Photography & Videography Terms & Conditions

The person, company or organisation engaging Akshar Photography is referred to as the Client.

These Terms should be read with:

• the quotation;
• Client Booking Agreement;
• Copyright & Licensing Policy;
• Privacy Policy;
• Drone Operations & CASA Flight Safety Policy where applicable; and
• Commercial, Corporate & Real-Estate Photography Terms where applicable.

1. Services

Services may include:

• photography;
• videography;
• weddings;
• events;
• portraits;
• corporate photography;
• commercial photography;
• real-estate photography;
• architectural photography;
• product photography;
• aerial photography;
• drone videography;
• editing;
• colour grading;
• video production;
• albums;
• prints; and
• related creative services.

The exact booking scope is stated in the applicable quotation and Client Booking Agreement.

2. Contract Formation

A booking becomes binding when the Client accepts the quotation/booking agreement in the manner specified.

Acceptance may occur through:

• signature;
• electronic acceptance;
• written confirmation;
• acceptance through the external booking system; and/or
• payment of a required booking fee.

A project-specific written term prevails over these general Terms to the extent of any inconsistency.

3. Booking Fee

A booking fee may be required. It forms part of the project price.

If a Client cancels, FreshDynamics Pty Ltd may retain an amount reasonably reflecting:

• work already performed;
• administration;
• project preparation;
• non-refundable costs;
• supplier commitments;
• personnel commitments; and
• loss reasonably resulting from reservation of the booking.

Nothing removes rights available under Australian law.

4. Payment

Payment dates appear in the quotation or booking agreement.

Final high-resolution deliverables may reasonably be withheld while undisputed amounts remain overdue.

5. Cancellation

Cancellation must be provided in writing.

Reasonable cancellation costs may reflect:

• services performed;
• costs incurred;
• supplier commitments;
• personnel commitments;
• reserved capacity; and
• reasonably incurred losses.

Akshar Photography will take reasonable steps to mitigate avoidable loss.

6. Rescheduling

Rescheduling is subject to:

• availability;
• venue access;
• personnel;
• suppliers;
• permits;
• travel arrangements; and
• other existing commitments.

Material additional costs caused by rescheduling may be charged following reasonable consultation.

7. Akshar Photography Unavailability

Where serious illness, emergency or other circumstances outside reasonable control prevent performance, Akshar Photography may reasonably consider:

• replacement personnel;
• rescheduling;
• alternative performance; or
• refund for services that cannot be supplied.

8. Weather

Unsafe or unsuitable conditions may require:

• changing location;
• changing timing;
• postponing;
• modifying;
• substituting ground coverage for aerial coverage; or
• rescheduling.

Safety takes priority.

9. Drone Operations

Drone operations remain subject to:

• Australian aviation law;
• CASA requirements;
• airspace;
• airports;
• emergency activity;
• weather;
• people;
• property access;
• operating approvals; and
• the remote pilot's safety judgment.

Booking drone coverage does not guarantee that a particular aerial shot can lawfully or safely be obtained.

10. Client Responsibilities

The Client must provide accurate information regarding:

• dates;
• times;
• venues;
• locations;
• access;
• contacts;
• important shots;
• cultural requirements;
• religious requirements;
• property restrictions;
• venue restrictions; and
• known safety issues.

11. Site Access

Unless otherwise agreed, the Client is responsible for obtaining ordinary venue/property access permission. Aviation permissions relating specifically to drone operation remain the operator's responsibility.

12. Additional Permits and Costs

Commercial filming permits, national-park permits, council permissions, venue charges and other location fees are excluded unless specifically included.

13. Delays

Delays outside Akshar Photography's reasonable control do not automatically extend booked coverage. Additional time may be charged if requested and available.

14. Artistic Style

The Client acknowledges Akshar Photography's portfolio and general style.

Subject to agreed requirements, reasonable professional discretion applies to:

• composition;
• framing;
• lenses;
• lighting;
• colour;
• image selection;
• cropping;
• retouching;
• sequencing;
• sound;
• video pacing; and
• final presentation.

15. Shot Lists

Akshar Photography will use reasonable efforts to capture specifically requested important images but cannot guarantee every image or moment.

16. Editing

Standard editing may include:

• selection;
• exposure;
• white balance;
• colour correction;
• grading;
• cropping;
• contrast;
• reasonable skin correction;
• audio balancing; and
• general enhancement.

Advanced work may be charged separately.

17. Revisions

Included revisions will be stated in the quotation. A revision does not ordinarily include:

• a new concept;
• reshooting;
• substantial scope change;
• additional deliverables; or
• rebuilding an approved production.

18. RAW Files

RAW photographs, camera originals, unedited video, unused footage, rejected files, proxy media and project files are excluded unless expressly agreed.

19. Delivery

Delivery timeframes are estimates unless specifically guaranteed. Akshar Photography will comply with applicable legal obligations and use reasonable efforts to meet stated timeframes.

20. Galleries

Clients must download final material before any stated gallery expiry date. Online galleries are not permanent archival services.

21. Archiving

Clients are responsible for maintaining their own backups following final delivery.

22. Copyright

Copyright is governed by the Copyright & Licensing Policy.

Except where expressly assigned, copyright will be owned by FreshDynamics Pty Ltd trading as Akshar Photography, or the relevant creator where applicable, subject to any assignment/licence arrangements between the creator and FreshDynamics Pty Ltd.

For commissioned photographs made for private or domestic purposes, the parties expressly agree to modify any default copyright position that would otherwise apply so copyright remains as specified in the agreement.

23. Personal Licence

Private clients receive the personal licence described in the Copyright & Licensing Policy after full payment.

24. Commercial Licence

Commercial use is governed by:

• the quotation;
• Commercial, Corporate & Real-Estate Photography Terms; and
• Copyright & Licensing Policy.

25. Portfolio Use

Public promotional use of identifiable private-client material will be governed by separate consent and/or Model/Media Release arrangements.

26. Third-Party Materials

Licensed third-party material remains subject to the relevant third-party licence.

27. Client-Supplied Material

Clients must ensure they have permission to provide material supplied for incorporation into a project.

28. Safety

Akshar Photography may reasonably stop or modify work where conditions create genuine safety risks.

29. Equipment Failure

Professional equipment and reasonable precautions will be used. Where an unforeseen technical failure materially affects delivery, an appropriate remedy will be considered having regard to the circumstances and Australian law.

30. Events Outside Reasonable Control

Where genuine circumstances outside reasonable control materially prevent performance, the parties will consider appropriate solutions such as:

• rescheduling;
• alternative performance;
• partial delivery;
• credits; or
• refunds for unperformed services.

31. Conduct

Clients must provide a reasonably safe working environment. Serious harassment, threats, violence or deliberate equipment interference may result in suspension of services.

32. Subcontractors

Akshar Photography may engage suitably experienced:

• photographers;
• videographers;
• drone pilots;
• editors;
• assistants; and
• production professionals.

33. Insurance

FreshDynamics Pty Ltd will maintain insurance appropriate to its operations where required.

34. Australian Consumer Law

Nothing in these Terms excludes a right or consumer guarantee that cannot lawfully be excluded.

35. Liability

Nothing excludes liability where exclusion would be unlawful. To the extent permitted by law, Akshar Photography is not responsible for loss caused solely by:

• inaccurate Client information;
• circumstances outside reasonable control;
• unauthorised use;
• third-party changes; or
• Client actions.

36. Privacy

Personal information is managed under the Privacy Policy.

37. Complaints

Clients should promptly raise legitimate concerns so they can reasonably be investigated.

38. Disputes

The parties should attempt good-faith discussion before commencing proceedings where reasonably practicable.

39. Severability

An invalid provision may be read down or severed without invalidating the remainder where legally possible.

40. Governing Law

The applicable State/Territory law identified in the booking agreement applies, subject to mandatory Australian law.

41. Contact