CLEMENTS + CO. STUDIO SERVICES AGREEMENT
As an honest and reliable small business, we strive to always do our best to be transparent and forthcoming at all times. We aim to provide quality service and look forward to working with you on your upcoming project. Below are the terms that we use to help guide us in making good decisions for both our clients and ourselves. Our door is always open for a conversation.
Please take the time to read through the following agreement.
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1. CREATIVE SERVICES QUOTE
All quotes are valid for 30 days. Clements + Co. Studio reserves the right to charge for further works that go beyond the original scope.
2. BOOKINGS
For all new clients, a 50% non-refundable deposit is required. Upon payment, the client is agreeing to the terms of hiring Clements + Co. Studio stated in this Services Agreement. Work cannot commence until the deposit is made by the client.
The remaining 50% or final payment is due before all creative services are completed by the Studio (i.e. photoshoots and films), or before handover of completed works (i.e. website design, logos, signwriting etc.). Payments may be paid in full if preferred. For ongoing marketing services, invoices will be billed monthly.
3. CANCELLATIONS + RESCHEDULING
Deposits are non-refundable. However, the studio is flexible with rescheduling.
Services which are booked for a specific date and time will be charged a $250 cancellation fee, if cancelled with less than 24hrs notice. No fees will be charged if a project is rescheduled for another agreed upon date, within 12 months of the original commencement date. Re-scheduling of dates may be allowed up to two times, after which time the deposit will be forfeit and Clements + Co. Studio will have no further obligation to provide the creative service/s.
4. WORKING WITH CLEMENTS + CO. STUDIO
– Clements + Co. Studio is a collaborative creative studio, which means that participation and compliance by the client is of the utmost importance when drafting, creating, designing, executing, and signing off on creative projects. This includes completing questionnaires and providing all necessary information to Clements + Co. Studio to be able to complete the work.
– Clements + Co. Studio respects their fellow humans; we ask you do the same when working with all of our team members. – Clements + Co. Studio has a zero-tolerance policy for abusive behaviour towards Clements + Co. Studio and its associated employees, contractors and/or freelancers.
– Clements + Co. Studio endeavour to keep a clients’ personal and sensitive information private, however we may use third party software to complete the requested works. We also hire and work with contractors and freelancers depending on the creative project, with the understanding that they also keep a client’s personal and sensitive information private. If at any time a client has concerns around the privacy of information or the details surrounding an upcoming project, it is asked that the client communicate this to the studio as soon as possible.
– It is the client’s responsibility to ensure that they abide by proper and correct copyright usage when using assets created by other artists (who are not associated with Clements + Co. Studio). Assets may include, but are not limited to photography, graphics, films and music. Clements + Co. Studio accepts all assets from the client as true and correct and will not be held liable for copyright infringements made by the client.
5. COMPLETION SCHEDULE
– Depending on the creative service provided, completion times will vary. An approximation of how long a project will take will be provided to the client in a Project Brief or Quote, which is provided at the time of commencing a project. If it is predicted to take longer, open and honest communication will always take place and the client will be kept informed. Clements + Co. Studio will not be held responsible for projects that take longer than expected, due to information not provided to Clements + Co. Studio prior to commencing.
6. COMPLETED WORKS
– The completed works of a project are a collaborative effort between the client and Clements + Co Studio and as such, both parties must work in good faith to resolve any disputes that may arise. The client will be kept informed throughout the development of a project or any issues that may arise. The client is expected to provide necessary feedback and suggestions to reach an outcome that is satisfactory to the client and within the agreed upon project parameters. Therefore, final projects are accepted by the client as final and correct.
– Should the client wish to change the direction of the project or make adjustments beyond the scope of the original work, any further costs will be notified to the client, adjusted and invoiced accordingly.
7. COPYRIGHT OF WORKS
– Any unfinished, undelivered or conceptual designs and artwork belong to Clements + Co. Studio. Copyright of the final creative works are transferred to the client, upon final payment and delivery of the creative work.
– Clements + Co. Studio reserves the right to share finished projects on its marketing channels including website and social media for marketing and portfolio use. If privacy of a project is of concern to the client, we please ask that the client communicates this with the studio in writing, before commencing the work.
8. PAYMENT/ADDITIONAL COSTS
– We reserve the right to charge for additional work not revealed at the beginning of a project, or if a project goes beyond the original scope of the work. This includes (but is not limited to) a client changing their mind about the direction of a project and for travel to locations of distances more than 80km outside the Perth CBD.
– Payment may be made in cash or deposited into the following bank account:
BENDIGO BANK (Swift Code – BENDAU3B)
Clements and Co Family Trust
BSB: 633 000
AC No. 168 097 087
Proof of payment to be provided on request. No cheques accepted. Payments are made in Australian Dollars. PayPal option available, (fees apply).
9. TERM
Clements + Co. Studio reserves the right to discard completed and non-completed works, 12 months after final delivery to the client. Clements + Co. Studio strongly encourages the client to back up, save and store any works provided by Clements + Co. Studio.
10. RIGHT OF WITHDRAWAL
Clements + Co. Studio’s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Clements + Co. Studio initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In the case of withdrawal, $80.00 an hour is charged for all services already provided and $80.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
11. LIMIT OF LIABILITY
– In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to reschedule a pre-arranged photoshoot. If such a situation should occur and a suitable replacement is not found by Clements + Co. Studio, responsibility and liability are limited to the return of all payments received for the project.
– In regards to photoshoots and films, Clements + Co. Studio takes the utmost care with respect to exposure, transportation and processing of raw images, including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of photographs or film footage being lost, stolen or destroyed for reasons within or beyond Clements + Co. Studio control, the latter’s liability is limited to the return of all payments received for the project. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
12. LIABILITY CAP
Under no circumstances will Clements + Co. Studio’s liability under this Agreement for any Loss or Claim exceed the amount of fees paid by the Client.
13. PERFORMANCE
The performance of this agreement on behalf of Clements + Co. Studio shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
14. SEVER-ABILITY
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
15. AMENDMENTS
Agreements are freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the client and Clements + Co. Studio at the time of acceptance of any agreement shall be recognised as amendments to an agreement.
[ Last edited on the 18th June 2022. ]
