Terms andConditions.

1.1 Acceptance of our Agreement may be by giving us instructions (such as you speaking with or writing to us) after receiving this document or by oral acceptance.

1.2 This Agreement constitutes a valid and legally binding agreement in accordance with its terms and may not be varied unless with the express written consent by us.

1.3 This Agreement supersedes all prior agreements between the parties and represents the entire Agreement for the Project Specifications.

1.4 You agree that the signatory to the Agreement has the requisite authority to enter the Agreement. Otherwise, you will ratify the Agreement by giving us instructions in relation to the Agreement and to complete the Project Specifications.

1.5 If you are a corporation, partnership or group, a person(s) will be nominated as authorised contact. Such decision making will be binding on the corporation, partnership, or group of people, and will be available and/or contactable should we require him/her to perform the Services.

2.1 In this Agreement, unless the context otherwise requires:

3.1 We will provide you the Services, develop and provide the Deliverables under the terms of this Agreement, and any Work Product. Upon entering the Agreement, or a reasonable time after, a photographer, videographer, and editor will be assigned to complete the Services and the Deliverables. The photographer, videographer, and/or editor may be changed due to illness, scheduling conflicts, or any other reason we believe is reasonable.

We will use our best endeavours to provide the Services and Deliverables required by you by the Deliverables Date and/or Completion Date. The parties agree that the Deliverables Date and/or the Completion Date is an estimate time-frame only.

You will review the Deliverables, answer any questions regarding the Project Specifications and provide feedback within a reasonable time if requested.

The Deliverables will be available to you to download for a period of two (2) months from the date of supply of the Deliverables.

You are entitled to two (2) complimentary changes to the Deliverables, but must notify us in writing at hello@amvisuals.com.au within thirty (30) days of supply of the Deliverables (Notice of Change). The Notice of Change must specify all change requests.

We will attend to the Notice of Change and supply the changed Deliverables to you within thirty (30) days of receipt of the Notice of Change, or as otherwise notified to you in writing.

If a Notice of Change is not received within thirty (30) days of supply of the Deliverables, it will be deemed that you have accepted the Deliverables as is. Any Notice of Change after thirty (30) days of supply of the Deliverables will be subject to a new quote.

You must notify us in writing at hello@amvisuals.com.au of any change requests to the Project Specifications. If the change request materially affects this Agreement, clauses 4.5 and 4.6 apply and/or we will provide you with a quote for any additional Payments or Expenses within ten (10) days. We are not required to commence, continue, or complete any work under the Change Requests until the quote is accepted in writing by you.

4.1 We will invoice you our Fee and Expenses per the terms of the Agreement, unless otherwise agreed in writing.

4.2 Should we be instructed to undertake additional work on the day we attend to perform the Services that is outside the Project Specifications, all additional charges may apply.

4.3 You agree to pay for all expenses reasonably incurred by us:

• Up to $100.00 without your pre-approval.
• Over $100.00, pre-approved by you either orally or in writing.

4.4 You must pay the Invoice sum within 15 days of the date of the Invoice, without any matter of counter claim, set-off or deduction.

4.5 If you do not proceed at the Commencement Date, change the Commencement Date, or terminate the Agreement prior to the Commencement Date, the following cancellation fees apply:

4.6 In circumstances where the Agreement is terminated after the Commencement Date but before the Deliverables Date and/or the Completion Date, we are entitled to invoice you for the work done from the Commencement Date up to and including the date of termination, including any Expenses incurred. You will pay the amount owed within 15 days of receiving the Invoice.

4.7 If payment is not made within the required time frame, a late fee of 5.0% per month on the outstanding amount will become due and payable by you.

You acknowledge and agree that you will only be entitled to have absolute and beneficial right, title and interest to the Deliverables and any Work Product upon full payment of all Invoices and complying with all terms under the Agreement. Should you fail to make payment of the Invoices and comply with all terms under the Agreement, you cannot use the Deliverables and Work Product for any purpose.

5.2 You hereby acknowledge and agree that:

• We will have a lien over all the Deliverables and Work Product to secure payment of any or all amounts outstanding from time to time.
• Our lien is a security interest within the meaning of section 51A of the Corporations Act (Cth) 2001 and/or section 12 of the Personal Property Securities Act (Cth) 2009 (PPSA).
• We may register its security interest. You will sign and/or provide any further information reasonably required to register a financing statement on the Personal Property Securities Register, or correct a defect in a financing statement. All costs and expenses incurred in doing so will be reimbursed by you.
• The parties agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by this Agreement. You waive your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA, and your rights as a grantor under sections 142 and 143 of the PPSA.

Subject to payment of all Invoices, we agree to assist you to prove ownership of the Deliverables and Work Product, if required.

This Agreement does not affect any pre-existing intellectual property rights owned by us or licensed from a third-party which may be used to create the Deliverables and Work Product.

You agree to grant permission for us to use your Intellectual Property for the sole purpose of the creation of the Deliverables and Work Product, and performance of the Services.

You agree to grant us an irrevocable permission to use the Deliverables for: portfolios and websites, in galleries, and in other media, so long as it is to showcase the Deliverables.

We have the know-how, qualifications and facilities necessary to perform the Services, and create and deliver the Deliverables and Work Product.

You warrant that any material you provide to us for the purpose of incorporation into the Deliverables or performance of the Services will not infringe the Intellectual Property Rights of any person including any Third-Party Rights, Materials or Software.

We warrant that the Deliverables and the Services we produce and supply you will not infringe the Intellectual Property Rights of any person including any Third-Party Rights, Materials or Third-Party Software.

We will comply with all your reasonable and lawful requests and directions within the scope of this Agreement. The parties warrant that the Deliverables or performance of the Services will not contain any defamatory, offensive, racially inflammatory matter or breach any contract or duty of confidence, contempt of court or expose either party to any civil or criminal proceedings.

This Agreement commences on the Commencement Date and continues until the work is completed at the Deliverables Date, end of Term, unless otherwise agreed in writing.

Either Party may terminate this Agreement for any reason with 14 days written notice to the other party in compliance with Clause 11.

7.3 We will cease working on the Deliverables upon receipt of the notice given under clause 11 and will issue you an Invoice in accordance with clause 4, specifically clause 4.5 and 4.6.

The following clauses continue to apply even after termination of the Agreement:

• Clause 4 (Payment and Expenses)
• Clause 5 (Ownership)
• Clause 9 (Confidential Information)
• Clause 10 (Liability and Indemnity)
• Clause 12 (General)

8.1 The parties agree that we are strictly independent contractors only. Neither party will deem, consider, or represent to anyone that we are an employee of yours.

8.2 The parties agree that:

• We will use our own equipment, tools and material to complete the work.
• We are responsible for the day-to-day performance and operation of the project.
• You will not intervene and control the way in which we carry out the work.
• You will not provide us with any training.

8.3 Neither party can bind the other to any agreement with a third party.

9.1 We agree to keep the Confidential Information you provide to us or obtained by us pursuant to this Agreement strictly confidential and not to disclose or divulge the same to any other person or entity except if disclosure is required by law.

9.2 Each Party must:

• Use the Confidential Information only for the purpose of this Agreement.
• Maintain the confidentiality of the Confidential Information and ensure it is not disclosed to or used for the benefit of any third party without the prior written consent of the other party.
• Take all steps and do all things necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information.

We will not be liable for:

• Any loss of interest, revenue, profit, or any data, or for any consequential, indirect, incidental or special damages suffered by you relating to the subject matter of this Agreement, including but not limited to: the maintenance of confidentiality of access codes, log in details, and passwords; the installation of security mechanisms; the failure of computer equipment, software, or any other Deliverable; the unauthorised use of the Services; the failure to achieve any goals through the use of the Services; and any activities in connection with the improper or unauthorised use of the Services.
• To the fullest extent permitted by law, our liability to you (whether in contract, tort, negligence, or for any breach of warranty, representation or statute) for any act or omission done in connection with the subject matter of this Agreement, will be limited in aggregate to an amount equal to the payment made by you under this Agreement.

You agree to indemnify us on a full indemnity basis against any loss or damage from and against all third-party claims or proceedings arising out of:

• A breach of your obligations under this Agreement.
• A breach of a representation or warranty under the Agreement.

All notices and other communications by or to the parties shall be in writing and signed by a director, secretary or other duly authorised officer or the solicitor of the party giving such notice or communication.

Notices issued by you to us must be sent to hello@amvisuals.com.au. Notices we issue to you will be sent to the email address, postal or street address you nominated and recorded by you.

Any notice issued by either party via email will be deemed served within 2 business days of the date of issuing. You acknowledge and agree that any notice, demand or document issued through a court may be served at the email address, postal or street address you nominated and recorded by you.

The parties cannot assign rights or delegate obligations under this Agreement to a third party without the express written consent of the other party.

This Agreement may be executed in any number of counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, including if counterparts are in electronic form.

Each party must bear its own costs of and incidental to the preparation and execution of this Agreement.

If by an act of Force Majeure a party is unable to perform in whole or in part any obligation of this Agreement, that Party is relieved of that obligation to the extent and for the period that it is unable to perform and is not liable in respect of such inability.

This Agreement shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect. If a provision is held to be illegal, invalid or unenforceable, that provision shall so far as possible be read down to give it a valid operation. If it cannot effectively be read down, that provision shall be deemed void and severable and the remaining provisions shall not in any way be affected or impaired.

You acknowledge that you have read the terms of this Agreement and have been given equal bargaining power to negotiate the terms. You further acknowledge that you have had the opportunity to obtain independent legal advice. If you elected not to obtain independent legal advice, then you have done so on your own free-will.

This Agreement shall be governed by and construed in accordance with the laws of New South Wales. The Parties irrevocably submit to and accept the exclusive jurisdiction of any court or Courts of New South Wales with respect to any legal action or proceedings which may be brought at any time relating in any way to this Agreement.

• All new retainer agreements include a one (1) month grace period to trial the service before committing to a full-term engagement.
• During the grace period, either party may terminate the agreement with seven (7) days written notice and no further obligations.
• Following the grace period, retainers are locked in for a minimum commitment of three (3) consecutive months, unless otherwise agreed in writing.
• Retainer fees are payable one (1) month in advance, including the grace period.

• The scope of the monthly retainer, including the number of shoot days, editing hours, and deliverables, will be outlined in the Project Specifications.
• Any work requested outside of the agreed scope may be quoted separately and will be billed in addition to the retainer fee.

• Unused production days or editing hours do not roll over into subsequent months unless otherwise agreed in writing.
• Any roll-over agreement must be approved in writing and used within the following month or will be forfeited.

• You must provide a minimum of fourteen (14) days written notice to cancel or reschedule any scheduled production under the retainer.
• If notice is not provided, we reserve the right to charge fifty percent (50%) of the monthly retainer fee to compensate for reserved time and resources.

We reserve the right to review and adjust the retainer pricing at the end of each three-month period. Any changes to pricing will be communicated to you in writing no less than fourteen (14) days before the start of the next billing cycle.

• Clients may request to pause their retainer for a maximum of one (1) month within a six (6) month period, with at least fourteen (14) days written notice.
• Paused retainers will not be refunded but may be credited to the next month's deliverables with written approval.

AM Visuals, Blacktown NSW 2148, Australia. ABN 81 613 918 639. Last updated April 2026. These Terms supersede all prior versions. Continued engagement with AM Visuals after any update constitutes acceptance of the revised Terms.