1.1 NEG will provide photography services to you, as and when required, for the fee provided to you in any quotation (in writing or orally) for services provided to you by NEG. That quote will form part of the terms and conditions of this Agreement and will reflect the service rates and fees disclosed on NEG’s website, which may change from time to time.

1.2 If you expressly communicate (by your words or conduct) that you agree with any quotation for services and/or agree for NEG to provide the services, you will be communicating your acceptance of the quote and will be required to pay for NEG’s services. 

1.3 You agree that NEG is entitled to request payment of a deposit of 40% for any quotation that exceeds $1,000.00. That deposit must be paid to NEG 5 days prior to performing the services. 

1.4 If NEG incurs additional costs in performing the services, those fees will be included in the quotation for services provided to you; or, if incurred unexpectedly, NEG will be required to include these in a final Tax Invoice. These costs may include parking fees, travelling costs outside the Illawarra and Shoalhaven (at 0.74c per km), postage, accommodation, entry permit/consent fees, council charges and hire fees.

1.5 You agree to apply for and make payment of all licences and permits to enable NEG to access an area, landmark or premises to perform the services. If you do not obtain consent/permission, you agree to indemnify NEG for any loss, damage or claim arising and will extend the timeframe for completion of services. 

1.6 Upon completion, NEG will issue you with a Tax Invoice and will require payment of that invoice within 14 days. If you fail to pay by the due date, NEG can stop performing the services, withhold photographs and/or charge interest at 7% per annum (calculated daily) for all late payments

1.7 You are aware that NEG’s services may be restricted to the availability of premises, tools/equipment, staff or agents; or might be interrupted by unpredictable events such as torrential weather.  Where possible, all reasonable steps will be taken by NEG to provide the services within the timeframe agreed; and you agree not to hold NEG liable and to indemnify NEG, for any such delay.

1.8 You acknowledge that NEG is qualified and licensed to provide the photography services to you. These services may include the operation and use of low flying Civil Unmanned Aircraft Systems (“Drones”) operated by NEG in accordance with CASA regulations at the time and within the Manufactors Specifications. 

1.9 In providing the services to you NEG has agreed to operate necessary Drones to complete the services and will maintain all relevant and applicable licenses as required by Australian law, to operate such Drones

2.1 NEG will attempt, but does not warrant, to deliver edited photographs (in printable size of a maximum 5MB) to you within a reasonable timeframe via Dropbox or compact disc delivered to your postal address. 

2.2 If you are not satisfied with the photographs, you must notify NEG within 48 hours from receipt to enable NEG to re-perform the services. Any alterations required to be made after that period, will be made as though the services were being performed a second time in accordance with the rates provided in the relevant quotation for services.

3.1 You acknowledge that NEG is It is an independent contractor, fit and qualified to perform the photography services, and is not your employee, agent or assignee. 

3.2 You acknowledge and agree that NEG may, from time to time, use the Services of a subcontractor.  NEG’s subcontractors will be instructed to produce the same standard of services as would be expected from NEG under this Agreement.

You and NEG agree that this clause 4 will continue even after this Agreement comes to an end:

4.1 You acknowledge that NEG is the author of the photographs supplied to you under this Agreement, being the subject of Copyright under Australian Copyright Law. As author, NEG retains the right to use the photographs for purposes connected to NEG’s business.  

4.2 As NEG’s Customer, you are entitled to use the photographs for the purpose set out in any quotation provided to you by NEG. You agree to acknowledge NEG as the author of those photographs.

4.3 You agree to obtain NEG’s consent (in writing) if you: use the photographs for any other purpose not contained in any quotation; and/or if you wish to distribute the photographs to other persons. In each of these circumstances NEG is entitled to charge an additional fee for the photographs.

5.1 You agree to NEG’s ‘Customer Obligations’, being that you: 

5.1.1 co-operate with NEG and make available necessary facilities required by NEG;

5.1.2 provide information and documentation that NEG reasonably requires for the services;

5.1.3 ensure NEG has unfettered legal access to any premises required to perform the services and have obtained authority/permission for NEG to access, enter and use the premises;

5.1.4 ensure NEG has permission to photograph the subject(s) (including persons, buildings, land, landmarks and/or structures), which may involve obtaining a signed “Model Release” from the participant and/or release from copyright where applicable; and

5.1.5 ensure that your staff and agents cooperate with and assist NEG.

5.2 You and NEG will agree to uphold all relevant laws applicable to this Agreement and obtain necessary insurances. Each party will indemnify the other if they fail to uphold these obligations, laws and/or obtain necessary insurances. 

5.3 Where NEG uses Drones owned and sourced by NEG, NEG agrees to ensure any Drones used in the performance of the services are registered as required under the Civil Aviation Act 1988 and under relevant Australian law. If you require NEG to use other Drones (or associated equipment) to perform the services, you will be required to ensure the Drones you supply are registered under that same Act and at law. You will indemnify NEG for any damage or loss as a result of your failure to ensure that the Drones sourced by you have satisfied necessary registration requirements, standards and specifications at law and by the Civil Aviation Safety Authority (“CASA”).

You and NEG agree that this clause 6 will continue even after this Agreement comes to an end.

6.1 If NEG has been found negligent in providing the services (except where death or personal injury has resulted), NEG’s liability is limited to the fees paid by you for the services. 

6.2 NEG will not be liable for any: interruption, delay or interference to the services beyond NEG’s reasonable control; or any damage/loss resulting from your conduct, information or instructions, and you agree to indemnify NEG for same. 

6.3 If in the circumstance you request that NEG perform the services and NEG has advised you that (for reasons beyond their control such as fire, flood, wind or storm), it would be unsafe or detrimental to any person or property to perform the services, and you continue to request that NEG perform the services, you agree to indemnify NEG for any damage to property (including NEG’s property) and/or injury suffered by NEG or any other person.

6.4 Neither party will be liable to the other for damage/loss suffered which is of an indirect or consequential nature. 

6.5 In circumstances where you have supplied Elev8 with the Drones (or other equipment) to be used to perform the services, you wholly indemnify Elev8 for the functionality, maintenance and operation of that Drone(s); and acknowledge that you are wholly liable for any damage or loss arising out of or as a result of the Drone’s malfunction, failure or defect (however slight). You agree that where you provide Drone(s) for use to Elev8, you are required to satisfy conditions imposed under CASA and at law for the maintenance, registration and operation of that Drone.

Either party can terminate this Agreement by giving 21 days’ written notice to the other party. If you terminate this Agreement, you agree to make payment of all outstanding fees and/or payment of services partly performed prior to termination. Termination may occur in circumstances including: if either party breaches this Agreement and fails to rectify the breach in 7 days; or if a party becomes insolvent/bankrupt at law.

8.1 You agree not transfer or assign your rights/obligations under this Agreement unless you provide written notice to NEG (by post or email) and NEG has accepted the transfer/assignment, in addition to the new party agreeing (in writing) to be bound by these terms.

8.2 Both parties agree to adopt best efforts to resolve any disputes that may arise. 

8.3 Where a provision of this Agreement is void/unenforceable, then it will be removed and the balance of the Agreement will be binding. 

8.4 This Agreement is the entire Agreement, in addition to any quotation provided to you and NEG’s Customer Obligations. You agree that you can not rely on any other representation(s). 

8.5 The parties acknowledge that the Agreement is governed by the laws of New South Wales and submit to the non-exclusive jurisdiction of that State.