A. The Customer wishes to engage Swipe Photography to take and provide photographs of the
Customer for his/her social media and/or dating website accounts.

B. Swipe Photography provides the services as independent contractor and the Customer is willing to
appoint Swipe Photography to provide the services, all in accordance with the provisions of this
agreement.

OPERATIVE PROVISIONS

1 Definitions and interpretation

1.1 Definitions

In this agreement unless the context indicates otherwise, the following words have the following
meanings.

Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or
civil, in contract, tort or otherwise).

Customer means the person making the booking for the Services.

GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property includes trademarks, patents, copyrights, processes know-how, registered
designs or other like rights or any right to apply for registration of any of the former.

Losses mean all losses including financial losses, damages, legal costs and other expenses of any
nature whatsoever.

Parties means Swipe Photography and the Customer, and Party means either one of them.

Photograph/Image Fee means the price payable by the Customer in addition to the Shoot Fee for
photographs/images selected and purchased by the Customer as set out in the Swipe Photography Price List as amended from time to time.

Services mean shooting, editing, and delivering photograph/image portraits of the Customer for
any personal use including for use on the Customers social media and dating accounts.

Shoot Fee means the price payable by the Customer for the Services set out in the Swipe Photography Price List as amended from time to time.

Swipe Photography means Swipe Photography (ABN 79267629547).

Swipe Photography’s Personnel means any person or persons that Swipe Photography
designates to perform the Services on Swipe Photography’s behalf.

Swipe Photography Price List means the price list appearing on the Swipe Photography website
as amended from time to time.

1.2 Interpretation
In this agreement unless the context otherwise requires:

(a) words importing any gender include every gender;

(b) words importing the singular number include the plural number and vice versa;

(c) words importing persons include firms, companies and corporations and vice versa;

(d) references to numbered clauses, paragraphs and schedules are references to the relevant
clause or paragraph in or schedule to this agreement;

(e) reference in any schedule to this agreement to numbered paragraphs relate to the numbered
paragraphs of that schedule;

(f) any obligation on any Party not to do or omit to do anything is to include an obligation not to
allow that thing to be done or omitted to be done;

(g) the headings to the clauses and schedules of this agreement are not to affect the
interpretation;

(h) any reference to an enactment includes reference to that enactment as amended or replaced
from time to time and to any subordinate legislation or byelaw made under that enactment;
and

(i) the word “including” (and related forms including “includes”) means “including without
limitation”.

2 Services

(a) Swipe Photography will provide the Services to the Customer in consideration for the
Customer paying the Shoot Fee and the Photograph/Image Fee to Swipe Photography,
subject to the provisions of this agreement.

(b) Swipe Photography and the Customer will agree the date and time for the performance of
the Services subject to the availability of Swipe Photography’s staff and/or agents.

(c) The Services will be performed by the employees or agents that Swipe Photography may
choose as most appropriate to carry out the Services.

3 Location

Swipe Photography will provide the Services in such location/s as Swipe Photography considers
appropriate.

4 Fees

4.1 Payment of Fees

(a) In consideration of the provision of the Services in accordance with this agreement, the
Customer will pay Swipe Photography the Shoot Fee and if applicable the Photograph/Image
Fee.

(b) The Shoot Fee and the Photograph/Image Fee are inclusive of any GST that may be
charged by Swipe Photography to the Customer.

(c) Payment to Swipe Photography will be made in a form acceptable to Swipe Photography,
including by credit card or Pay Pal off Swipe Photography’s website, or such other payment
method as notified by Swipe Photography in writing.

4.2 Invoicing

a) Payment of the Shoot Fee in full will be made by the Customer to Swipe Photography upon
making a booking with Swipe Photography for the Services.

(b) Swipe Photography will provide the Customer with a tax invoice in accordance with the GST
Law in relation to fees payable under this clause. When making a payment, the Customer
must quote relevant reference numbers and the invoice number.

4.3 Cancellation or postponement of a shoot

(a) Where a Customer fails to make full payment of the Shoot Fee or cancels or
postpones a booking for the Customers shoot less than (48) forty eight hours prior to
the date and time booked for the shoot, the Shoot Fee will be non-refundable and will
be retained as a payment to Swipe Photography as a reasonable pre estimation of its
loss and damage.

(b) If the same shoot is postponed for a later date a further Shoot Fee will be payable in
full prior to any rebooking.

5 Customer’s obligations

(a) During the preparation for and performance of the Services the Customer will:

1. co-operate with Swipe Photography as Swipe Photography reasonably requires;
2. provide the information that Swipe Photography reasonably requires;
   
   

(b) The Customer will not charge for Swipe Photography’s use of any facilities made available
by the Customer for the provision of the Services.

6 No partnership or employment relationship

a) Nothing in this agreement constitutes the relationship of employer and employee between
the Customer and Swipe Photography or between the Customer and Swipe Photography’s
Personnel.

(b) It is the express intention of the Parties that any such relationships are denied.

7 Use of subcontractors

(a) Swipe Photography is permitted to use other persons to provide some or all of the Services.

(b) Swipe Photography is responsible for the work of any of Swipe Photography’s Personnel

8 Disclosure and ownership of intellectual property

(a) Any intellectual property rights capable of protection arising from or in relation to the
Services are and remain the sole and exclusive property of Swipe Photography or its
nominees.

(b) The Customer specifically acknowledges that Swipe Photography is the author of the
photographs/images arising from and in relation to the provision of the Services and the first
and sole owner of all copyright of those photographs/ images. All photographs/images and
copyright remain the exclusive property of Swipe Photography without limitation.

(c) The Customer understands and agrees that the Customer is not buying the photographs/
images arising from and in relation to the provision of the Services but is paying only for a
licence to use the photographs/ images. The term of licence begins from the date Swipe
Photography receives full payment of the Photograph/Image Fee.

(d) Copyright metadata contained within any digital file provided by Swipe Photography to the
Customer may not be altered or removed without the express written consent of Swipe
Photography.

(e) Unless otherwise stated Swipe Photography retains the right to use any photographs/images
arising from and in relation to the provision of the Services for self-promotion purposes,
provided that any such use is lawful and without harm to the Customer.

(f) While Swipe Photography may choose to archive the photographs/images, it is the
Customers responsibility to properly store and archive the photographs/images. Swipe
Photography does not guarantee the availability of any photographs/images beyond the date

9 Delivery

(a) Subject to full payment of the Shoot Fee, Swipe Photography will make the
photographs/images taken in the performance of the Services available to the Customer
within 7 (seven) days of completion of the shoot so that the Customer can select which
photographs/images the Customer wishes to purchase.

(b) Swipe Photography will make the following number of photographs/images taken in the
performance of the Services available to the Customer so that the Customer can select
which photographs/images the Customer wishes to purchase:

1. No more than 45 photographs/images for a (3) three look shoot. A (3) three look shoot
   is a 1.5 hour shoot on the date and time booked – in (3) three different outfits of
   clothing (clothing to be selected and provided by the Customer) at up to (3) three
   different locations within close proximity – such location/s to be selected by Swipe
   Photography; or
2.  No more than 60 photographs/images for a (4) four look shoot. A (4) four look shoot is
   a 2 hour shoot on the date and time booked – in (4) four different outfits of clothing
   (clothing to be selected and provided by the Customer) at up to (4) four different
   locations within close proximity – such location/s to be selected by Swipe Photography.

(c) Swipe Photography will give access to the photographs/images to the Customer for viewing
and selection by any means it deems appropriate but in most cases this will be by uploading
the images onto www.Shoot proof.com which the Customer will be able to access, subject to
full payment of the Shoot Fee having been made.

(d) Access to enable selection of the photographs/images to be purchased will be given to the
Customer for a period of no less than 14 days.

(e) Photographs/images selected by the Customer for purchase will be delivered to the
Customer by email in digital form within 7 days after payment of the full Photograph/Image
Fee.

(f) The Customer will notify Swipe Photography of the Customers email address at the time of
payment of the Shoot Fee.

(g) Swipe Photography is committed to providing high quality services. Unless otherwise
specified in writing, Swipe Photography may deliver, and the Customer agrees to accept, the
photographs/images encoded in an industry standard data format that Swipe Photography
may select, at a resolution that Swipe Photography determines will be suitable to the
reproduction technology and uses for which the photographs are licenced.

(h) In no event will Swipe Photography be liable for poor reproduction quality, delays, losses,
expenses, or consequential damage resulting directly or indirectly from defects or errors in
digital files or their use.

10 Warranties, liability and indemnities

10.1 Warranties

(a) Swipe Photography warrants that it will use reasonable care and skill in performing the
Services to the standard generally accepted within the industry, sector or profession in which
Swipe Photography operates for the type of services provided by Swipe Photography.

(b) If a reshoot is required for reasons beyond the control of Swipe Photography, including but
not limited to, weather conditions, acts of God or the fault of a third party, Swipe
Photography will not charge an additional Shoot Fee.

(c) Provided Swipe Photography has executed the Services in a competent manner, the
Customer agrees to accept the Services whether or not the Customer uses any of the
photographs/images.

10.2 No warranties in relation to completion

Swipe Photography provides no warranty that any result or objective can or will be achieved or
attained at all in relation to the Services.

10.3 Limitation on liability

(a) Except in the case of death or personal injury caused by Swipe Photography’s negligence,
the liability of Swipe Photography and Swipe Photography’s Personnel and any other Swipe
Photography contractors and representatives under or in connection with this agreement
whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not
exceed the Shoot Fee paid by the Customer to Swipe Photography under this agreement.

(b) Swipe Photography and Swipe Photography’s Personnel and any other Swipe Photography
contractors and representatives is not liable to the Customer in contract, tort, negligence,
breach of statutory duty or otherwise for any Losses, Claims, damage, costs or expenses of
any nature whatsoever incurred or suffered by that the Customer of an indirect or
consequential nature including any economic loss or other loss of turnover, profits, business
or goodwill.

(c) The Customer will indemnify, defend and hold harmless, Swipe Photography and Swipe
Photography’s Personnel and any other Swipe Photography contractors and representatives,

against any and all claims, liabilities, damages, Losses, Claims, costs and expenses,
including reasonable legal fees and expenses, arising from the Customer’s use of the
photographs delivered to the Customer as part of the Services.

(d) The Customer is aware the optical, magnetic, electronic and other media for the storing
digital data are inherently unstable. The Customer hereby releases Swipe Photography and
Swipe Photography’s Personnel and any other Swipe Photography contractors and
representatives, from any liability for any claims, damages or costs arising from any media
supplied by Swipe Photography which may become unusable.

10.4 No reliance

Each of the Parties acknowledges that, in entering into this agreement, it does not do so in reliance
on any representation, warranty or other provision except as expressly provided in this agreement.
Any conditions, warranties or other terms implied by statute or common law are excluded from this
agreement to the fullest extent permitted by law.

11 Termination 

(a) Swipe Photography may terminate this agreement by notice in writing to the Customer if the
Customer fails to observe any fundamental term of this agreement.

12 General

12.1 Force majeure

(a) Neither Party has any liability under or may be deemed to be in breach of this agreement for
any delays or failures in performance of this agreement which result from circumstances
beyond the reasonable control of that Party.

(b) The Party affected by these circumstances must promptly notify the other Party in writing
when such circumstances cause a delay or failure in performance and when they cease to
do so.

12.2 Amendment

This agreement may only be amended in writing signed by duly authorised representatives of the
Parties.

12.3 Assignment

(a) The Customer may not assign delegate, subcontract or otherwise transfer any or all his/her
rights and obligations under this agreement without the prior written agreement of Swipe
Photography.

(b) Swipe Photography may assign and transfer all of its rights and obligations under this
agreement to any person to which it transfers or it business, provided that the assignee
undertakes in writing to the Customer to be bound by the obligations of the assignor under
this agreement.

12.4 Entire agreement

(a) This agreement contains the whole agreement between the Parties in respect of the subject
matter of the agreement.

(b) The Parties confirm that they have not entered into this agreement on the basis of any
representation that is not expressly incorporated into this agreement.

12.5 Waiver

(a) No failure or delay by Swipe Photography in exercising any right, power or privilege under
this agreement will impair the same or operate as a waiver of the same nor may any single
or partial exercise of any right, power or privilege preclude any further exercise of the same
or the exercise of any other right, power or privilege.

(b) The rights and remedies provided in this agreement are cumulative and not exclusive of any
rights and remedies provided by law.

12.6 Agency, partnership etc.

(a) This agreement will not constitute or imply any partnership, joint venture, agency, fiduciary
relationship or other relationship between the Parties other than the contractual relationship
expressly provided for in this agreement.

(b) Neither Party will have, nor represent that it has, any authority to make any commitments on
the other Party’s behalf.

12.7 Further assurance

The Customer must do all things reasonably necessary to carry out the provisions of this
agreement or to make it easier to enforce.

12.8 Severance

If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or
unenforceable, the provision will, to the extent required, be severed from this agreement and
rendered ineffective as far as possible without modifying the remaining provisions of this
agreement, and will not in any way affect any other circumstances of or the validity or enforcement
of this agreement.

12.9 Notices

A notice or other communication connected with this agreement has no legal effect unless it is in
writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the addressee, or by email to the addressee.

12.10 Law and jurisdiction

This agreement takes effect, is governed by, and will be construed in accordance with the laws
from time to time in force in Victoria Australia. The Parties submit to the non-exclusive jurisdiction
of the courts of Victoria.

13 Acceptance of the terms of this agreement

The Customer will be deemed to have accepted the terms of this agreement upon clicking
the phrase “I agree” on a softcopy version of these terms and conditions on Swipe
Photography’s website or by making a booking with Swipe Photography for the Services