NGUYEN (partnership ABN: 94 799 296 756),

T/as Black Dog Media (Here in after J.J HURST & N.N NGUYEN).

Please note that all amounts are estimates based on the information so far received. Should the requirements of the project change please notify us, and we can discuss this before proceeding.

Please email or call if you have any questions:

Jason Hurst

+61 414 717817 

jason@blackdogmedia.com.au

1. Acceptance

1.1 In commissioning our services, you agree to our Terms and Conditions as outlined here.

2. Definitions

2.1 ’We’ and ‘us’ refers to J.J HURST & N.N NGUYEN, its representatives, and employees.

2.2 ’You’ refers to the client, its representatives, agents and assigns and successors.

2.3 ’BUR’ is Base Usage Rate and includes the first use of the images as outlined in the Usage/Media section of our quote or Usage License.

2.4 ‘Usage License’ or ‘License’ refers to the rights licensed to the company, corporation, business, or entity named on the License.

2.5 ’Image’ or ‘images’ are the photographic images produced by digital capture or film including video or any other type of physical or electronic means.

3. Payment Terms

3.1 A 20% deposit is required to engage services.

3.2 Payment is to be received within 14 days of receiving the invoice.

3.3 Prepayment is required for outlays.

3.4 Prepayment is required for all production under $3500.00

4. Copyright 

4.1 J.J HURST & N.N NGUYEN retain all copyright and moral rights in each image /video supplied and agree to license the use of the images for the media and usage requirements as outlined below.

4.2 Usage Rights will be licensed to you for company usage, as outlined below, and are not transferable. The images may not be passed on or on sold to any third party or parties without written permission.

4.3 If a third party or additional usage is required please contact us for a quote.

4.4 Territory Undefined

4.5 Duration Indefinitely

4.6 You may request to have copyright assigned to you, copyright may be assigned for a fee equal to 100% of the quote, less expenses, or as negotiated and specified on the quote and/or invoice.

5. Usage License

5.1 You may use the images for the Media, Territory, and Duration outlined in the Usage License.

5.2 Additional Usage will attract additional usage fees – we are happy to quote on this if this is required.

5.3 The license is not transferable and the images/videos may not be passed on or on sold to any third party or parties without written permission from J.J HURST & N.N NGUYEN.

6. Exclusivity

6.1 Unless otherwise agreed upon in writing, the images/videos are supplied on a non- exclusive basis.

6.2 J.J HURST & N.N NGUYEN retains the right to use the images for self-promotion and may on sell the images to third parties during the terms of your Usage License if it deems there is no conflict of interest with your usage requirements.

7. Cancellations & Postponements

7.1 A booking is considered firm as from the date of confirmation. (booking is confirmed upon acceptance of a quote or by confirmation in writing).

7.2 If a confirmed booking is canceled or postponed for reasons other than weather, we reserve the right to charge 100% of all direct costs incurred or due, including but not limited to, accommodation and travel expenses, props, equipment, studio and vehicle hire, etc are due upon cancellation or postponement.

7.3 In addition if a confirmed booking is cancelled or postponed 7 days prior to the booking commencement date the following cancellation or postponement fees also apply:

• • • • • • 1 day booking: incurs a cancellation or postponement fee equal to the value of a half day rate for all crew booked;
          • 2 to 4 day booking: incurs a cancellation or postponement fee equal to the value of a 1 day rate for all crew booked;
          • 5 or more day booking: incurs a cancellation or postponement fee equal to the value of a 2 day rate for all crew booked.

7.4 Where a booking is rescheduled and shot within 6 months of the original booking date a rebate of 50% of the postponement fee will be provided on the final invoice.

7.5 If canceled or postponed within 48 hours of the shoot date we reserve the right to charge 100% of the Photography & Pre-production fees and all costs incurred or due.

8. Weather days

8.1 We reserve the right to charge 75% of all photography, pre-production, assistants and crew fees on any weather postponements or delays at our discretion (e.g, the shoot is postponed due to adverse weather experienced once on the shoot, preventing us from obtaining satisfactory shots to fulfil the client brief).

8.2 100% of all direct costs paid or due, such as accommodation and travel expenses, props, equipment, studio and vehicle hire, etc will be charged.

9. Indemnity

9.1 J.J HURST & N.N NGUYEN shall not be liable for any legal action, claim, or damages resulting from or arising out of the use of, publication, or distribution of the images.

9.2 You agree to indemnify J.J HURST & N.N NGUYEN, against any claims and/or damages.