MARINA MARA – EDITORIAL PHOTOSHOOT TERMS & CONDITIONS OF SERVICE

  1. LEGAL AGREEMENT: Once You have completed, signed and returned the Booking Sheet and this is accepted in writing by MARINA MARA, this will form a binding legal Agreement between You and MARINA MARA for the provision of the Services and the payment of the Fees and any Third-Party Fees.
  2. DEFINITIONS: In this Agreement, the following terms have these meanings:Agreement means these terms and conditions, to be taken together with the Invitation and the completed and signed Booking Sheet;Assets means the specific number and type of photo and/or video files to be provided to you as part of the Deliverables;Booking Sheet means the “Secure Your Booking” page attached to this Agreement that you must complete and sign to confirm your chosen Services and Assets to be provided by MARINA MARA along with the associated Fees to be paid by You;Client (or You/Your) means those person/s or entity/ies as outlined in the Booking Sheet;

    Deliverables means the items outlined in the “Choose Your Suite” page of the Invitation to be provided to You in accordance with this Agreement, which includes the Assets;

    Deposit means the amount of 50% of the total Fees;

    Fees means the total amount payable by You to MARINA MARA for the Services, as outlined in the Invitation and/or the Booking Sheet, but not including the Third-Party Fees;

    Invitation means the document attached to these terms and conditions containing Your invitation to request certain Services from MARINA MARA in consideration for Your payment of the Fees;

    Location means the agreed location of your photoshoot and/or filming, that will be confirmed in writing by MARINA MARA only upon an Agreement being formed and your Deposit having been paid by You;

    MARINA MARA means Marina Mara Pty Ltd ACN 623 747 839 as Trustee for Marina Mara Family Trust (ABN 32 698 443 281) of 1 Crossley Street, Plympton SA 5038, Australia trading as MARINA MARA;

    Parties means both MARINA MARA and the Client;

    Payment Terms means the terms of payment by You of the Fees and Third-Party Fees, as outlined in clause 8

    Photographer means the person/s outlined in the Booking Sheet as the photographer and/or videographer to be engaged by MARINA MARA to assist with providing the Services;

    Services means the Editorial Photography Suite and/or Editorial Brand Reels & Loops Suite (including any option/s, where chosen), each of which containing the Deliverables as specifically outlined in the Invitation and agreed by You in the Booking Sheet;

    Shoot means the agreed date and timeframe of your photoshoot and/or filming, that will only be confirmed by MARINA MARA upon an Agreement being formed and your Deposit having been paid by You;

    Stylist means the person/s outlined in the Booking Sheet as the stylist to be engaged by You to assist with your personal styling for the Shoot (should you choose the styling consultation option in the Booking Sheet); and

    Third-Party Fees means any fees payable by You to any other parties for Your Shoot or associated with the provision of the Services, including but not limited to, any Location fees or Stylist fees.

  3. PROVISION OF SERVICES: MARINA MARA will provide the Services and Deliverables to You based on Your chosen option/s in the Agreement. Artistic direction relating to the provision of the Services is solely the decision of MARINA MARA, although efforts will be made to comply with the Client’s reasonable requests.
  4. ADDITIONAL SERVICES: Any additional services requested by You that are outside the defined scope of Services in the Agreement will be treated as a separate request for services and if agreed by MARINA MARA, will be quoted and charged separately.
  5. STYLIST CONSULTATION & SERVICES: Should you nominate in the Booking Sheet to request a Stylist consultation, this information will be passed to the Stylist and the consultation will be arranged directly between the Stylist and You. Any Stylist services you choose to request after the initial consultation (if any) and any associated Stylist fees for those services are to be discussed and agreed directly between You and the Stylist. MARINA MARA takes no responsibility for the provision or quality of any of the Stylist services and You unconditionally indemnify MARINA MARA against all claims of any nature by any party in relation to any Stylist services.
  6. SHOOT & LOCATION: Your Shoot and Location will only be confirmed and agreed by MARINA MARA upon an Agreement being formed and after You have paid the Deposit. Any changes to the Shoot and/or Location will only be made in the sole discretion of MARINA MARA.
  7. SHOOT OBLIGATIONS: You must attend the Shoot on time and ready to be photographed and/or filmed (as the case may be). The Shoot will not be extended in time due to Your late attendance or for any other reason, unless specifically agreed by MARINA MARA in her sole discretion. MARINA MARA reserves the right to cancel the Shoot at any time in her sole discretion should You act in any manner that she considers to be disrespectful, inappropriate, illegal and/or unprofessional in any way.
  8. FEES: You must pay the Fees to MARINA MARA for the provision of the Services and any Third-Party Fees (as required), strictly in accordance with the Payment Terms. The Fees and Third-Party Fees are non-refundable should you not attend the Shoot for any reason, unless specifically agreed in writing by MARINA MARA in her sole discretion.
  9. PAYMENT TERMS: The following payment terms are essential conditions of this Agreement:(a) You must pay a Deposit of 50% of the total Fees within 3 business days of the Agreement to secure your Shoot and Location. This Deposit is non-refundable upon the Shoot and Location being confirmed in writing by MARINA MARA; and(b) You must pay the Third-Party Fees on demand, either directly to the relevant third-party OR directly to MARINA MARA should those fees be paid on your behalf and a receipt for payment provided to you; and(c) You must pay the remaining payment of 50% of the total Fees and full payment of any other Third-Party Fees (if relevant) at least 7 days prior to your Shoot. Your Shoot may be cancelled if full payment of all monies is not made by this date.
  10. FAILURE TO PERFORM: If MARINA MARA cannot perform this Agreement due to any reason, then MARINA MARA shall either (in her sole discretion) return any Fees and Third-Party Fees previously paid by You or reschedule a future Shoot at a date agreed by You. The Parties agree that no further liability exists with respect to the Agreement.
  11. ACCEPTANCE OF ASSETS: MARINA MARA will produce the Assets to a high professional standard and You will be deemed to have accepted the Assets when provided by MARINA MARA, with no exceptions. Any personal views or differences in opinion pertaining to your physical representation (or other matters) in any of the Assets will not be considered and will not affect Your acceptance of the Assets under any circumstances.
  12. ASSET OWNERSHIP: Provided full payment of the Fees and Third-Party Fees has been made and provided you are not in breach of this Agreement, full legal ownership of the Assets (including copyright) is immediately transferred to You upon delivery of the Assets.
  13. INTELLECTUAL PROPERTY: MARINA MARA retains all intellectual property rights in the MARINA MARA brand and nothing in this Agreement shall be taken to grant or license any rights to You in respect of these rights. 
  14. USE: Provided You do not alter or edit the Assets in any way and You provide the necessary Acknowledgements as outlined below, You may use the Assets in any way You determine (in Your sole discretion).
  15. ACKNOWLEDGEMENTS: Where reasonably possible, You should acknowledge MARINA MARA, the Photographer and Stylist (if applicable) whenever you use any of the Assets in any way. Should You use any Assets on social media, you must always tag the social media profiles of MARINA MARA (@hellomarinamara) as art director, along with the Photographer and the Stylist (if applicable).
  16. MARKETING LICENSE: You unconditionally and irrevocably license MARINA MARA to use any Asset covered by this Agreement in any form of marketing or advertising in her sole discretion, including use online and on social media platforms, along with all forms of offline or print medium.
  17. DISPUTES: Any dispute in relation to this Agreement must be resolved by negotiation and in a good faith manner between MARINA MARA and You.

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