TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.dominicloneragan.com (the "Site"). This Site is owned and operated by Dominic Loneragan. This Site is a portfolio.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
1. Scope of Services
1.1 The Photographer agrees to provide services which may include photography, videography, content creation, retouching, video editing, social media posting, and captioning.
1.2 Services are offered under either a one-off project basis or as part of ongoing subscription packages. 1.3 Additional services such as creative direction, model casting, prop sourcing, and location scouting may be provided upon request for an additional fee.
2. Packages and Terms
2.1 One-off project services require a signed agreement per project.
2.2 Subscription packages offered include: Entrees, Mains, and Desserts, with a minimum contract term of twelve (12) months.
2.3 Subscription upgrades may occur at any time. Downgrades are not permitted.
2.4 Unused subscription shoot allocations do not roll over into future periods.
3. Payment Terms
3.1 One-off services require a non-refundable deposit of fifty percent (50%) upon booking, with the balance due forty-eight (48) hours prior to delivery.
3.2 Subscription services are billed monthly in advance. Payments are non-refundable.
3.3 A grace period of seven (7) days applies for subscription payment failures, after which late payment interest shall accrue at five percent (5%) per day, compounded daily.
3.4 No deliverables shall be provided, nor further services rendered, until outstanding balances are settled.
3.5 The Client agrees to indemnify the Photographer for any legal or collection costs incurred as a result of unpaid invoices.
4. Scheduling and Cancellations
4.1 All bookings must be scheduled via the Photographer’s online scheduling system.
4.2 Cancellations or rescheduling must be made at least forty-eight (48) hours in advance. Failure to do so may result in forfeiture of the session or payment.
4.3 Out-of-hours services (outside 9:00 am–5:00 pm AEST, Monday to Friday) are subject to a thirty percent (30%) loading fee.
4.4 Missed or unscheduled subscription shoots are deemed forfeited and are non-refundable.
5. Deliverables and Turnaround
5.1 Deliverables shall be provided within seventy-two (72) business hours post-shoot or post-selection, as applicable.
5.2 All files shall be delivered via secure online gallery or email.
5.3 Additional images may be purchased at AUD $50.00 per image plus GST.
5.4 Express delivery (within 24 hours) may be requested in writing for AUD $100.00 plus GST.
5.5 The Photographer is not liable for loss or damage to files after delivery. Re-delivery may incur a fee.
6. Revisions
6.1 Two (2) rounds of revisions are included per job.
6.2 Revisions for photography may include colour grading, retouching, and the inclusion of missed images.
6.3 Revisions for video may include sequence editing, audio syncing, or colour correction. 6.4 Additional revisions beyond those specified shall be subject to additional fees.
7. Intellectual Property and Usage Rights
7.1 All works created by the Photographer remain the intellectual property of Dominic Loneragan Photography.
7.2 The Client is granted a non-exclusive, non-transferable license to use the final deliverables for a period of one (1) year commencing from the end date of the contract.
7.3 Usage includes social media, web, and print. Reposting on social platforms is permitted beyond the license period. Website and paid media use require license renewal.
7.4 Suppliers and third parties must obtain a separate usage license.
7.5 Additional licensing is required for advertising media such as billboards.
7.6 The Client agrees to provide attribution on all public-facing uses as follows: a) Social Media: @dominicloneragan b) Print: Dominic Loneragan Photography
8. Moral Rights
8.1 The Photographer retains all moral rights as defined under the Copyright Act 1968 (Cth), including the right to attribution, the right to prevent false attribution, and the right to object to derogatory treatment.
8.2 The Client shall not alter, crop, edit, or otherwise manipulate any of the Photographer’s work in a manner that compromises its integrity without written consent.
9. File Storage and RAW Files
9.1 Edited and RAW files shall be stored by the Photographer for a period of twelve (12) months.
9.2 The Client may purchase viewable RAW files for an additional fee of AUD $500.00 plus GST.
9.3 No entitlement is given to layered working files (e.g. PSDs) or editing project files.
9.4 Client materials are stored at the Client’s risk. The Photographer assumes no liability for loss or damage to such materials.
10. Liability and Termination
10.1 The Photographer’s total liability shall be limited to the amount paid by the Client for services rendered.
10.2 The Photographer may terminate this agreement immediately if faced with risk of harm, abuse, or unpaid services.
10.3 The Photographer retains a lien on all deliverables and materials until full payment is received.
10.4 All content produced is assumed to represent the Client’s views and not those of the Photographer.
11. Force Majeure
11.1 The Photographer is not liable for failure or delay in performance due to circumstances beyond reasonable control, including but not limited to natural disasters, government actions, or illness.
12. Amendments and Communication
12.1 The Photographer reserves the right to amend these Terms and Conditions with seven (7) days’ notice.
12.2 Clients will be notified of changes via email. Continued engagement constitutes acceptance.
12.3 Normal business hours are Monday to Friday, 9:00 am to 5:00 pm AEST.
12.4 Clients must maintain communication. Failure to respond to three (3) consecutive outreach attempts may result in service suspension or termination.
13. Contact Details
Dominic Loneragan
Phone: 04 0236 1096
Email: dominic@dominicloneragan.com
Address: 19/6 Energy Cct, Robina, QLD 4226
Effective Date: 5th day of March, 2024