Terms & Policies

 

THIS AGREEMENT GOVERNS YOUR (THE CUSTOMER, “YOU”) USE OF “THE LATEST” WEBSITE AND ANY PURCHASES, BOOKINGS, SERVICES, SUBCRIPTIONS OR OTHER COMMITTED ITEMS COMING FROM THE LATEST’S OR SUBSIDUARY WEBSITES. 

This Website and any subsidiaries that The Latest uses, herein referred to as, (the “Website”), are reserved or owned and operated by The Latest. Access and use of this Website is provided by The Latest to you on condition that you accept the Terms of Use written on this page, and by accessing or using this Website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website.

The Latest may revise and update these Terms of Use at any time and without notice. It is your responsibility to ensure you have reviewed the most current Terms of Use posted on the Website prior to engaging in the website. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Website and its contents (the "Content") are intended for customers of The Latest. You may not use this Website or the Content for any purpose not related to your business with The Latest. You are specifically prohibited from: (a) unauthorised downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with The Latest; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any product or service if you are not expressly authorized by The Latest or approved The Latest ‘party’ to do so; and (e) using the Website or the Content other than for its intended purpose.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on this Website (the “Materials”) are the property of The Latest and its licensors are almost always protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with The Latest, any other use of these Materials without The Latest's written permission is strictly prohibited.

The Materials may only be used and copied for your own purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

© 2018 The Latest. All rights reserved.

Privacy

The Latest is committed to respecting the privacy of the personal information of the individuals with whom we interact. Please see our Privacy Policy for further details.

Currency of Website

The Latest updates the information on this Website regularly. However, The Latest cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. The Latest may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Websites

This Website may provide links to third party Websites for your convenience only. The inclusion of these links does not imply that The Latest monitors or endorses these Websites. The Latest does not accept any responsibility for such Websites. The Latest shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Websites or linked resources.

Website and Materials Provided "As Is"

THIS WEBSITE AND THE CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE LATEST DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL THE LATEST BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

Indemnification

You agree to indemnify and hold The Latest harmless against all claims or liability asserted against The Latest arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Feel free to email The Latest at hello@thelatest.co However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. The Latest is not liable for any damages related to communications to or from this Website. You agree with respect to any information provided by you to us through this Website or via e-mail that:

  • The Latest has no obligation concerning such information;

  • the information is non-confidential;

  • The Latest may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and

  • the information is truthful and disclosure of the information does not violate the legal rights of others.

General

The Latest’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Photoshoots

As no two photoshoots are ever the same, the chosen shoot locations, image inclusions and framings are all set with The Latest’s full discretion.

 

Bookings for photoshoots

We want you to have the best experience at our photoshoots, and to do so, certain rules need following in order to provide you and others like you with a great experience that you will want to tell all your friends about. Bookings for photoshoots are made online at The Latest’s Website. Bookings are only secured once the booking fee has been received by The Latest. In any case that a booking is not secured (payment not made, timeslot disappears, website drop out or timeout, inability to process request, etc.), through fault of The Latest, internet connection, third party or you as the customer, The Latest accepts no responsibility for any obligation to follow through with the booking request. Furthermore, The Latest accepts no liability for any damages whatsoever, direct or indirect, punitive or incidental following a failed booking or booking request. If you are unsure whether a booking has been secured, please feel free to email us at hello@thelatest.co to doublecheck your booking is secured and booking information is correct.

The Latest has the ability, without reservation, to move, postpone or cancel a photoshoot for any reason. If a photoshoot has been moved or postponed as directed by The Latest, we will be in contact with you to meet at another mutually beneficial time. If a photoshoot has been cancelled (and not moved to another time) by The Latest, The Latest will fully refund you the booking fee. If however, you simply don’t turn up to the photoshoot, miss your appointment timeslot, cancel or cannot make it for any other reason, The Latest is under no obligation to reschedule another timeslot and your booking timeslot is forfeited, without renegotiation. All photoshoot timeslots must be strictly adhered to and all bookings are non-refundable, except if cancelled by The Latest under extra-ordinary situations and completely governed at The Latest’s discretion. 

 

Purchased Images (subscriptions or photoshoots)

All purchased images by the Customer are strictly final and without ability for any post-work or editing attachment. At The Latest, we pride ourselves on producing images that we believe you will love and want more of, so if you have any questions about the images or shoots we take, an idea for a shoot (prop or the like) that you are interested in seeing, please feel free to contact us at hello@thelatest.co If for whatever reason, you are unhappy with your images, please contact us at hello@thelatest.co so we can understand what you are unhappy with. We want you to be stoked with your images and will endeavour to assist you however we can within reason.

You assume rights to reproduce and display all work (images) upon successful payment for the images. 

 

Subscriptions (product or service)

All subscriptions are governed by the package you have chosen and the below common terms that underpin them. These terms for product subscriptions are as below:

Product subscriptions

  • At The Latest, we will do our very best to shoot and edit in line with your brand and your expectations, however ultimately, creative expression and direction is at the discretion of The Latest. If you have any concern with the photos provided, The Latest will endeavour to work in as close with you as is reasonably achievable. However, once images have been sent to you (via gallery or other means), they are final.

  • The Latest will provide you with the best uninterrupted service possible, and so once a subscription has started, it is ongoing (perpetual) until your written intent to cancel has been received and acknowledged by hello@thelatest.co. In the event of a cancellation, it is the responsibility of you to provide postage costs or the stamped postage bag to The Latest. If you do not wish to do this, there are two alternative options. 1. You may donate the product to The Latest for free ($0). 2. The Latest can organise postage of your product/s once the postage quote has been paid by you. 

  • The Latest may at any time for any reason, choose to alter or cancel the subscription conditions. You will be notified prior to any changed in condition changes and be given an ‘opt out’ opportunity. This opportunity is only available for immediate use (within five business days) as presented by The Latest. If you choose to not continue with the new or changed conditions, you must notify The Latest immediately (within 5 business days of your notification) at by hello@thelatest.co. Once The Latest has acknowledged this request, we will continue under the original agreed conditions providing your service until the remaining calendar month time has expired, and then cease further work or renewal charge to you. If The Latest chooses to cancel your subscription package, then you will be notified as soon as possible and The Latest will continue under the original agreed conditions providing your service until the remaining calendar month time has expired, and then cease further work or renewal charge to you.

  • Only the representative that purchases and starts a subscription can cancel a subscription. If a third party wants to cancel a subscription on another (approved) accountholder, they must send written approval to The Latest in writing or in email at hello@thelatest.co. Once The Latest can verify this information and confirm permission to cancel, The Latest will cancel subscription renewal and continue under the original agreed conditions providing your service until the remaining calendar month time has expired, and then cease further work or renewal charge to you.

  • Any movement in subscription level, as requested by the accountholder and confirmed by The Latest will be in effect starting the first day of the following calendar month. The current month (with which the request was placed) will remain unchanged in subscription cost and service provided to you. 

  • We do not give refunds for subscriptions for any reasons, except that in the event of an emergency where the subscription service by The Latest cannot be provided. In this unlikely event, The Latest will contact you via email or phone (if provided) beforehand.

  • The Latest may continually use photos from the subscription service (in any colour format or edit) for any promotion of its choosing. 

  • Any products (including any approved material (by The Latest) to be photographed) you have sent/transported for a subscription service are your responsibility. Similarly, if the subscription service has concluded, it is again your responsibility to see your products returned safely from The Latest. The Latest will do its best to take great care with your products, however The Latest does not accept any responsibility in the condition of the product during transportation both to The Latest or when it is returned. If you are unable to secure postage for the return of the product/s to you, The Latest will quote the cost to return to you, and once you have paid this quote to The Latest (or secured your own postage option), The Latest will post your product/s immediately (generally within 3-5 business days).

  • The Latest endeavours to keep the product/s in good working condition while the product/s is in the care of The Latest. However, accidents do happen, and in the unlikely event of a product/s being damaged, The Latest will contact you to coordinate the mutual best course of action.  

  • The Latest reserves the right to refuse to enter into service (work) for any reason.

  • If the payment method fails or does not transact, The Latest will cease any future work and contact you regarding this via email. Once the full monthly subscription payment has transacted, The Latest will resume normal future work.

  • The Latest reserves the right to use any ‘behind-the-scene (BTS)’ footage during the creation of content. However, if your product/s is shown, The Latest will (‘tag’) to you. 

  • All other conditions remain unchanged from the rest of the ‘Terms of Use’ as is currently viewable.


 Service subscriptions

  • At The Latest, we will do our very best to shoot and edit in line with your brand and your expectations, however ultimately, creative expression and direction is at the discretion of The Latest. If you have any concern with the photos provided, The Latest will endeavour to work in as close with you as is reasonably achievable. However, once images have been sent to you (via gallery or other means), they are final.

  • The Latest will provide you with the best uninterrupted service possible, and so once a subscription has started, it is ongoing (perpetual) until your written intent to cancel has been received and acknowledged by hello@thelatest.co.

  • Only the representative that purchases and starts a subscription can cancel a subscription. If a third party wants to cancel a subscription on another (approved) accountholder, they must send written approval to The Latest in writing or in email at hello@thelatest.co. Once The Latest can verify this information and confirm permission to cancel, The Latest will cancel subscription renewal and continue under the original agreed conditions providing your service until the remaining calendar month time has expired, and then cease further work or renewal charge to you.

  • Any movement in subscription level, as requested by the accountholder and confirmed by The Latest will be in effect starting the first day of the following calendar month. The current month (with which the request was placed) will remain unchanged in subscription cost and service provided to you. 

  • We do not give refunds for subscriptions for any reasons, except that in the event of an emergency where the subscription service by The Latest cannot be provided. In this unlikely event, The Latest will contact you via email or phone (if provided) beforehand.

  • The Latest may continually use photos from the subscription service (in any colour format or edit) for any promotion of its choosing. 

  • The Latest reserves the right to refuse to enter into service (work) for any reason.

  • If the payment method fails or does not transact, The Latest will cease any future work and contact you regarding this via email. Once the full monthly subscription payment has transacted, The Latest will resume normal future work.

  • The Latest reserves the right to use any ‘behind-the-scene (BTS)’ footage during the creation of content. However, if your product/s is shown, The Latest will (‘tag’) to you. 

  • All other conditions remain unchanged from the rest of the ‘Terms of Use’ as is currently viewable.


Model Portfolio Sessions

All portfolio sessions are governed by the ‘includes’ on the website under heading ‘Model Portfolio Sessions’. These inclusions are subject to change without notice by The Latest.

At The Latest, we want to work in with your branding, styled looks and locations you would like to see, and The Latest will always endeavour to deliver on your full expectations. However, The Latest governs overall discretion including weather, location, shooting techniques, styling, etc. 

Model Release Forms must be completely filled in prior to commencement of the photographing/recording the portfolio session. Any models under 18 must have a parent guardian or authorised representative present during the photoshoot and have filled in the parent guardian section of the Model Release Form. 

The Model Release Form can be viewed and downloaded here.

We aim to tailor to your particular needs, and as such, Payment Plans and Custom photoshoots are definitely available, so please reach out to us at hello@thelatest.co for any thoughts or ideas you have. 


Contact

If you have concerns relating to this website or these Terms of Use, please contact The Latest at hello@thelatest.co and we will be happy to assist you in any way that we can.