Alright, grab a cuppa, here's the nitty-gritty – our Terms & Conditions. We know, we know, it sounds like something you'd use to cure insomnia, but this stuff is important for both of us. We've tried to make it as painless as possible.
The Keys to Our Collaboration (Our Quick T&Cs Guide)
At Hemisphere Art, we're all about capturing stunning car photos and making sure everything's smooth and clear between us. These T&Cs to the right are our way of doing just that – protecting you and us.
1. The Basics: Aussie Law & Your Rights
We play by the rules, especially Australian Consumer Law (ACL), Privacy Act, and Copyright Act.
ACL (Your Consumer Rights):Top Quality: Expect pro skills and care from us.
Fit For Purpose: Photos will match what you asked for (e.g., sales brochure, Insta-worthy shots).
On Time: We’ll deliver as agreed, or within a reasonable time.
Fairness First: Our terms are fair. No nasty surprises or tricky clauses. If something major goes wrong with our service, you have rights to a remedy.
Privacy (Your Info is Safe):We only collect personal info we need (name, contact, sometimes photos of people).
Our Privacy Policy (easy to find on our site) explains it all: what we collect, why, how we keep it safe, and your rights.
Photos of identifiable people are personal info – we handle this respectfully and with necessary consents (like model releases).
Copyright (Our Art, Your Use):Hemisphere Art owns the copyright to the photos we create. This is standard for commercial photography in Australia.
You get a licence from us – this is your permission slip detailing how, where, and for how long you can use your awesome photos.
2. Cruising Our Website (Website Terms)
When you use the Hemisphere Art website:
You Agree: By Browse, you accept these terms and our Privacy Policy.
Look, Don't Steal: Enjoy our portfolio, but please don't copy or misuse our images or content. It's our hard work!
Info is General: Our blog posts are for interest, not iron-clad advice.
External Links: We're not responsible for content on sites we link to.
3. Your Hemisphere Art Photoshoot (Service Terms & Conditions – The Big One!)
This is for when you commission us for a shoot. We'll have a detailed agreement, but here are the highlights:
The Plan (Scope & Deliverables): We'll clearly agree on what we're shooting, how many images you'll get, the format, and when. No guesswork!
Locking it In (Bookings & Payment):A deposit (usually non-refundable if you cancel without good reason) secures your date.
We'll outline total costs, payment schedules, and accepted methods.
Changes & Cancellations:Life happens! Our policy will fairly cover what happens if you or we need to cancel or reschedule.
Refunds are handled according to the ACL – if there's a major issue with our service, we'll make it right.
Your Role (Client Cooperation):Provide clear briefs and ensure cars are ready and accessible.
Crucially, you're usually responsible for any location permits needed (we’ll discuss this!).
IMAGE LICENCE (Super Important!):You get a licence to use the photos. This spells out:
How: Personal use, website, social media, print ads?
How Long: For a specific time or ongoing?
Where: Australia-wide, global?
Exclusivity: Usually "non-exclusive" (we can use them in our portfolio too). Exclusive rights cost more.
No-Gos: Usually no re-selling or major alterations without asking.
Our Portfolio: We reserve the right to use the images for Hemisphere Art's own promotion (our website, awards, etc.).
Safety & Liability:We're insured (Public Liability, Professional Indemnity).
Our liability is limited (as much as the law fairly allows), but we always stand by the ACL consumer guarantees.
Disagreements: Let's talk first! We prefer friendly solutions.
4. Our Privacy Policy (A Quick Reminder)
It's always available on our website and details how we protect your personal information. Trust and transparency are key for us.
5. Making it Stick & Our Strong Advice
Clear Agreement: We ensure you clearly accept any terms before we start, especially for photography services (often via a signed agreement).
Our Pro Tip for Hemisphere Art (and you!): This is a user-friendly guide. Our full T&Cs have more detail. For your own peace of mind on major projects, or if you have specific legal questions, consulting your own lawyer is always a smart move. We recommend Hemisphere Art always has its full T&Cs reviewed by an Australian lawyer.
Thanks for choosing Hemisphere Art! We’re excited to create something incredible with you.
Hemisphere Art Terms and Conditions
Hemisphere Art Terms and Conditions
Date of Last Revision: 07/05/2025
Preamble: These Terms and Conditions ("Terms") constitute a legally binding agreement between Hemisphere Art [Insert ABN/ACN if applicable, and full business name] ("Hemisphere Art," "We," "Us," "Our") and any person or entity who accesses Our website located at [Insert Website Address] ("Website") or engages Our photography services ("Client," "User," "You," "Your").
By accessing the Website, or by commissioning or otherwise engaging the photography services of Hemisphere Art, You acknowledge that You have read, understood, and irrevocably agree to be bound by these Terms and Our Privacy Policy, which is incorporated herein by reference. If You do not agree with any part of these Terms, You must refrain from using the Website and Our services.
I. Definitions
"ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Agreement" means the legally binding contract between You and Hemisphere Art, comprising these Terms, the Photography Service Agreement (if applicable), and the Privacy Policy.
"Client" means any person or entity commissioning photography services from Hemisphere Art.
"Deliverables" means the final photographic works provided by Hemisphere Art to the Client as specified in the Photography Service Agreement.
"Fees" means all fees and charges payable by the Client to Hemisphere Art for the provision of Services, as outlined in the Photography Service Agreement or Our current price list.
"Intellectual Property Rights" includes all copyright, moral rights, trade marks, design rights, and other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.
"Personal Information" has the meaning given to it in the Privacy Act 1988 (Cth).
"Photography Service Agreement" means any separate written agreement, quotation, or proposal provided by Hemisphere Art and accepted by the Client for the provision of specific photography Services, which shall incorporate these Terms.
"Privacy Policy" means Hemisphere Art's Privacy Policy as published on the Website and updated from time to time.
"Services" means the car photography services provided by Hemisphere Art, and access to and use of the Website.
"User" means any person who accesses or uses the Website.
"Website" means the website operated by Hemisphere Art located at [Insert Website Address].
II. Foundational Australian Legal Obligations
Hemisphere Art conducts its operations in compliance with applicable Australian laws, including but not limited to the ACL, the Privacy Act 1988 (Cth), and the Copyright Act 1968 (Cth).
**A. Australian Consumer Law (ACL)**
1. The Services provided by Hemisphere Art to consumers come with non-excludable consumer guarantees under the ACL, including that services will be rendered with due care and skill, will be fit for any specified purpose made known by the Client, and will be supplied within a reasonable time if no time is specified.
2. Hemisphere Art is committed to fair and transparent dealings and will not engage in misleading or deceptive conduct. Remedies available to Clients for breaches of consumer guarantees will be provided in accordance with the ACL.
3. These Terms shall not be construed as excluding, restricting, or modifying any rights or remedies under the ACL that cannot be lawfully excluded, restricted, or modified.
4. Hemisphere Art will ensure that terms in any 'standard form contract' (as defined in the ACL) offered to consumers or small businesses are not 'unfair' as defined in the ACL.
**B. Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs)**
1. Hemisphere Art collects, uses, holds, and discloses Personal Information in accordance with Our Privacy Policy and the requirements of the Privacy Act 1988 (Cth) and the APPs.
2. The Privacy Policy details the types of Personal Information collected, the purposes of collection, methods of collection and storage, security measures, and procedures for access, correction, and complaints. You agree to the terms of Our Privacy Policy by using Our Website or Services.
3. Where photographs taken by Hemisphere Art contain images of identifiable individuals, such photographs may constitute Personal Information and will be handled in accordance with the Privacy Act and any specific consents obtained (e.g., model releases).
**C. Copyright Act 1968 (Cth)**
1. Pursuant to the *Copyright Act 1968 (Cth)*, Hemisphere Art is the first owner of copyright in all photographic works created by Hemisphere Art in the course of providing commercial photography Services, unless expressly agreed otherwise in writing and signed by an authorised representative of Hemisphere Art.
2. The Client is granted a licence to use the Deliverables subject to the terms and conditions specified in Section V (Intellectual Property Rights and Licensing) of these Terms and in any applicable Photography Service Agreement.
3. Hemisphere Art reserves all moral rights in respect of the photographic works created, in accordance with the *Copyright Act 1968 (Cth)*.
III. Website Terms of Use
A. **Acceptance:** Access to and use of the Website is conditional upon Your acceptance of and compliance with these Terms.
B. **Permitted Use:** You may use the Website for lawful purposes only, including Browse Our portfolio, obtaining information about Our Services, and making legitimate enquiries.
C. **Prohibited Conduct:** You must not:
i. Copy, reproduce, modify, distribute, transmit, display, or otherwise exploit any content on the Website (including text, graphics, logos, and photographic images) without Our prior written consent;
ii. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us;
iii. Use the Website in any way that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity;
iv. Attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Hemisphere Art server.
D. **Intellectual Property (Website Content):** All content on the Website is the property of Hemisphere Art or its licensors and is protected by Australian and international copyright and intellectual property laws.
E. **Disclaimers:**
i. The content on the Website is provided for general information purposes only. While We endeavor to keep the information up to date and correct, We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose.
ii. The Website may contain links to third-party websites. Such links are provided for convenience only and do not signify Our endorsement of such websites. We are not responsible for the content, privacy practices, or security of any third-party websites.
iii. Hemisphere Art does not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.
F. **Limitation of Liability (Website Use):** To the fullest extent permitted by law, Hemisphere Art excludes all liability for any loss or damage (including, without limitation, indirect or consequential loss or damage) arising out of or in connection with Your use of, or inability to use, the Website or its content. This limitation does not affect any liability which cannot be excluded or limited under applicable law, including the ACL.
G. **Privacy:** Use of the Website is also governed by Our Privacy Policy, which is incorporated into these Terms by this reference.
H. **Governing Law (Website Use):** These Website Terms of Use shall be governed by and construed in accordance with the laws of [Insert State, e.g., Victoria], Australia, and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of [Insert State, e.g., Victoria] and the federal courts of Australia.
IV. Photography Service Terms and Conditions
These terms apply specifically to the commissioning and provision of photography Services by Hemisphere Art. They supplement the general Terms and will be incorporated into any Photography Service Agreement.
A. **Scope of Services and Deliverables:**
i. The specific scope of photography Services, including but not limited to shoot duration, location(s), number and type of vehicles, specific shot requirements, number of final edited images, image format, resolution, and delivery method ("Deliverables") shall be detailed in a Photography Service Agreement or other written proposal provided by Hemisphere Art and agreed to by the Client.
ii. RAW files are not considered Deliverables and will not be provided unless specifically agreed in writing and subject to additional fees.
iii. Timelines for the photoshoot, post-production, and delivery of Deliverables shall be as agreed in the Photography Service Agreement. If no specific delivery date is set, Services will be completed within a reasonable time as mandated by the ACL.
B. **Booking Confirmation and Payment:**
i. Bookings are confirmed upon receipt of a signed Photography Service Agreement (incorporating these Terms) and payment of the specified non-refundable deposit/retainer ("Deposit").
ii. Fees for Services shall be as per Hemisphere Art’s current price list or as itemised in the Photography Service Agreement. All Fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.
iii. The Deposit is non-refundable, except where Hemisphere Art cancels the booking or as otherwise required by law (e.g., under the ACL for a major failure). The Deposit secures the date and time of the Services and compensates Hemisphere Art for loss of opportunity should the Client cancel.
iv. The balance of the Fees is payable on or before the date specified in the Photography Service Agreement, often prior to the photoshoot or prior to delivery of the final Deliverables.
v. Accepted payment methods will be specified by Hemisphere Art. Any credit card surcharges will be disclosed if applicable and permitted.
vi. Late payments may attract interest at a rate specified by Hemisphere Art, not exceeding reasonable pre-estimates of loss. Hemisphere Art reserves the right to withhold Deliverables until full payment, including any accrued interest, is received.
vii. Any additional expenses (e.g., significant travel beyond a specified radius, accommodation, location permit fees, specific prop hire) not included in the standard Fee will be itemised and are payable by the Client.
C. **Cancellation, Rescheduling, and Refunds:**
i. **Client Cancellation:** If the Client cancels a confirmed booking, the Deposit will be forfeited. Further cancellation fees may apply depending on the notice period provided, as specified in the Photography Service Agreement. Such fees must be a genuine pre-estimate of Hemisphere Art's loss.
ii. **Hemisphere Art Cancellation:** In the unlikely event Hemisphere Art must cancel a booking (e.g., due to illness, emergency), all monies paid by the Client (including the Deposit) will be refunded in full. Hemisphere Art may, at its discretion and without obligation, attempt to assist the Client in finding a replacement photographer.
iii. **Rescheduling:** Requests for rescheduling by the Client are subject to Hemisphere Art's availability and must be made with the notice period specified in the Photography Service Agreement. Rescheduling fees may apply.
iv. **Refunds:** Refunds are not provided for change of mind. In the event of any alleged failure in service quality, the Client must notify Hemisphere Art in writing within [e.g., 7 days] of receiving the Deliverables. Remedies for any substantiated failure to meet ACL consumer guarantees (such as a major failure) will be provided in accordance with the ACL and may include re-editing, a re-shoot, or a partial or full refund, as appropriate.
D. **Client Cooperation and Responsibilities:**
i. The Client shall provide Hemisphere Art with all necessary information, briefs, and approvals in a timely manner.
ii. The Client is responsible for ensuring timely access to agreed shoot location(s) and ensuring that vehicle(s) are clean, prepared, and available as agreed for the photoshoot.
iii. The Client is responsible for identifying, obtaining, and paying for all necessary permits, permissions, or licences required for photography at any nominated location(s) (e.g., private property, council land, national parks, racetracks), unless otherwise agreed in writing. Hemisphere Art accepts no liability for delays or prevention of photography due to the Client's failure to secure such permits.
E. **Model and Property Releases:**
i. Where Services involve photographing identifiable individuals (including the Client, Client’s employees, or hired models) or recognisable private property (where such property is a distinct element of the image beyond the primary subject vehicle), the Client acknowledges that signed model releases and/or property releases may be required for certain uses of the Deliverables, particularly commercial uses.
ii. The responsibility for obtaining and bearing any costs associated with such releases from persons or property under the Client's control rests with the Client, unless Hemisphere Art is engaged to procure models, in which case Hemisphere Art will secure releases from those models it directly engages.
F. **Insurance:**
Hemisphere Art maintains Public Liability insurance and may maintain Professional Indemnity insurance. Certificates of currency can be provided upon reasonable request for legitimate purposes related to a confirmed booking.
G. **Force Majeure:**
Neither party shall be liable for any failure to perform or delay in performance of its obligations under this Agreement if such failure or delay is due to a Force Majeure Event. A Force Majeure Event means any event beyond the reasonable control of a party, including but not limited to acts of God, war, terrorism, pandemic, government restrictions, strikes, or natural disasters. The affected party must notify the other party promptly and use reasonable endeavours to mitigate the effects of the Force Majeure Event. If a Force Majeure Event continues for more than [e.g., 30 days], either party may terminate the Agreement.
V. Intellectual Property Rights and Licensing (Services)
A. **Copyright Ownership:** Hemisphere Art retains all right, title, and interest, including all Intellectual Property Rights (including copyright), in and to all photographic works and Deliverables created by Hemisphere Art in the course of providing the Services, both in Australia and internationally.
B. **Grant of Licence:** Upon full payment of all Fees, Hemisphere Art grants the Client a licence to use the Deliverables. The specific terms of this licence (e.g., scope of use, exclusivity, duration, territory) shall be detailed in the Photography Service Agreement. In the absence of such specific terms, the Client is granted a non-exclusive, non-transferable licence for [Specify default usage, e.g., the Client’s personal, non-commercial use, or internal business use only, or use on Client’s business website and social media channels for X years].
C. **Licence Restrictions:** Unless expressly permitted in the Photography Service Agreement, the Client shall not:
i. Sell, sub-license, re-license, rent, lease, or otherwise transfer or distribute the Deliverables or any rights therein to any third party;
ii. Alter, edit, or manipulate the Deliverables beyond basic cropping or resizing, without the prior written consent of Hemisphere Art (this is without prejudice to Hemisphere Art's moral rights);
iii. Use the Deliverables in any way that is defamatory, illegal, or harms the reputation of Hemisphere Art.
D. **Attribution (Moral Rights):** Hemisphere Art asserts its moral right to be identified as the author of the photographic works. The Client agrees to provide attribution to Hemisphere Art in a reasonable manner (e.g., "Photography by Hemisphere Art" or tagging Hemisphere Art's official social media account) when the Deliverables are published, as specified in the Photography Service Agreement or as otherwise reasonably requested.
E. **Photographer's Use:** Hemisphere Art reserves the right to use the Deliverables for its own promotional and marketing purposes, including but not limited to use in its portfolio (online and print), website galleries, social media, studio display, and entry into photographic competitions, unless otherwise agreed in writing with the Client (which may be subject to privacy considerations and model releases).
VI. Limitation of Liability and Indemnity (Services)
A. **Limitation of Liability:** To the fullest extent permitted by law (including the ACL), Hemisphere Art's total aggregate liability to the Client for any claim, loss, or damage arising out of or in connection with this Agreement or the Services (whether in contract, tort including negligence, statute, or otherwise) is limited to the total Fees paid by the Client to Hemisphere Art for the specific Services giving rise to the claim.
B. Hemisphere Art is not liable for any indirect, consequential, special, or punitive damages, or for any loss of profit, loss of business, loss of data, or loss of goodwill.
C. While Hemisphere Art takes all reasonable care in the handling and storage of digital files, in the event of loss or damage to such files before final delivery of Deliverables (e.g., due to equipment malfunction or unforeseen accident), Hemisphere Art's liability shall be limited to either re-shooting the relevant portion of the Services at no additional Fee or providing a refund or partial refund of Fees paid, at Hemisphere Art's discretion, commensurate with the loss.
D. This limitation of liability does not apply to any liability which cannot be lawfully excluded or limited, including liability for death or personal injury caused by Our negligence, or for fraud, or for any breach of non-excludable consumer guarantees under the ACL.
E. **Indemnity:** The Client agrees to indemnify and hold harmless Hemisphere Art, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:
i. The Client's breach of any term of this Agreement;
ii. The Client's failure to secure necessary permits, permissions, or releases for which they are responsible;
iii. Any claim by a third party relating to the Client's use of the Deliverables in a manner not authorised by the licence granted herein or otherwise in breach of this Agreement.
VII. Privacy Policy
Hemisphere Art is committed to protecting Your privacy. Our collection, use, disclosure, storage, and security of Your Personal Information is governed by Our Privacy Policy, which is available on Our Website at [Link to Privacy Policy] and forms part of these Terms.
VIII. Dispute Resolution
A. In the event of any dispute arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute in good faith through direct negotiation.
B. If the dispute cannot be resolved through negotiation within [e.g., 14 days], either party may refer the dispute to mediation administered by a mediator agreed upon by the parties, or, failing agreement, a mediator appointed by the President of the [e.g., Law Institute of Victoria or relevant state body]. The costs of mediation shall be borne equally by the parties unless otherwise agreed.
C. This clause does not prevent a party from seeking urgent interlocutory relief from a court of competent jurisdiction.
IX. Termination
A. Hemisphere Art may terminate this Agreement or suspend Services immediately by written notice if the Client breaches any material term of this Agreement and fails to remedy such breach within [e.g., 7 days] of written notice, or if the Client becomes insolvent or bankrupt.
B. The Client may terminate this Agreement subject to the cancellation provisions outlined in Section IV.C.
C. Termination of this Agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination (including but not limited to provisions regarding Intellectual Property, Limitation of Liability, Indemnity, and Confidentiality).
X. General Provisions
A. **Governing Law and Jurisdiction (Services):** This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Insert State, e.g., Victoria], Australia, and the Commonwealth of Australia. Each party irrevocably agrees that the courts of [Insert State, e.g., Victoria] and the federal courts of Australia shall have exclusive jurisdiction to settle any dispute or claim.
B. **Entire Agreement:** These Terms, together with the Privacy Policy and any applicable Photography Service Agreement, constitute the entire agreement between Hemisphere Art and You concerning the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.
C. **Amendments:** Hemisphere Art reserves the right to amend these Terms at any time. Any amendments will be effective immediately upon posting of the revised Terms on the Website. Your continued use of the Website or Services following such posting will constitute Your acceptance of the amended Terms. For ongoing Service Agreements, any material changes to terms directly affecting the Client will be notified to the Client.
D. **Severability:** If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
E. **Waiver:** No waiver of any breach of any provision of these Terms shall constitute a waiver of any other breach or of such provision. A waiver will not be effective unless made in writing.
F. **Assignment:** You may not assign or transfer Your rights or obligations under this Agreement without the prior written consent of Hemisphere Art. Hemisphere Art may assign its rights or novate its obligations under this Agreement without Your consent.
G. **Notices:** Any notices required or permitted to be given under this Agreement shall be in writing and delivered to the addresses specified by the parties or sent by email to the nominated email addresses.
Contact Information: Hemisphere Art [Insert Registered Business Address] [Insert Email Address] [Insert] [Insert ABN/ACN]
