Penson Creative – Terms & Conditions.

last updated: January 19th 2026

By engaging Penson Creative, submitting a booking request, signing a quote, or proceeding with any photography or videography services, you confirm that you have read, understood, and agree to the following Terms & Conditions.

These Terms & Conditions apply to all services provided by Penson Creative unless otherwise agreed in writing.

1. Definitions

  • “Penson Creative”, “we”, “us”, “our” refers to Penson Creative.

  • “Client”, “you”, “your” refers to the individual or entity engaging our services.

  • “Services” refers to any photography, videography, drone, editing, content creation, or related media services provided by Penson Creative.

  • “Deliverables” refers to the final edited images, videos, or other media supplied to the client.

2. Booking & Confirmation

  • Bookings are considered confirmed upon submission of a booking request, acceptance of a quote, or written confirmation, and are subject to availability.

  • Penson Creative reserves the right to decline or reschedule bookings where availability, safety, or operational constraints apply.

  • Booking confirmations do not guarantee a specific number of images, videos, or final deliverables unless explicitly stated in writing.

3. Cancellations & Rescheduling

  • Cancellations or rescheduling requests made within a short notice period may incur a cancellation or rescheduling fee.

  • Cancellation and rescheduling terms vary depending on the service type and notice period.

  • Full details are outlined in our Cancellation & Rescheduling Policy, which forms part of these Terms & Conditions:
    👉 https://www.pensoncreative.com.au/cancellation-policy

  • By proceeding with a booking, you acknowledge that you have reviewed and accepted the Cancellation & Rescheduling Policy.

4. Payment & Invoicing

  • Invoices are issued following the completion of services unless otherwise agreed in writing.

  • Payment terms are stated on the invoice and must be adhered to.

  • Late payments may result in:

    • Withholding of deliverables

    • Additional fees

    • Suspension of ongoing or future services

  • All prices are exclusive of GST unless stated otherwise.

5. Access, Readiness & Client Responsibilities

  • The client is responsible for ensuring that locations, properties, venues, or subjects are:

    • Accessible

    • Safe

    • Clean

    • Ready at the scheduled time

  • Delays caused by lack of access, unprepared spaces, or client-side issues may result in:

    • Reduced coverage

    • Modified deliverables

    • Additional fees

  • Penson Creative is not responsible for compromised results due to environmental, access, or preparation issues beyond our control.

6. Weather & Environmental Conditions

  • Outdoor services are subject to weather conditions.

  • Penson Creative reserves the right to:

    • Modify shooting plans

    • Reschedule services

    • Offer alternative solutions
      where weather or environmental conditions pose safety or quality concerns.

  • Weather-based decisions are made at the discretion of Penson Creative.

7. Drone Services

  • Drone photography and videography are subject to:

    • CASA regulations

    • Airspace restrictions

    • Council, venue, or landowner permissions

    • Weather and safety conditions

  • If drone operations are not permitted or deemed unsafe:

    • An alternative service may be provided, or

    • A reschedule may be offered where appropriate

  • No guarantee is made that drone services can be delivered in all locations or conditions.

8. Creative Discretion

  • Penson Creative retains full creative discretion over:

    • Shooting approach

    • Composition

    • Lighting

    • Editing style

    • Final image and video selection

  • Raw, unedited files are not supplied unless agreed in writing.

  • Requests for revisions must align with the original brief and agreed scope of work.

9. Deliverables & Turnaround Times

  • Estimated turnaround times are provided as a guide only.

  • Delays may occur due to:

    • Editing complexity

    • Client revisions

    • Peak periods

    • Circumstances beyond our control

  • Penson Creative is not liable for losses incurred due to delayed delivery.

10. Usage, Copyright & Licensing

  • All imagery and media remain the intellectual property of Penson Creative.

  • Clients are granted a licence to use the delivered content for agreed purposes, such as:

    • Marketing

    • Advertising

    • Websites

    • Social media

    • Promotional materials

  • Usage outside the agreed scope, resale, or third-party distribution requires written permission.

  • Penson Creative retains the right to use all content for:

    • Portfolio

    • Website

    • Social media

    • Marketing and promotional purposes
      unless otherwise agreed in writing.

11. Third-Party Platforms & Distribution

  • Penson Creative is not responsible for:

    • Platform compression

    • Algorithm changes

    • Loss of quality on social media or third-party platforms

  • Responsibility for compliance with platform terms rests with the client.

12. Limitation of Liability

  • To the maximum extent permitted by law:

    • Penson Creative’s liability is limited to the value of the services booked

  • Penson Creative is not liable for:

    • Indirect or consequential losses

    • Loss of profits, business, or opportunity

  • Nothing in these Terms limits rights under Australian Consumer Law where applicable.

13. Indemnity

  • The client agrees to indemnify and hold harmless Penson Creative against any claims, damages, or liabilities arising from:

    • Client instructions

    • Unsafe conditions

    • Breach of these Terms & Conditions

    • Third-party claims related to content use

14. Force Majeure

Penson Creative is not liable for failure or delay in performing services due to events beyond reasonable control, including but not limited to:

  • Natural disasters

  • Illness or injury

  • Government restrictions

  • Equipment failure beyond reasonable mitigation

15. Amendments

  • Penson Creative reserves the right to update these Terms & Conditions at any time.

  • The version in effect at the time of booking will apply.

16. Governing Law

These Terms & Conditions are governed by the laws of South Australia, and the parties submit to the jurisdiction of South Australian courts.

Acceptance

By ticking the acceptance box, submitting a booking, or proceeding with services, you acknowledge that you have read, understood, and agree to these Terms & Conditions.