Terms and Conditions
These Terms and Conditions (“Terms”) outline the agreement between FML Media (“we”, “us”, “our”) and the client (“you”, “your”) for the media and marketing services we provide. By engaging our services, you agree to be bound by these Terms.
1. Scope of Services
1.1. FML Media agrees to deliver media and marketing services as outlined and agreed upon with you. Specific deliverables, timelines, and project scope will be detailed in a separate agreement or statement of work.
2. Ownership of Content
2.1. All media content (“Content”) created by FML Media remains our property until full payment of the associated invoice has been received.
2.2. Once full payment is made, you will receive a non-exclusive, non-transferable licence to use the Content for the agreed-upon purposes.
2.3. You may not alter, reproduce, distribute, or commercially use the Content without prior written consent from FML Media.
3. Payment Terms
3.1. Payment terms are outlined in the invoice issued to you.
3.2. A late fee of $50 AUD per week will apply for any overdue payments, starting from the due date specified.
3.3. Invoices not settled within 30 days may result in suspension of services until payment is received in full.
3.4. We reserve the right to charge interest on overdue amounts at 1.5% per month, compounded monthly, or the maximum rate permitted by law — whichever is lower.
4. Client Responsibilities
4.1. You agree to provide timely access to necessary information, materials, and approvals to enable us to perform the services effectively.
4.2. You are responsible for ensuring that all information provided is accurate and does not infringe on the rights of any third party.
5. Confidentiality
5.1. Both parties agree to keep confidential any proprietary or sensitive information shared during our engagement.
5.2. Confidential information will not be disclosed to any third party without prior written consent, except where required by law.
6. Limitation of Liability
6.1. We will exercise reasonable care and skill in the delivery of our services, but we do not guarantee specific outcomes.
6.2. Our liability is limited to the total fees paid by you for the specific services provided.
6.3. We are not liable for any indirect, incidental or consequential losses, including but not limited to loss of revenue, data, or business opportunities.
7. Termination
7.1. Either party may terminate this agreement with written notice if the other party materially breaches the agreement and fails to remedy the breach within 30 days.
7.2. Upon termination, you are required to pay for all work completed and any costs incurred up to the termination date.
8. Governing Law
8.1. These Terms are governed by the laws of Australia. Both parties submit to the non-exclusive jurisdiction of the Australian courts.
9. Amendments
9.1. FML Media reserves the right to amend these Terms at any time. Changes will be effective upon being posted on our website or provided directly to you.
10. Photography-Specific Terms
10.1. Deliverables & Scope
10.1.1. The agreed package includes a specified number of final edited images, with one round of revisions.
10.1.2. All images will be delivered in high-resolution formats suitable for digital and print use.
10.1.3. Additional revisions beyond the included round will be charged at $30 AUD per image.
10.2. Non-Refundable Retainer
10.2.1. A 30% non-refundable retainer is required to secure your booking.
10.2.2. The remaining balance is due upon delivery of final content.
10.2.3. Final content will not be delivered until full payment is received. Ownership of the content remains with FML Media until this condition is met.
10.3. Cancellation & Rescheduling
10.3.1. To reschedule, a minimum of 72 hours’ notice is required.
10.3.2. A $250 AUD rescheduling fee may apply for changes made within 48 hours of the booked shoot.
10.3.3. If cancelled, the retainer is non-refundable and not transferable to future bookings.
10.4. RAW Files Policy
10.4.1. RAW files are not provided under any circumstances.
10.4.2. All final images are professionally edited and colour-graded to FML Media’s creative standards.
10.4.3. You will receive high-resolution JPEG or TIFF files optimised for both web and print use.
10.5. Usage Rights & Licensing
10.5.1. Deliverables will be supplied within the agreed timeframe and production schedule.
10.5.2. The final invoice will be issued following the shoot and must be paid within 5 business days.
10.5.3. Final content will only be released once full payment has been received.
10.5.4. Ownership of the content remains with FML Media until final payment is cleared. A non-exclusive, non-transferable licence will be granted upon payment for the agreed usage.
10.5.5. Resale or distribution of content to third parties without written consent from FML Media is strictly prohibited.
For any questions regarding these Terms, please contact us at admin@fml.media.