UGC & Product Photography Agreement]

UGC & PRODUCT PHOTOGRAPHY AGREEMENT

This UGC & Product Photography Agreement (“Agreement”) confirms the terms, scope, objectives, and limitations of UGC content creation, product 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 OUTPUT OF THE AGREEMENT

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Superseded by a newer Agreement, or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 specific Services to be provided under this Agreement are detailed in the final Proposal issued by Stay Qreative.

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.

1.5.4 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.

2. BOOKINGS, SCHEDULING & SHOOT TIME

2.1 Scheduling All UGC & product 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 Delivery Time

Standard turnaround: 5–10 business days for UGC and Product Photography.
Express delivery options:
- 3–5 Business Day Express Delivery: +25% fee
- 24-hour Express Delivery: +50% fee

2.3 Late Arrival / Shipping

For in-studio shoots, late arrival by the Client or participants does not extend booked shoot time.
Clients are responsible for shipping products to Stay Qreative. Products within a 10 km radius may be collected by Stay Qreative at no extra charge.

3. SERVICES & PACKAGES

3.1 UGC Bundles Clients may select from the following UGC content types:

Content & Scripting
Unboxing / ASMR
Product Demo
Lifestyle
Trend Video
Testimonial / Review

Deliverables:

Edited, cropped, aligned, and fine-tuned images
Finalised videos with individual editing for each approach or compilation of themes

Bundle options: Single, 3, 5, or 10-pack of reels/images

Add-ons:

Extra product: $60 each
Extra image: $40 each
3–5 Business Day Express Delivery: +25%
24-hour Express Delivery: +50%
Raw content: +50%

3.2.1 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.

3.2.2 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.

3.2.3 Custom Packages are subject to the same terms regarding revisions, 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 full creative discretion over editing style, color grading, pacing, music selection, and overall visual direction.

4.2 Revisions (UGC & Product Deliverables) Unless otherwise stated in the Proposal:

Deliverables include up to 2 revision rounds.
Revision requests must be submitted within 5 business days of delivery.
Revisions are limited to refinements within the original creative direction.
Requests for additional products, new concepts, or changes due to incorrect client information will be billed separately.

5. PRODUCT PHOTOGRAPHY SHOOTS, MODELS, UGC CREATORS & TALENT

5.1 Shoot Planning UGC & Product Photography must be scheduled a minimum of two (2) weeks in advance to allow for creative planning, talent sourcing, and scheduling.

5.2 UGC Creators

A. UGC Creators payments are included in all packages, including Custom Packages.

B. Last-minute talent requests are not guaranteed and may incur additional charges.

6. 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.

7. CLIENT RESPONSIBILITIES AND LIABILITY

7.1 Product Handling & Shipping

The Client is responsible for shipping products or arranging drop-off at Stay Qreative Studio.
Stay Qreative is not responsible for damage during transit, storage, or handling.

7.2 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.

7.3 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.

7.4 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.

7.5 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.

8. INTELLECTUAL PROPERTY & PORTFOLIO RIGHTS

8.1 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.

8.2 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.

8.3 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.

9. PAYMENT TERMS & DISCOUNTS

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

9.2 Billing Services may be billed at a fixed rate or an hourly rate, as specified in this Agreement.

A. Where an hourly rate applies due to difficulty defining the scope, Stay Qreative will notify the Client of time spent before issuing the final invoice.

B. Professional fees are based on Stay Qreative’s regular billing rates, plus direct out-of-pocket expenses and applicable GST.

C. Fees for additional services or add-ons will be established separately and billed accordingly.

9.3 Invoicing and Payment

A. Invoices are issued fourteen (14) days prior to the first (1st) of each month.

Payment is due within seven (7) days of receipt.

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.

9.4 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.

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

9.5 Referrals: 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. If applying towards studio bookings, the studio booking must be a minimum of two hours to redeem this offer.

9.6 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.

10. TERMINATION

10.1 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.

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

11. 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.

12. DEDICATED ACCOUNT MANAGER

12.1 Initial Strategy & Onboarding Phase During the strategy and onboarding phase, Stay Qreative’s founder (Aimee Joe) and/or one of Stay Qreative’s photographers/content creators will serve as the Client’s main point of contact and oversee the development of the Client’s content direction.

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

12.3 Changes to Account Manager

A. The Client’s assigned project 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.

13. 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

14. 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.

15. 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.

16. 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!