Content Creation & Photography Agreement

CONTENT CREATION & PHOTOGRAPHY AGREEMENT

This Content Creation & Photography Agreement (“Agreement”) confirms the terms, scope, objectives, and limitations of content creation, photography, and video production services provided by Stay Qreative. Engagement of services, payment of an invoice, or written confirmation constitutes acceptance of these terms.

DEFINITIONS

“Agency”, “Stay Q”, “Stay Qreative” refers to the service provider.
“Client”, “you” refers to the individual or entity engaging Stay Qreative.
“Parties” means both the Agency and the Client collectively.
“Services” means the social media management services outlined in the accepted Proposal.
“Proposal” means the final written proposal issued by Stay Qreative and accepted by the Client.
“Agreement” means this document, together with the accepted Proposal, and the client’s completed form submission via Stay Qreative’s designated platform, which constitutes the Client’s acceptance of the terms of this Agreement.

1. PURPOSE, SCOPE, AND ENGAGEMENT

1.1 Effective Date This Agreement becomes effective on the date the Client digitally signs or otherwise accepts this Agreement (“Effective Date”).

1.2 Contract Period

1.2.1 This Agreement is valid until:

Terminated by mutual agreement of the Parties,
Superseded by a newer Agreement, or
Concluded at the end of the Contract Period as specified in the Client’s Form Submission.

1.2.2 The Parties will not deal with earlier periods unless specifically requested in writing and agreed upon by both Parties.

1.3 Services Provided & Unanticipated Services

1.3.1 The Services provided under this Agreement include photography, videography, content creation, editing, and related creative services as outlined in the accepted Proposal or Services Guide.

1.3.2 The Client agrees to the scope, deliverables, and terms outlined in that Proposal, which forms part of this Agreement.

1.3.3 Only the Services listed in the final Proposal are included in this Agreement.

1.3.4 Any additional or unanticipated work requested by the Client that is not included in the Proposal will not commence without:

A written Change of Service Request,
Written approval from the Client,
A digital signature confirming acceptance, and
Agreement in writing on the scope, pricing, and timeline of the additional work.

1.3.5 No verbal or informal approvals will constitute authorisation to proceed.

1.3.6 One-Off vs Ongoing Engagements Services may be booked as:

One-off content shoots, or
Ongoing monthly content packages

Where a monthly option is selected, the agreed frequency, inclusions, and pricing will be outlined in the Proposal.

2. BOOKINGS, SCHEDULING & SHOOT TIME

2.1 Shoot Scheduling All content shoots must be scheduled in advance and are subject to availability. Shoot dates are only confirmed once payment (or deposit, if applicable) has been received.

2.2 Shoot Duration Each package includes a fixed shoot duration as outlined in the Services Guide or Proposal. Shoot time includes setup, shooting, and wrap-down.

2.3 Late Arrival Late arrival by the Client, talent, or required participants does not extend the booked shoot time.

2.4 Overtime Overtime is not guaranteed and, if approved, will be billed at Stay Qreative’s standard hourly rate.

3. SERVICES, PACKAGES & DELIVERABLES

3.1 Photographer-Only Sessions Photographer-only sessions refer to the following packages as outlined in Stay Qreative’s Services Guide:

Photography sessions providing either:
- 25 edited images per hour booked, or
- 25 edited images in total

each inclusive of a BTS reel and studio hire, unless otherwise stated.

Final deliverables, editing scope, and turnaround times are defined by the selected package or Proposal.

3.2 “Short & Sweet Session” Package The Short & Sweet Session is a fixed-format package with strict inclusions and limitations:

30-minute photography session
Up to three (3) outfit changes
Three (3) edited images
One (1) BTS reel
Same-day edits
Full raw content library, delivered instantly to the Client’s device
Studio hire included

Conditions:

Limited to one (1) person per session
Not available for product photography
Session duration is strictly capped at 30 minutes
Late arrival does not extend session time
No additional images, edits, or extensions are included unless quoted separately

3.3 Content Creation Shoots Content Creation Shoots are designed to capture a bank of photo and video content in a single session and include:

Creative direction and pre-shoot brief
Studio setup and hire
A curated selection of edited content as outlined in the selected package
Access to the full raw content library of images and footage.

Packages include Snapshot, Spotlight, and Showcase, as outlined in the Services Guide, and may be booked as one-off shoots or monthly packages. Monthly packages are offered at a reduced rate and assume ongoing availability.

3.4 Monthly Content Packages Where a monthly content package is selected:

Pricing reflects reserved availability and recurring production
Unused shoot time does not roll over
Pausing or delaying shoots does not pause billing unless agreed in writing

3.5 Custom Packages Stay Qreative may create Custom Packages to meet the unique needs of the Client. Custom Packages may include services not covered under standard retainers.

3.5.1 All details—including scope, deliverables, timelines, pricing, and any applicable discounts—will be outlined in a Custom Proposal. Work under a Custom Package will only commence once the Custom Proposal has been accepted and digitally signed by the Client.

3.5.2 Custom Packages are subject to the same terms regarding revisions, studio access, and additional services as outlined in this Agreement, unless otherwise specified in the Custom Proposal.

4. EDITING, REVISIONS & DELIVERY

4.1 Editing Style
Stay Qreative retains creative discretion over editing style, colour grading, pacing, music selection, and overall visual direction, in line with its portfolio and creative expertise.

BTS reels are documentary-style, behind-the-scenes content and are not subject to high-production editing standards.

4.2 Revisions (General Content Deliverables) Unless otherwise stated in the Proposal:

Deliverables include up to two (2) revision rounds
Revision requests must be submitted within seven (7) business days of delivery
Revisions are limited to refinements within the original creative direction

The following are not considered revisions and will be billed separately:

New creative direction
Requests requiring reshoots
Additional deliverables beyond the selected package
Changes due to incorrect or incomplete information supplied by the Client

4.3 Reel Edit Bundles (Editing-Only Services) Reel Edit Bundles apply to client-supplied footage only. Inclusions:

Editing of one (1), three (3), or five (5) reels (up to 90 seconds each)
Music and text overlays
Colour grading
Audio clean-up and optimisation
Aspect ratio optimisation

Timeline & Revisions:

Standard turnaround: 5–7 business days
Includes up to two (2) revision rounds
Revisions must be requested within five (5) business days of delivery

Stay Qreative is not responsible for the quality, resolution, framing, or lighting of client-supplied footage.

5. CONTENT SHOOTS, MODELS & TALENT

5.1 Shoot Planning All content shoots must be scheduled a minimum of four (4) weeks in advance to allow for creative planning, talent sourcing, and scheduling.

5.2 Models & Talent If the Client requests Stay Qreative to source models:

A. Call-out models are charged at a flat rate of $50 per hour, unless otherwise advised in writing.

B. Some models may be represented by third-party agencies; their rates and terms override the standard call-out rate.

C. Final pricing must be confirmed prior to booking.

D. Clients may also source and manage their own models independently.

E. Last-minute model or talent requests are not guaranteed and may incur additional charges.

5.3 Influencer Marketing Influencer Marketing Services are not included in standard Social Media Management packages unless expressly listed in the accepted Proposal. Where agreed:

A. Stay Qreative will assist with identifying and connecting the Client with relevant creators.

B. Deliverables, fees, timelines, and outcomes are subject to the influencer’s own terms and availability.

C. Stay Qreative does not guarantee reach, engagement, conversions, or influencer conduct.

D. All partnerships are subject to separate written confirmation.

5.4 UGC Creators UGC creators engaged as part of a package or add-on are treated as call-out talent and are subject to the same terms, availability, and creative limitations.

6. STUDIO, TRAVEL & DRONE FOOTAGE

6.1 Studio Hire
Studio hire is included in all packages unless otherwise stated.

6.2 Shoot Locations Clients may choose from the following shoot locations:

A. Stay Qreative Studio (30% discount for retainer clients, subject to clause 6.3)

B. Alternate Studio (client books and pays; travel fees apply, subject to clause 6.4.

C. On-Location Shoots (travel fees apply, subject to clause 6.4)

6.3 Travel Fees Travel beyond 20km round-trip from Stay Qreative Studio is charged at $0.88 per kilometre. The first 20km round-trip are complimentary

6.4 Drone Footage Drone footage is available as an add-on and is assessed on a case-by-case basis. All drone operations are subject to:

CASA compliance
Weather conditions
Airspace restrictions
Location permissions

Stay Qreative reserves the right to refuse or reschedule drone usage where compliance or safety cannot be assured.

7. CREATIVE DIRECTION Stay Qreative is engaged for its creative expertise. While collaboration is welcomed, Stay Qreative retains final creative discretion within the agreed strategy to maintain brand consistency and effectiveness.

8. CLIENT RESPONSIBILITIES AND LIABILITY

8.1 Content Approval & Legal Compliance Once content is approved by the Client (including approval of content calendars, captions, assets, or content that proceeds due to scheduling timelines or deemed approval), full responsibility transfers to the Client for:

The accuracy and truthfulness of the content
Compliance with all applicable laws, regulations, and industry guidelines, including but not limited to AHPRA, TGA, and ACCC requirements

Stay Qreative is not responsible for legal, regulatory, or compliance issues arising from approved or scheduled content.

8.2 Shoot Safety & On-Site Liability

The Client is responsible for ensuring the safety of all persons present during photoshoots or content production sessions.

To the maximum extent permitted by law, Stay Qreative is not liable for any injury, loss, damage, or incident occurring during or in connection with a shoot.

The Client agrees to indemnify and hold harmless Stay Qreative, its employees, contractors, and representatives from any claims, liabilities, damages, or expenses arising from:

Participation in photoshoots or content production
The use of imagery or content produced under this Agreement

8.3 Reputation, Platform & Social Media Risks

A. The Client acknowledges that Stay Qreative does not control social media platforms, algorithms, third-party services, or audience behaviour and makes no guarantees regarding reach, engagement, followers, leads, or sales.

B. If a reputational issue arises directly related to content posted by Stay Qreative, the Client must notify Stay Qreative in writing. Stay Qreative will post a reasonable correction, retraction, or clarification within twenty-four (24) hours of written notice. This shall be the Client’s sole remedy and does not entitle the Client to any refund or fee reduction.

C. The Client acknowledges that once content is published, Stay Qreative cannot control audience interpretation, comments, shares, or third-party responses.

D. Fees remain payable during platform outages, account restrictions, bans, or algorithm changes.

8.4 Information Accuracy & Access

A. The Client is responsible for the accuracy, completeness, and timeliness of all information, materials, promotions, offers, and instructions provided to Stay Qreative on an ongoing basis.

B. Stay Qreative is entitled to rely on such information and is not liable for any loss or delay resulting from inaccurate, incomplete, outdated, or late materials.

C. The Client must provide reasonable access to relevant individuals, assets, and documentation required to deliver the Services.

8.5 Advice Disclaimer

Any advice or recommendations provided by Stay Qreative are opinions based on the information supplied by the Client and the scope of the Services.
Stay Qreative accepts no liability for any loss, damage, claim, or expense arising from reliance on inaccurate, incomplete, or misleading information provided by the Client. The Client releases and indemnifies Stay Qreative from any such liability.

9. INTELLECTUAL PROPERTY & PORTFOLIO RIGHTS

9.1 Ownership of Intellectual Property

A. All strategies, systems, frameworks, and methodologies developed by Stay Qreative remain the intellectual property of Stay Qreative.

B. All original materials, documents, and assets supplied by the Client remain the property of the Client.

C. Stay Qreative may retain copies of Client-supplied materials for record-keeping and service delivery purposes only.

9.2 Licence to Use Content

A. The Client is granted a non-exclusive, perpetual licence to use the content delivered by Stay Qreative for its own marketing and promotional purposes. This licence survives termination or expiry of this Agreement. Stay Qreative retains full ownership and intellectual property rights in all content unless otherwise agreed in writing.

B. Stay Qreative retains the right to showcase created work for portfolio, promotional, and marketing purposes, excluding any confidential information provided by the Client.

9.3 Information Accuracy & Advice Disclaimer The Client is responsible for the accuracy, completeness, and timeliness of all information, materials, and instructions provided to Stay Qreative. The Client acknowledges that:

A. Stay Qreative is entitled to rely on the information supplied;

B. Any advice provided is based solely on the information made available at the time;

C. Stay Qreative accepts no liability for losses arising from inaccurate, incomplete, outdated, or misleading information supplied by the Client.

10. PAYMENT TERMS & DISCOUNTS

10.1 Payment Methods Payments may be made via PayID, PayPal (for International Clients only), or bank transfer. Details will be included in invoices.

10.2 Fees & Billing Structure

A. Services may be billed at a fixed project rate or hourly rate, as outlined in the Proposal or invoice.

B. Where scope cannot be reasonably defined, hourly billing may apply and will be communicated prior to invoicing.

C. Fees are based on Stay Qreative’s standard rates, plus any approved expenses and applicable GST.

10.3 Invoicing and Payment

A. Invoices must be paid within seven (7) days unless otherwise stated.

B. Stay Qreative reserves the right to suspend services or terminate this Agreement if invoices are unpaid.

C. In the event of collection action, the Client agrees to reimburse Stay Qreative for all costs incurred, including legal fees.

D. Refer to clause 3.4.

10.4 Late Payments

A. Interest may be charged on overdue invoices at 10% per annum, calculated weekly and capped at 10% of the total invoice amount.

B. Services may be suspended or ceased with written notice if payment is unduly delayed.

D. A 7-day grace period applies before interest accrues.

10.5 Referrals Clients who successfully refer a new client to Stay Qreative will receive a $50 credit toward Stay Qreative services, provided the referral is disclosed at the time of enquiry.

10. 6 Additional Services & Fees Stay Qreative reserves the right to charge additional fees for:

out-of-scope work;
priority or expedited turnaround requests;
additional revisions outside included allowances;
third-party services or production costs.
All additional invoices are payable within seven (7) days.

11. MINIMUM COMMITMENT & TERMINATION

11.1 Minimum Commitment Social Media Management retainers require a minimum three (3) month commitment, unless otherwise stated in the Proposal.

11.2.1 Ongoing Engagement Termination

A. If the Client terminates the Agreement before the minimum commitment period:

Payment is required for all work completed to date, and
50% of the remaining fees within the contracted term.

B. Either party may terminate the Agreement by providing 28 days’ written notice.
C. Stay Qreative may terminate the Agreement immediately in the event of:

Non-payment, or
Breach of any terms of this Agreement.

D. Upon termination, the Client will pay Stay Qreative for:

Work completed up to the termination date,
Any expenses incurred, and
Reasonable costs associated with early termination.

11.2.2 One-Off Project Termination

A. Either party may terminate this Agreement with written notice. Where termination occurs after work has commenced:

all work completed to date remains payable;
any deposits paid are non-refundable; and
Stay Qreative may invoice for work in progress and reasonable costs incurred.

B. Immediate Termination Stay Qreative may terminate this Agreement immediately in the event of non-payment or material breach of this Agreement.

12. DISPUTE RESOLUTION

In the event of a dispute, the Client agrees to:
- Notify Stay Qreative in writing, detailing the nature of the dispute and desired resolution;
- Allow Stay Qreative a reasonable opportunity to resolve the matter before escalation.
Both parties agree to act in good faith to resolve disputes promptly and professionally.

13. DEDICATED ACCOUNT MANAGER

13.1 Initial Strategy & Onboarding Phase During the initial one-month strategy and onboarding phase, Stay Qreative’s founder (Aimee Joe) and/or one of Stay Qreative’s social media managers will serve as the Client’s main point of contact and oversee the development of the Client’s social media direction.

13.2 Dedicated Account Manager Assignment Following this phase, the Client’s account may be assigned a dedicated account manager to handle communication and implementation.

13.3 Changes to Account Manager

A. The Client’s assigned account manager may be changed or rotated at any point during the Agreement, based on Stay Qreative’s team availability, project needs, or internal scheduling.

B. Regardless of changes, the quality and continuity of service will be maintained to ensure consistent support and results throughout the duration of the Agreement.

14. FORCE MAJEURE Neither party will be liable to the other for any delay or failure to fulfil their obligations under this Agreement if that delay and/or failure arises from causes beyond their control. Including but not limited to:

Fire, floods, or acts of God
Acts or regulations of any government or supranational authority
War, riot, terrorist activities
Strikes, lockouts, and industrial disputes

15. COMMUNICATION

15.1 Electronic Communication Both parties recognise that e-mail and the internet are inherently insecure, may become corrupted, and are not always delivered promptly (or at all). Each party is responsible for protecting their own systems and interests; neither party will be responsible to the other for any loss or damage arising from the use of electronic communication.

15.2 Business Hours Monday–Friday, 10:00am–5:00pm (AEST/AEDT)

15.3 After-Hours Communication After-hours communication will be addressed the next business day.

15.4 Out-of-Office Notifications Stay Qreative will make reasonable efforts to inform the Client in advance of any planned downtime or out-of-office periods that may impact response times or service delivery.

15.5 Other Clients & Confidentiality Stay Qreative manages accounts for several clients. All client information will be treated confidentially, ensuring no competitive advantage is given to any one client.

15.6 Service Interruption In the event of unforeseen circumstances causing service interruptions, Stay Qreative will communicate promptly and take all reasonable steps to minimise disruption to social media management.

16. PRIVACY ACT

16.1 Collection of Personal Information Stay Qreative may collect Personal Information about your representatives, clients, and others when providing services.

16.2 Client Responsibilities The Client agrees to work with Stay Qreative to ensure compliance with the Privacy Act 1988 (Cth) (as amended). Where the Client has collected personal information, the Client confirms that it was collected in accordance with the Privacy Act and may be provided to Stay Qreative for the purpose of service delivery.

16.3 Use of Personal Information Stay Qreative will handle personal information in accordance with the Privacy Act.

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law This Agreement is governed by the laws in force in the State of Victoria.

17.2 Jurisdiction The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

17.3 Execution of Agreement This Agreement may be executed in counterparts and delivered by electronic signature in accordance with the Electronic Transactions Act 2000 (Vic).

CONFIRMATION OF TERMS

Please review this Agreement and complete the form submission and digital signature below to confirm that it reflects your understanding of the arrangements. This Agreement becomes effective upon submission and will continue for future periods unless varied or replaced by written notice from Stay Qreative.

CLIENT ACKNOWLEDGEMENT
By completing the form submission and applying a digital signature, the Client confirms that they have the authority to enter into this Agreement and agree to be bound by all terms and conditions contained herein.

Full Name

Business Name

ABN

Phone

Business Address

Today's Agreement Date required

Add ons:

I understand that Social Media Management is a strategic, long-term investment.

I understand that this Agreement is subject to a minimum commitment period and termination terms as outlined in this.

I confirm that I have reviewed and accepted the scope, inclusions, and deliverables outlined in my Proposal and understand that work outside this scope will be quoted separately.

I understand that the first month of this Agreement is dedicated to strategy and onboarding, and that no regular content will be published during this phase unless agreed in writing.

I understand that content not reviewed or amended within the approval timeframe may be auto-approved and posted.

I understand and agree to the payment terms, invoicing schedule, late payment conditions, and no-refund/no-hold policy outlined in this Agreement.

I confirm that I have read this Agreement and my Proposal in full, have had the opportunity to ask questions, and agree that this Agreement is legally binding upon submission.

Your Signature

Thank you!