This page contains Terms and Conditions and Privacy Policies for all services offered by Innovera Media (“Content creator” or CC) on this website. The “Client” refers to any business or individual who interacts and/or engages with the CC.
Terms and Conditions
Effective date: 1/10/2024
1. Definitions
(a) A Shoot is a session between the CC and the captured subject(s) where the CC takes footage of the subject(s) chosen by the Client.
(b) Footage (or content) can be in different formats but is not limited to photographs, videos, and audio recordings. Different types of footage will be taken depending on the purpose of the work.
(c) In cases where the Client chose to have footage taken at an event, the event itself is considered as the Shoot. Subject(s) will include those nominated by the Client and may include attendees of the event.
(d) Digital content services means:
(i) Any preparation and research work done before the Shoot (if applicable)
(ii) The Shoot
(iii) Any work done after the Shoot including, but not limited to, processing and editing of footage.
(iv) The delivery of content and other agreed deliverables
2. Cancellation Policy
In the event the Client cancels the Digital Content Services within 48 hours of the Date of Shoot, for whatever reason; the 1st instalment payment is non-refundable and is forfeited to the CC on account of damages.
If the Client cancels before the Shoot and work has already been done including, but not limited to, research, planning, scouting, preparation for the Shoot, edited files, prints, albums, canvas and folio boxes; a cancellation fee of 50% of the balance of the Total Amount Agreed will be charged due to the loss of income.
If the Client cancels after the Shoot, 100% of the Total Amount Agreed will be charged.
The Client agrees to reimburse the CC for any outstanding fees and/or expenditure incurred for the Client’s Shoot and/or special request(s).
If all fees and/or reimbursements are not paid within 7 days of the Client’s cancellation, legal action will be pursued against the Client’s for a breach of a legally binding contract,
3. Interpretation
In this agreement, unless the context otherwise requires:
(a) This agreement contains the entire understanding between the Client and the CC.
(b) The Client’s acceptance of these terms and conditions occurs upon their signing of the Agreement.
(c) Words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neuter genders.
(d) This agreement is governed by the laws of Victoria, Australia.
(e) Product prices are subject to change.
(f) The CC will not be responsible for any failure or delay in providing services to the Client due to any events beyond the CC’s reasonable control including but not limited to acts of god or elements of nature (including fire, flood, earthquake, storm, hurricane, or other causality), war, civil commotion, labour disputes, strikes, pandemics, government regulation or restriction.
(g) By accepting these terms and conditions, the Client acknowledge that they are at least eighteen years of age, or the legal age to form a binding contract within their jurisdiction.
4. Confirmation
A signed “Digital Content Agreement” and payment of the 1st instalment payment are necessary to confirm the stated Services from the CC.
It is the Client’s responsibility to arrange bookings and payment for locations. This is important especially in case of rain affecting the selected location (i.e., Hotel foyers, private premises etc.).
5. Pre-Shoot Consultation
A pre-shoot consultation normally occurs at the time of booking. The Client will outline broadly what is required and the CC will advise on planning, logistics and timings where needed.
If required, the Client can request an additional consultation closer to the time of the Shoot to discuss further details, this request is subject to the discretion of the CC.
6. Cooperation
The Client and the CC consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this agreement.
For a Shoot that involves many guests, the CC recommends the Client provide a helper or a written list of nominated subjects to the CC that will help identify key individuals and/or moments to be captured.
The Client agrees to give the CC sufficient warning of key moments at the at the Shoot to give the CC time to prepare e.g., photographing or record a video of a specific person or item etc.
If guests attending the Shoot do want their photo taken, the CC will use their discretion but cannot be held responsible for a lack of photos of these people.
Unless otherwise agreed, the Client must respond to and request any adjustments within 14 days of receiving the proof from the CC. If no response is received within this period, it will be assumed that no changes are needed. The content will then proceed to the next editing round or, if for final edits, will be considered finished and delivered as is.
7. The Schedule
Both the Client and the CC agree that punctuality and cooperation are essential to producing outstanding results. In cases where the event does not run on time (for example, extreme lateness by one of the Client arriving to Shoot), the CC cannot be held liable for a lack of content.
For a Shoot that takes place at the Client's personal event, The CC recommends the Client provide a schedule of the event to aid with the Shoot.
8. Venue Rules & Other Personnel
CC are sometimes limited by rules imposed by venue management, operational personnel, and performing artists as to what can and cannot be done. For example, insisting that the photographer or videographer to shoot from a specific location or restriction on certain lighting equipment. In such circumstances, the Client agree to accept the venue's rules, personnel restrictions, and other technical limitations that may be imposed on the CC and equipment used. The CC cannot be held responsible for a lack of content.
The Client should make themselves aware of the rules of the venue and personnel; and if necessary, negotiate with the personnel concerned.
It is the Client's responsibility to cover any costs associated with entering and/or using the venue. This includes, but not limited to, the CC’s entry fee(s).
9. Guests Behaviour
The CC must be respected at all times and with all communication, including but not limited to email and telephone communication, in person, prior to the Shoot, during the Shoot or after and the CC will not tolerate poor behaviour such as aggression, abuse, or rudeness in any form.
Any effort will be made by the CC to resolve any conflict; however, should the Client refuse to partake in any mutually beneficial resolution, the CC may refuse to complete the digital content agreement including producing and delivering any and all package product and leave the Shoot if the CC deem it necessary without refund or compensation.
15. Meal, Accommodation & Travel
The Client agrees to provide a meal for the CC if the length of the Shoot exceeds five hours.
The Client agrees to provide accommodation for the CC if they are required to work pass 11:00PM at a remote location that is interstate or it requires a travel time, by car, of more than 120mins from the CC’s address of residence.
The Client agrees to reimburse the CC travel costs if the location of the Shoot is not in the CC’s city of residence and/or it requires a travel time, by car, of more than 60 minutes.
10. Special Request, Additional Fees & Costs
Any special request by the Client must be made in writing and communicated via email. Both parties must agree on the nature, execution, and additional fees and costs for the request(s). The CC cannot guarantee the execution or result of any special requests unless such request(s) are made in advance.
Unless otherwise agreed in writing, additional fees will be charged by the CC to undertake any work not included in this contract.
The Client agrees to pay for any costs, up front, for any additional products and/or services the CC require to fulfil their special request(s).
11. Creative Styling, Integrity & Production Process
The Client acknowledges that they are familiar with the CC’s style, and that the work is continually evolving. The footage taken and content created will be based on The CC’s experience and artistic views. The content created may be different from those from the past and that The CC will use their expertise to create content consistent with their brief, which may be different from other clients.
The content created will be edited in a range of colours and black and white unless the Client has chosen the option to have one complete set of each.
The CC is not responsible to fix any photos or videos to cover parts of the Client or guests' body that you do not wish to be seen in the photo.
The Client agrees that, without written permission, the CC’s work cannot be altered and used in such a way that they can misrepresent the CC’s quality of work and artistic styling. Cropping and size adjustments are permitted.
The CC is experienced in creative work and endeavours to produce deliverables that exceed the brief of the Shoot. Should the Client take the project in a creative direction the CC advised against, the CC is not liable for any unsatisfactory outcomes. Additional fees will apply to perform any reshoots or re-edits.
The Client must respect the CC’s creative and production processes and acknowledges that any disruption to these processes may negatively impact the progress of the Shoot, delivery schedule and the quality of the deliverables.
The CC reserves the right to terminate the contract if the Client unreasonably disrupt or impede the production. No refund will be issued.
12. File Storage & Delivery
Unless otherwise agreed, content will be delivered digitally via online storage systems such as Google Drive or Microsoft OneDrive.
The Client is responsible to ensure they have the necessary resources to access the files.
The content will be delivered in format(s) agreed upon under Deliverables.
Delivery of the content through other methods or in other mediums will incur additional costs. The Client will need to arrange this with the CC prior to the Shoot in writing.
The CC keeps Client files for up to 14 days after the final delivery of files. It is the Client's responsibility to ensure their content are downloaded and securely stored. After this period, Client files will be deleted, and backups will be purged.
13. Limitation of Liability
All care and diligence will be exercised in the performance of the assignment/s and that liability is limited to monies paid only should mechanical failure, theft, accident, or any other mishap occur which prevents the fulfilment of this agreement.
If a CC is too ill or becomes injured and cannot supply the Digital Content Services specified above the CC will attempt to book a replacement personnel. If the CC is unavailable and a replacement personnel cannot be found, then liability is limited to a refund of any payments received.
The CC has working methods in place to prevent loss or damage to the Client’s content. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons beyond the CC’s control. In these circumstances liability is limited to the return of any fees paid for the service, or part thereof prorated according to the percentage of images supplied.
The Client is responsible for taking take care of their guests, including children and pets. The CC is not responsible for any accidents to guests or damage to public or private properties during the Shoot.
The CC can supply licenced audio for client videos; however, should the Client decide to use specific copyrighted audio, the Client is responsible for acquiring the appropriate licences and supply the music files for the CC to use. The Client accepts all liability for any copyright and intellectual property infringements and make compensation to any organisation or individual, including the CC, who may be affected.
14. Damages
The CC has no control over the environment in which the delivered content are kept and that USB drives have limited life expectancy. Hard drives/Flash drives have both been known to fail. The Client should have a backup strategy in place to remedy data loss.
The CC cannot be held responsible for any damages, extended delivery time or loss to the products sent via postal services. The CC will pursue the courier service and lodge a formal investigation if the Client’s package has not arrived with the online tracking time frame.
The CC will ensure all avenues and effort is made to the best of our ability to find and deliver the Client’s content; however, no refund or compensation will be made. It is our sole discretion whether to provide replacement product.
The CC reserves the right seek compensation if any disruptive and/or reckless behaviour of the Client and the guests resulted in personal harm of the CC and/or damages or destruction of the CC’s equipment.
15. Underage Subjects & Children
For Digital Content Services where the Client chose to have portrait-style or purposely posed footage taken:
By signing this agreement, the Client gives the CC consent to have content of their children taken at the nominated time and location.
The Client agrees to appropriately, and decently, dress their children for the nature of the Shoot.
If the Client is not the guardian of the children, the Client is responsible for getting written consent from the guardian outlining the time, location, purpose, and nature of the Shoot and how the content will be used.
The CC reserves the right to refuse service if the Client cannot provide appropriate consent for each underage individual or the CC deem the requests of the Client puts an underage individual at risk. No refund or compensation will be given. Authorities will be notified.
For Digital Content Services where the Client chose to have footage taken at an event:
Different guidelines apply to footage of underage subjects taken at a public space or event.
The Client is responsible for informing the guardians of any underage guest the presence of the Photographer/videographer as well as the purpose and nature of the footage taken at the event and how they will be used. If applicable, acquire the necessary consent.
The Client is responsible for informing the CC of any underage guest whose guardian does not consent for them to be the subject of footage. The CC will ensure all avenues and effort is made to the best of our ability to exclude such individuals as main subjects of footage. As the Shoot takes place at an event, the CC cannot guarantee such individuals will not appear in the background of captured footage.
16. Health & Wellbeing
It is the Client’s responsibility to notify the CC if they, or any of their guest, are sensitive to strong light sources, flashing and strobing effects.
If the condition of the Shoot becomes a health risk to those at the Shoot, including the CC, Client, guests and other personnel; the CC reserves the right to pause or stop the Shoot.
17. Intellectual Property & Copy Right
Content produced by the Content Creator (Ka Wai Lawrence Wong) are protected by Copyright Law (all rights reserved).
The Client recognises that all Intellectual Property are the property of the CC and the Client will take all such steps as practicable to ensure that the Intellectual Property will vest in and remain vested in the CC. The Client agrees to not use the content in any way that may misrepresent the Intellectual Property owner/ content creator.
The Client warrants that the CC owns the Intellectual Property Rights in the Intellectual Property delivered to the Client in the provision of the Services.
The CC grants to the Client a non-exclusive, transferable, royalty-free, perpetual licence to use and intellectual property rights owned by the CC which have been used in completion of the Services, that were already in existence prior to commencing the Services. These include, but not limited to, document templates, data, and files.
For Digital Content Services where the Client's content is produced for the purpose of private and domestic use including, but not limited to, family portraits, wedding photos:
The first owner of the copyright belongs to the Client.
The Client grants the CC an unlimited, royalty-free, perpetual licence to use of the Client's content for the purpose of media, marketing, and promotion. These includes, but not limited to, social media, web portfolio and creative competitions.
The Client agrees that any third-party involved in the Shoot including, but not limited to, venue operators, makeup artist, hairstylist, will be directed to the CC for permission to use the content for any purpose.
For Digital Content Services where the Client's content is produced for all other non-private, non-domestic uses:
The copyright belongs to the CC, unless otherwise agreed in writing. As such, the CC can publish and use the content without the Client's permission for all media, marketing, and promotion purposes.
The Client has a licence to use the content for the purpose for which they commissioned the work.
The Client agrees that any third-party involved in the Shoot including, but not limited to, venue operators, makeup artist, hairstylist, will be directed to the CC for permission to use the content for any purpose.
18. Date & Location Changes
The Client agrees that the time and location of the Shoot may need to change due to factors beyond the CC’s control. For example, poor weather. In such circumstances, the Client agree to cooperate and find a mutually agreeable solution.
The Client is responsible for informing the CC by email for any date or location changes. The CC is not liable for any claims for messages sent by mobile text messages or social network websites.
The CC will make all possible effort to accomodate for the changes but cannot guarentee their availability for the new date & location. If the CC is not available for the new date & location, the Client is cancelling the Shoot.
Privacy Policies
Effective date: 17/1/2023
Lawrence Wong or Lawrence Wong Photography (“I”, “us”, “we” or “our”) operates as an individual(artist) and not an officially registered business entity. The operation of the https://www.lawrencewongphotography.com website and related digital mediums including but are not limited to mobile apps and social media platforms of the same name (the “Service”).
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
Communication
Any official email correspondence from us will be sent with this email address (“lawrencewongphotographs@gmail.com”) in this exact form. Treat any other email as suspicious and/or fraudulent. We assume no responsibility for any communication not sent by us. If you encounter any suspicious activity pertaining our business entity, domain, or other intellectual property; please tell us using the listed contact details on our site.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally, identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data
Lawrence Wong Photography will never request Personal Data outside of the Service or our official email address.
Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.
Use of Data
Lawrence Wong Photography uses the collected data for various purposes:
• To provide and maintain the Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Service
• To monitor the usage of the Service
• To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
If you are located outside of Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and the locations of our Service Providers.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Lawrence Wong Photography will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Legal Requirements
Lawrence Wong Photography may disclose your Personal Data in the good faith belief that such action is necessary to:
• To comply with a legal obligation
• To protect and defend the rights or property of Lawrence Wong Photography
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability
Security Of Data
The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Service Providers
We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service. Third-party Service Providers may include but are not limited to:
Squarespace web hosting
Squarespace, among many services, provides web domains, web hosting, and analytics services. Lawrence Wong Photography uses Squarespace services to, directly and indirectly, provide the Service.
For more information on the privacy practices of Squarespace, please visit Squarespace’s Privacy & Terms web page: https://www.squarespace.com/privacy
Google provides email, computing, software packages, cloud applications and cloud storage. Lawrence Wong Photography uses Google services to, directly and indirectly, provide the Service. For more information on the privacy practices of Microsoft, please visit Microsoft’s Privacy & Terms web page:
https://policies.google.com/terms?hl=en-US
Microsoft
Microsoft, among many services, provides computer operating systems, software packages, cloud applications, and cloud storage. Lawrence Wong Photography uses Microsoft services to, directly and indirectly, provide the Service.
For more information on the privacy practices of Microsoft, please visit Microsoft’s Privacy & Terms web page: https://privacy.microsoft.com/en-ca/privacystatement
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy or wish to report any suspicious activity pertaining our business entity, please contact us:
• By email: lawrencewongphotographs@gmail.com