I want every booking to run smoothly for everyone involved. These Terms & Conditions explain how I work, what you can expect from me, and what I ask from clients in return. If you have any questions or need something a little different, please get in touch before your booking, I'm always happy to discuss your project.
 

DARKSIDE FAIRY – TERMS & CONDITIONS (INCLUDING PRIVACY POLICY)

 

Amy Driscoll trading as Darkside Fairy
ABN: 88 241 898 992
Email: darksidefairy.amy@gmail.com
Instagram: @darkside.fairy

 

These Terms & Conditions apply to all enquiries, bookings, photography, videography and related services provided by Amy Driscoll trading as Darkside Fairy ("Darkside Fairy").
 

Nothing in these Terms & Conditions excludes, restricts or modifies any rights, remedies, guarantees or protections that cannot lawfully be excluded or limited under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL). If any part of these Terms is inconsistent with the ACL, it will apply only to the extent permitted by law.
 

Booking & Payment

Payment is due within 3 calendar days of the invoice date unless another arrangement has been agreed to in writing.
 

If you require additional time, please contact Darkside Fairy within those three days. Reasonable payment arrangements may be considered where appropriate.

Bookings are not considered confirmed until any required deposit or agreed payment has been received.
 

Darkside Fairy reserves the right to withhold photographs, videos, galleries or any other deliverables until outstanding invoices have been paid in full. Repeated late payments, unpaid invoices or failure to communicate regarding payment may result in future bookings requiring partial or full pre-payment.
 

Turnaround Times.

Delivery timeframes vary depending on the size of the project, editing requirements, workload, event schedules and business commitments. Estimated turnaround times will generally be discussed before or shortly after the booking.

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Delivery may take slightly longer during busy periods, festival seasons, touring schedules or multi-day events. If unexpected delays occur, Darkside Fairy will make reasonable efforts to keep clients informed. Rush editing or priority delivery may be available by prior agreement and may incur an additional fee.

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Editing & Creative Style

By booking Darkside Fairy, the client acknowledges they are engaging the photographer and videographer for a distinctive creative style.
 

Editing, colour grading, cropping, composition, image selection and overall creative direction remain at the sole discretion of Darkside Fairy and form part of the artistic service being purchased. Reasonable revision requests may be considered where practical, however extensive changes or additional editing outside the agreed scope of work may incur additional fees.
 

Photography RAW files are not included and will not be supplied, however for video projects, all usable RAW footage is included unless otherwise agreed in writing.
 

Audio Services

Unless specifically agreed in writing before the booking:
 

• Audio engineering is not included.

• Audio mixing is not included.

• Audio mastering is not included.

• Noise reduction or audio restoration is not included.

• Audio cleanup services are not included.
   

Where professionally recorded audio already exists, it may be synchronised with the supplied footage where appropriate.
 

Copyright & Client Licence

Unless otherwise agreed in writing, all photographs, videos and creative works produced by Darkside Fairy remain the copyright of Amy Driscoll trading as Darkside Fairy.

Booking photography or videography services does not transfer copyright ownership.
 

Upon full payment, clients receive a non-exclusive licence to use the delivered content for their own legitimate promotional purposes, including:
 

• Social media

• Websites

• Artist and band promotion

• Event promotion

• Electronic Press Kits (EPKs)

• Spotify, Apple Music, Bandcamp, YouTube and similar streaming platforms

• Posters and flyers

• Marketing relating to themselves, their business, band, venue or event

• Editorial or press coverage directly relating to the client
   

Clients must not alter, heavily edit, manipulate, apply filters to or otherwise modify delivered content in a way that misrepresents Darkside Fairy's work unless prior written permission has been obtained. Commercial resale, licensing to third parties, stock library submissions, merchandise production or any commercial use beyond the client's own promotion requires prior written permission from Darkside Fairy.
 

Photographer credit is appreciated wherever reasonably practical: @darkside.fairy
 

Artificial Intelligence (AI)

All photographs, videos, edited media, RAW footage and other creative works produced by Darkside Fairy are strictly prohibited from being used for:

• Artificial Intelligence (AI)

• Machine learning

• Dataset creation

• AI training

• AI enhancement

• Image or video generation

• Data scraping

• Synthetic media

• Any current or future AI-related purpose
   

No licence or permission will be granted for AI use unless expressly agreed in writing. Unauthorised AI use constitutes a breach of these Terms & Conditions and may result in copyright enforcement or any other remedies available under Australian law.
 

Portfolio & Promotion

Unless otherwise agreed in writing before the booking, Darkside Fairy reserves the right to use photographs, videos and other content created during a booking for:
 

• Portfolio display

• Website content

• Social media

• Business promotion

• Printed displays

• Marketing material

• Professional competitions

• Award submissions

• Educational presentations relating to the business
   

Client privacy requests will always be considered where discussed before the booking.
 

Live Music & Event Coverage

Every event is unique While every reasonable effort will be made to capture important moments, Darkside Fairy cannot guarantee particular photographs, songs, poses, performances, crowd interactions, artist interactions or individual moments. Coverage may be affected by circumstances outside reasonable control, including:
 

• Venue restrictions

• Media accreditation limitations

• Security restrictions

• Stage access

• Artist movement

• Crowd interference

• Audience behaviour

• Lighting conditions

• Smoke or haze

• Lasers

• Weather

• Delays to event schedules

• Venue directions

• Third-party instructions
   

Darkside Fairy will always work to provide the best possible coverage under the conditions available.
 

Lasers & Equipment Safety

Many concerts, festivals, clubs and live events use lasers, strobes, pyrotechnics, smoke effects and other high-intensity lighting capable of permanently damaging professional camera equipment. Where reasonably necessary to protect equipment or ensure personal safety, Darkside Fairy may:
 

• Change shooting locations

• Modify coverage

• Pause photography or videography

• Stop coverage in affected areas

• Cease coverage where equipment damage or personal safety is at significant risk
   

These actions will not be considered a failure to provide services where they are reasonably necessary.
 

Travel, Venues & Additional Costs

Unless otherwise agreed in writing:
 

• Travel fees may apply for bookings located more than 30 kilometres from Brisbane CBD, Queensland.

• Studio hire fees are the responsibility of the client.

• Venue hire fees are the responsibility of the client.

• Entry fees are the responsibility of the client.

• Permit costs are the responsibility of the client.

• Any location fees or access charges are the responsibility of the client.
   

If additional travel, accommodation or parking expenses are reasonably required for a booking, these will be discussed with the client before confirmation wherever possible.
 

Music Used in Videos

Music included within highlight reels is intended primarily for promotional and social media use.

Clients are responsible for ensuring any content they publish complies with applicable copyright laws, music licensing requirements and the policies of the platform on which the content is uploaded. Darkside Fairy cannot guarantee that third-party platforms will not mute, remove or restrict content due to copyright claims.
 

Cancellations & Rescheduling

Bookings cancelled within 48 hours of the scheduled booking may result in deposits or payments being retained to cover preparation, planning, travel and the loss of booking opportunities, where permitted by law.
 

Rescheduling requests will be accommodated where reasonably possible and are subject to availability. Repeated cancellations, repeated short-notice changes, no-shows or continual rescheduling may result in future bookings being declined.
 

If Darkside Fairy is required to cancel a booking due to unforeseen circumstances, reasonable efforts will be made to reschedule the booking or recommend an alternative photographer or videographer where appropriate. A replacement cannot be guaranteed.
 

Client Responsibilities

The client is responsible for obtaining any permissions, approvals, permits, venue access, licences or consents required for the booking unless otherwise agreed in writing.
 

Where another party, including but not limited to a venue, promoter, event organiser, artist management, security staff or third-party supplier, restricts access, delays services or otherwise affects coverage, Darkside Fairy is not responsible for any resulting reduction in coverage or changes to the final deliverables that are outside Darkside Fairy's reasonable control.
 

Clients are responsible for ensuring that all relevant parties are aware that photography or videography is taking place where appropriate.

Client Conduct Darkside Fairy is committed to providing a safe, respectful and professional working environment. Darkside Fairy reserves the right to refuse, suspend or discontinue services where a client, or any person associated with the client or booking, behaves in an abusive, threatening, discriminatory, harassing, unlawful, intoxicated, unsafe or otherwise inappropriate manner towards Darkside Fairy or any other person.
 

This includes behaviour directed towards venue staff, artists, performers, event organisers, contractors, security personnel, members of the public or any other individual present. Where services are discontinued due to inappropriate behaviour, refunds will generally not be provided to the extent permitted by law.

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Force Majeure

Darkside Fairy is not responsible for delays, interruptions or cancellations caused by circumstances outside reasonable control.

These may include, but are not limited to:

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• Illness or injury

• Family emergencies

• Severe weather

• Floods

• Bushfires

• Natural disasters

• Government restrictions

• Venue closures

• Power failures

• Transport disruptions

• Equipment failure

• Internet outages

• Emergency situations

• Civil disturbances

• Any other unforeseen event beyond reasonable control
   

Where possible, reasonable efforts will be made to communicate with clients promptly, discuss available options and work towards a suitable outcome. Where appropriate, Darkside Fairy may assist in recommending another photographer or videographer; however, a replacement cannot be guaranteed.
 

Liability

Every reasonable effort is taken to safely capture, edit, store and deliver your content using professional equipment and industry-standard practices.

Darkside Fairy is not liable for delays, interruptions or failure to provide services resulting from circumstances genuinely outside Darkside Fairy's reasonable control, including venue restrictions, security directions, third-party platform failures, equipment damage caused by venue conditions or other unforeseen events.

In the unlikely event of equipment failure, corrupted files, accidental loss or other technical issues, Darkside Fairy will take reasonable steps to recover, replace or otherwise remedy the affected services where reasonably possible.
 

Where recovery is not reasonably possible, any liability will be limited to the extent permitted by law. Nothing in these Terms & Conditions excludes, restricts or modifies any rights, guarantees or remedies that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
 

File Storage

Completed galleries and delivered files should be downloaded and backed up by the client as soon as reasonably possible. While Darkside Fairy may retain copies of completed projects for a period of time, long-term storage is not guaranteed. Requests for replacement downloads or re-delivery after completion may not always be possible. Clients are responsible for maintaining their own backups once files have been successfully delivered.
 

Complimentary & Collaboration Projects

These Terms & Conditions apply equally to:

• Complimentary shoots

• Portfolio-building sessions

• Creative collaborations

• Content exchanges

• Sponsored projects

• Discounted services

• Unpaid arrangements
   

Unless otherwise agreed in writing, copyright remains with Darkside Fairy and no ownership rights are transferred.
 

Privacy

Darkside Fairy respects your privacy and is committed to handling personal information responsibly. Personal information collected during enquiries, bookings and the provision of services may include your name, contact details, business or artist information, event details, billing information and any other information you choose to provide. This information may be collected for purposes including:
 

• Responding to enquiries

• Managing bookings

• Providing photography and videography services

• Issuing invoices

• Processing payments

• Delivering photographs and videos

• Communicating before, during and after your booking

• Meeting legal, taxation and business record-keeping obligations
   

Personal information will not be sold or disclosed to third parties except where reasonably necessary to provide the agreed services, where required by law or with your consent. This may include trusted third-party providers used for:
 

• Online galleries

• Cloud storage

• File delivery

• Payment processing

• Accounting

• Website hosting

• Business administration
   

Reasonable steps are taken to protect personal information against unauthorised access, misuse, loss or disclosure. However, no electronic transmission or online storage system can be guaranteed to be completely secure. By engaging Darkside Fairy's services, you consent to the collection, use and storage of your information as described in these Terms & Conditions.You may request access to or correction of your personal information by contacting Darkside Fairy, subject to any legal obligations or exemptions under Australian law. This Privacy section is intended to operate in accordance with the Privacy Act 1988 (Cth) and, where applicable, the Australian Privacy Principles (APPs).
 

Entire Agreement

These Terms & Conditions, together with any written quotation, invoice, booking confirmation, agreed deliverables and any other written agreement between Darkside Fairy and the client, constitute the entire agreement between the parties. Any changes, additions or special arrangements must be agreed to in writing by both parties.

These Terms supersede any prior verbal discussions or understandings to the extent permitted by law.
 

Severability

If any provision of these Terms & Conditions is found to be unlawful, invalid or unenforceable, that provision will be interpreted, read down or severed only to the extent necessary to comply with applicable law. The remaining provisions will continue in full force and effect.
 

Governing Law

These Terms & Conditions are governed by the laws of Queensland, Australia. Any dispute arising from these Terms & Conditions or the services provided by Darkside Fairy will be subject to the jurisdiction of the courts of Queensland, Australia.
 

Acceptance

By requesting or confirming a booking, attending or participating in a shoot, making payment, accepting delivery of any content or otherwise engaging Darkside Fairy's services, the client acknowledges that they have read, understood and agreed to these Terms & Conditions.
 

Questions or Special Requests

Every project is different, and Darkside Fairy understands that not every booking fits a standard package.
 

If you have any questions about these Terms & Conditions, require clarification or would like to request something outside the standard services, please get in touch before your booking. Wherever reasonably possible, Darkside Fairy is happy to discuss your project and work towards a practical solution.
 

Any approved changes, additional services or special arrangements should be confirmed in writing so both parties have a clear understanding of what has been agreed.

Thank you for trusting Darkside Fairy to capture your chaos.
 

Darkside Fairy
Heartbeat Within The Darkness