Terms of Service for Soda Media Effective Date: July 2024
Welcome to Soda Media. By engaging with us or using our website and/or services, you agree to comply with and be bound by these Terms of Service. If you do not agree, please contact us to discuss further.

1. Edits and Amendments

Clients must request edits within 7 days of receiving proofs. Late edits may incur additional costs starting at $50/hour, depending on complexity. Each shoot includes up to 3 amendments to the final product, requested within 7 days. Additional amendments incur charges starting at $50/hour, based on the work involved.

2. Refund and Cancellation Policy

Clients have a 7-day refund period after booking. Unless otherwise stated, deposits and payments are non-refundable after this period, except where required by law (e.g., if services fail to meet consumer guarantees). Clients may reschedule with at least 24 hours’ notice without penalty. Changes with less notice may incur a rescheduling fee to cover costs. No-shows without 24 hours’ notice will incur a fee to cover preparation expenses, up to the full shoot price.

3. Additional Purchases

Any additional purchases, such as prints or photo albums, must be confirmed within 30 days of the initial service.

4. Content Ownership and Usage

Soda Media retains ownership of all media produced during the shoot. Clients grant Soda Media the right to use selected images for marketing and promotional purposes, with consent confirmed at booking. Soda Media will wait 3 weeks after the shoot date before posting publicly, but reserves the right to post a 24-hour “Story” on social media on the shoot day unless otherwise stipulated.

5. Media Hosting

Media shared with clients will be hosted online for up to 3 months. After this period, additional charges may apply for continued hosting.

6. Service Fees

A service fee of at least $250 (or actual expenses incurred, whichever is higher) will apply for shoots booked in advance where the client does not show up at the arranged time and date without 24 hours’ notice. This fee may vary based on location and parties involved, reflecting preparation costs.

7. Editing Specifications

Standard editing includes light colour correction but does not cover extensive photoshopping or the removal of objects or people within the image unless previously discussed and agreed upon.

8. Subcontractors

Soda Media may employ subcontractors to assist with various sessions and roles across different projects. All subcontractors will operate under these Terms of Service.

9. Raw Footage

Soda Media commits to providing professionally edited photos and/or videos. If clients request raw footage post-invoice and delivery, an additional fee will apply for unedited content.

10. Payment to Contractors

Any payments owed to contractors engaged by Soda Media will be settled post-event, once services have been delivered and invoiced.

11. Behind-the-Scenes Content

Soda Media reserves the right to capture behind-the-scenes content during shoots, which may be used for promotional purposes on social media and other platforms. This content will be used no sooner than 2 weeks post-event.

12. Force Majeure

Soda Media shall not be liable for any failure to perform its obligations under these Terms of Service if such failure results from circumstances beyond its reasonable control, including but not limited to acts of nature (rain, hail, storms, etc.), war, terrorism, labor disputes, government actions, or other force majeure events. In such cases, Soda Media will make reasonable efforts to notify clients of delays and reschedule services as soon as possible.

13. Client Responsibilities

Clients are responsible for obtaining necessary permissions or permits for shoot locations and ensuring all individuals involved consent to being photographed or filmed. Clients must provide accurate information about their needs and expectations. Failure to do so may result in additional charges or service limitations.

14. Limitation of Liability

Soda Media shall not be liable for indirect, incidental, or consequential damages arising from the use of our services, except where prohibited by law (e.g., under consumer guarantees). Our total liability shall not exceed the amount paid by the client for the services rendered.

15. Governing Law

These Terms of Service are governed by the laws of New South Wales. Any disputes arising from these terms shall be resolved in Australian courts.

16. Changes to Terms

Soda Media reserves the right to modify these Terms of Service at any time. Changes will be posted on this page and apply to new bookings only, effective immediately upon posting.

17. Outstanding Invoices or Payments

Full payment is due before the shoot if not within 7 days of the invoice date. After 30 days if no payment is yet to be received an initial late fee of $15 will become payable 7 days after the due date, following an initial email notification. Thereafter, an additional $15 will apply per subsequent follow-up email to cover administrative costs, capped at 50% of the invoice total. All fees will be itemised.

18. Edits and Amendments

Clients must request edits within 7 days of receiving proofs. Late edits may incur additional costs starting at $100/hour, depending on complexity. Each shoot includes up to 3 amendments to the final product, requested within 7 days. Additional amendments incur charges starting at $100/hour, based on the work involved.