Terms & Conditions

Terms and Conditions of Trade of Luna Designs Studio

Effective Date: May 8, 2025

This agreement outlines the full Terms and Conditions between you (“the Client”) and LUNADESIGNS.STUDIO PTY LTD ACN: 676 483 221 (“we”, “us”, “our”, “Luna Designs Studio”), governing the access to our website (https://lunadesigns.studio) and the provision of all services offered by Luna Designs Studio. By accessing our website or entering into a service agreement with us, you agree to be bound by the terms detailed below.

Please note: Due to length, the full document will be delivered across multiple updates. This is Part 1 of the full rewritten Terms and Conditions, encompassing Clauses 1–10.

1. Website Access and General Terms

1.1. By accessing our website or using any of our services, you agree to be bound by these Terms and Conditions.

1.2. Luna Designs Studio reserves the right to update, modify, or replace these Terms at any time. It is the client’s responsibility to review these terms periodically.

1.3. Continued use of our services constitutes acceptance of any updated Terms.

2. Privacy Policy

2.1. We respect your privacy and are committed to protecting your personal information in accordance with the Australian Privacy Principles (APPs).

2.2. Personal data collected through our website and services is stored securely and used solely for business, marketing, and communication purposes.

2.3. You consent to us using your data to fulfill your orders, process payments, communicate with you, and improve our services.

2.4. We do not sell or rent your personal data to third parties. We may share it with trusted service providers under strict confidentiality obligations.

2.5. Our full Privacy Policy can be accessed on our website.

3. Data Security

3.1. We take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

3.2. Despite our security measures, no digital platform can guarantee 100% security. You acknowledge this risk when transmitting data online.

4. Intellectual Property Ownership

4.1. All materials, content, and deliverables produced by Luna Designs Studio, whether visual, audio, written, or digital, are the sole property of Luna Designs Studio unless otherwise agreed in writing.

4.2. Clients are granted a limited, revocable, non-transferable license to use approved deliverables only for the purposes stated in their signed agreement.

4.3. Content cannot be altered, sublicensed, sold, distributed, or reused by third parties without written consent from Luna Designs Studio.

4.4. We retain the irrevocable right to use any deliverables for our own marketing, advertising, portfolio, and training purposes.

5. Use of Website and Prohibited Conduct

5.1. You must only use our website for lawful purposes and agree not to:
• Commit fraud or impersonation.
• Interfere with the site's security or functionality.
• Upload malicious software or spam.
• Violate intellectual property rights.
• Access unauthorized data or parts of the site.

5.2. Any misuse or breach of website integrity may result in your access being terminated and legal action being pursued.

6. Scope of Services

6.1. Our services include:

• Wedding, Event, Family, Maternity, and Newborn Content Creation

• Destination Wedding Content Creation

• Business Content Creation

• Social Media Management (organic)

• Membership Program and Digital Products

• Content Strategy and Campaign Planning

• Intensive In-Person Content Shoots outside of monthly plans

6.2. Each service is subject to the inclusions, usage rights, and responsibilities outlined herein.

7. Service Inclusions Per Package

7.1. All services are delivered according to the specific package selected by the client.

7.2. Each package includes a set of deliverables, timeline, and pricing structure agreed upon at the time of booking.

7.3. Any additions or changes to the scope must be requested in writing and confirmed via a signed addendum. Additional fees may apply.

7.4. Two rounds of reasonable revisions are included unless otherwise stated. Additional revisions are charged at $150+GST per hour.

8. Ownership and Licensing by Service Type

8.1. For wedding, family, maternity, and newborn services: Clients may use content for personal, non-commercial use. Commercial use requires separate written consent.

8.2. For destination weddings: Same usage rights apply. Luna Designs Studio retains full ownership.

8.3. For business services: Clients are granted a license for marketing and commercial purposes as outlined in the agreement. Content must not be shared or reused by third parties.

8.4. For social media management: Luna Designs retains full ownership. Clients are granted use of content only during the term of the agreement. Reuse with another agency or freelancer is strictly prohibited.

8.5. For memberships: Content is for personal, internal business use only. Redistribution, resale, or external sharing is strictly prohibited.

9. Content Use Restrictions

9.1. Clients are prohibited from:

• Selling or sublicensing Luna Designs Studio content.

• Editing or repurposing content to misrepresent our services.

• Sharing licensed content with other creators, agencies, or vendors.

• Removing or altering brand watermarks without permission.

9.2. Any breach of content use rights may result in license termination, legal action, and a fine of up to $10,000 for copyright infringement.

10. Raw Footage Policy

10.1. Luna Designs Studio does not provide clients with raw or unedited footage or files under any circumstances.

10.2. All content delivered is professionally edited and final. Requests for raw materials will be denied to maintain quality control and brand integrity.

11. Booking Procedures and Deposit Terms

11.1. To confirm a booking, clients must submit a signed service agreement and pay a 50% non-refundable deposit.

11.2. Bookings are not considered confirmed until the deposit is received.

11.3. The remaining 50% balance is due no later than 30 days prior to the scheduled service date. Late payment may result in cancellation of services and forfeiture of deposit.

11.4. Deposits are non-refundable and non-transferable under all circumstances, including change of mind or inability to proceed with the project.

12. Payment Terms and Schedules

12.1. All invoices must be paid by the due date listed on the invoice. Unless otherwise agreed, full payment is due within 14 days of invoice issue.

12.2. Failure to pay on time may result in service suspension or cancellation, and any applicable late fees will apply as per Clause 28.

12.3. Payment methods accepted include bank transfer and credit card (where applicable). Fees associated with failed transactions will be passed on to the client.

13. Payment Plans and Ongoing Obligations

13.1. Payment plans are available at Luna Designs Studio’s discretion and must be agreed to in writing.

13.2. Clients on a payment plan are not exempt from any Terms and Conditions and are fully bound by cancellation, usage, and breach policies.

13.3. If the client cancels while on a payment plan, all remaining instalments become immediately due and payable.

13.4. Entering into a payment plan does not waive any rights or obligations outlined in these Terms and Conditions.

14. Cancellations and Refund Eligibility

14.1. For wedding, family, maternity, or newborn services: cancellations made 30+ days before the service will forfeit the deposit only. Cancellations within 30 days forfeit all amounts paid.

14.2. For destination weddings: cancellations must be made at least 60 days in advance. Cancellations within 60 days forfeit 100% of the booking fee.

14.3. For business content: cancellations more than 30 days in advance are eligible for a 50% refund minus any work completed or expenses incurred. Within 30 days, no refund applies.

14.4. For all services: deposits are non-refundable under all circumstances.

15. Postponements and Rebooking Policy

15.1. Postponements are only accepted due to serious unforeseen circumstances (e.g., illness, natural disaster, or venue cancellation).

15.2. New dates must be confirmed within 12 months of the original event.

15.3. Luna Designs Studio is not obligated to accommodate a new date if unavailable. The deposit remains non-refundable in such cases.

15.4. Additional charges may apply for new travel, accommodation, or location requirements.

16. No-Show or Day-of Cancellation

16.1. If the client fails to appear on the scheduled day without notice, Luna Designs Studio reserves the right to retain all payments made.

16.2. Luna Designs Studio may, at its discretion, choose not to reschedule or refund services under these circumstances.

17. Rescheduling Due to Force Majeure

17.1. If the service must be postponed due to a Force Majeure Event (defined in Clause 19), Luna Designs Studio will work with the client to select a new date within 12 months.

17.2. Additional costs related to rescheduling (e.g., new travel or venue fees) are the responsibility of the client.

17.3. If no new date is mutually agreed upon within 30 days of the original booking, the agreement may be terminated and all funds paid will be forfeited.

18. Force Majeure – Comprehensive Clause

18.1. A "Force Majeure Event" refers to an occurrence beyond the reasonable control of either party that prevents them from fulfilling their obligations under this Agreement. This includes but is not limited to acts of God, natural disasters, war, terrorism, government restrictions, pandemics, civil unrest, power outages, and failure of transportation or third-party systems.

18.2. If a Force Majeure Event occurs, Luna Designs Studio will notify the client as soon as practicable and make reasonable efforts to reschedule the services.

18.3. Payments already made are non-refundable. However, the service may be postponed within 12 months, subject to availability. Additional fees due to rescheduling, including increased travel or accommodation costs, must be borne by the client.

18.4. If a new date is not confirmed within 30 days of the original event, Luna Designs Studio reserves the right to terminate the agreement with no refund.

18.5. Luna Designs Studio is not liable for third-party failures due to Force Majeure.

19. Approval of Content and Missed Publishing Windows

19.1. All content requires client approval prior to publishing.

19.2. If approval is not received within five (5) business days of delivery, Luna Designs Studio will consider the content as forfeited for publishing. No replacement or catch-up posts will be created.

19.3. The client accepts full responsibility for delays in approval and understands that this may result in reduced content output for that cycle.

20. Compliance with Industry Regulations

20.1. For clients regulated by professional or governmental bodies (e.g. AHPRA), all final content must comply with relevant advertising and professional conduct standards.

20.2. Luna Designs Studio makes reasonable efforts to align with such regulations but is not legally liable for breaches once the content is approved.

20.3. Clients agree to indemnify Luna Designs Studio for any fines, penalties, or damages arising from regulatory breaches following client approval.

21. Client Responsibilities for Legal and Regulatory Compliance

21.1. The client is responsible for ensuring that all assets, images, testimonials, statements, or brand claims provided to Luna Designs Studio are legally compliant.

21.2. Clients must ensure content does not infringe on any intellectual property, privacy laws, or breach professional advertising standards.

21.3. Luna Designs Studio is not liable for any content breaches that arise from client-supplied materials.

22. Use of Content After Termination

22.1. All content created by Luna Designs Studio remains the intellectual property of Luna Designs Studio.

22.2. Upon termination of a social media management contract, clients may continue to use the content on their owned platforms only. However, reuse or redistribution via another manager, freelancer, or agency is strictly prohibited.

22.3. Breach of this clause may result in legal action and enforcement of copyright penalties.

23. Exclusivity of Content Creation Services

23.1. Once Luna Designs Studio is booked as the content creator for an event or campaign, no other content creators may be engaged to capture the same event or campaign content without prior written approval.

23.2. This includes friends, aspiring creators, or competitors offering similar services “for experience.”

23.3. Exceptions include traditional photographers or videographers hired for distinct services not overlapping with Luna Designs Studio’s deliverables.

23.4. Violation of this clause will result in immediate cancellation of services without refund and may result in an additional invoice for breach of exclusivity.

24. In-Person Content Creation Outside Monthly Plans

24.1. If Luna Designs Studio delivers in-person content outside of a client’s monthly management plan, and the client cancels within three (3) months of the shoot, the client forfeits all rights to use the content unless a new agreement is reached.

24.2. Content created during intensive sessions (e.g. one weekend’s worth of six months’ content) is protected under this clause.

24.3. Luna Designs Studio reserves the right to determine what qualifies as "intensive" content.

25. Raw Content Ownership and Rights

25.1. Luna Designs Studio retains sole ownership of all raw footage, raw images, unedited content, behind-the-scenes material, and drafts.

25.2. Under no circumstances will raw content be released, licensed, sold, or transferred to the client or any third party.

25.3. All content delivered to clients will be fully edited, finalized, and representative of Luna Designs Studio’s professional standards.

25.4. This policy is in place to protect the artistic integrity, brand consistency, and quality control of all deliverables produced by Luna Designs Studio.

26. Late Payment Fees and Penalties

26.1. Invoices must be paid by the due date specified on the invoice. A reminder will be issued once the due date passes.

26.2. If payment is not received within seven (7) days after the due date, a late fee of 5% of the outstanding balance will be applied. An additional 5% will be added for each further 7-day period of non-payment.

26.3. Continued failure to pay may result in suspension of services, cancellation of upcoming sessions, or referral to collections.

26.4. Interest on overdue balances will be charged at a compounding rate of 10% per month or part thereof.

27. Debt Collection and Recovery Procedures

27.1. If an outstanding balance remains unpaid after 30 days, Luna Designs Studio reserves the right to refer the matter to a third-party debt collection agency.

27.2. Luna Designs Studio is entitled to select any debt recovery service or legal representative of its choosing without requiring client consent.

27.3. All costs associated with debt recovery, including collection agency fees, administrative charges, court costs, and legal expenses, will be passed on to the client.

27.4. The client acknowledges that being referred to a debt recovery agency may impact their credit rating, and Luna Designs Studio assumes no liability for consequences resulting from this action.

28. Confidentiality, Non-Disclosure, and Non-Disparagement

28.1. Both parties agree to maintain confidentiality regarding all aspects of the services rendered, pricing structures, strategy, and client content unless disclosure is required by law.

28.2. The client agrees not to disclose private information, behind-the-scenes materials, or unpublished drafts to any external parties, including competitors, media outlets, or other vendors.

28.3. The client agrees not to make or encourage public disparaging remarks about Luna Designs Studio, its employees, services, or brand reputation on social media, review platforms, or in personal or professional networks.

28.4. Any breach of confidentiality or non-disparagement clauses may result in immediate legal action, including but not limited to defamation proceedings, injunctive relief, and the pursuit of financial damages.

29. Dispute Resolution and Jurisdiction

29.1. In the event of a dispute arising under or in connection with this agreement, both parties agree to first attempt to resolve the matter through informal, good-faith discussions.

29.2. If resolution is not achieved within fourteen (14) days, the matter will be referred to professional mediation, with costs to be shared equally by both parties.

29.3. Should mediation fail, the dispute shall be subject to the jurisdiction of the courts of Western Australia. The prevailing party will be entitled to recover reasonable legal fees and associated costs.

30. Amendments to Terms and Binding Nature of Agreement

30.1. Luna Designs Studio reserves the right to modify, amend, or update these Terms and Conditions at any time.

30.2. Any changes will be posted publicly on our website and apply to both existing and future clients.

30.3. It is the responsibility of the client to review the current Terms and Conditions prior to booking or continuing service.

30.4. Continued use of our services constitutes acceptance of the latest version of these Terms.

31. Detailed Scope of Services and Deliverables

31.1. Wedding, Event, Family, Maternity, and Newborn Content Creation Luna Designs Studio provides curated digital content for special occasions, including weddings, family milestones, maternity shoots, and newborn sessions. Each package includes a predefined number of edited reels, highlight videos, and images based on the tier chosen by the client. Deliverables are shared digitally within the turnaround time agreed upon in the booking. Clients may use content for personal, non-commercial purposes only unless otherwise agreed in writing.

31.2. Destination Wedding Content Creation Destination packages include full-day coverage (typically up to 10 hours), two 3-hour pre-wedding event sessions, polaroid use on the day, five reels, a cinematic highlight film, and delivery of all content within 48 hours. All travel, accommodation, and on-site logistics are covered in the client’s package fee. Usage of this content is limited to personal use unless commercial terms are agreed separately.

31.3. Business Content Creation This service includes photography and videography for digital advertising, social media, and brand marketing. Content is tailored to suit the business’ tone and goals. Deliverables include edited imagery, reels, and optional analytics reports. Clients may use the content across their brand’s platforms, but redistribution to other marketers, agencies, or licensees is not permitted without consent.

31.4. Social Media Management Luna Designs Studio offers organic social media management that may include strategy development, copywriting, content planning, scheduling, engagement monitoring, and analytics. Client responsibilities include timely approval of content. Once content is approved, the client assumes full responsibility for regulatory compliance. Luna Designs retains ownership of all content.

31.5. Membership Program Clients enrolled in the Membership Program gain access to premium resources, newsletters, templates, and members-only strategy tools. Content is for internal or personal business use only and cannot be shared outside of the membership. Luna Designs reserves the right to revoke access for breach of usage rules or non-payment.

31.6. In-Person Content Creation Outside of Monthly Plans For one-off or intensive content sessions (e.g. content captured over one weekend for six months of posting), clients agree to not use the content if their social media management agreement is terminated within the next three months. Clients will not receive access to raw content. Continued use requires a renewed agreement.

31.7. 1:1 Coaching Luna Designs Studio offers personalized coaching for business owners, creatives, and entrepreneurs. These sessions focus on digital strategy, brand clarity, client attraction, and confidence in online storytelling. Sessions are private and confidential. Coaching materials may not be shared publicly or repurposed.

31.8. Group Mentorship This service is delivered in a group setting and includes access to shared sessions, private channels, accountability resources, and collaborative materials. Participation does not grant ownership of materials. Group etiquette and respectful conduct are mandatory. Breaches may result in termination of access without refund.

32. Income Disclaimer and No Guarantee of Results

32.1. While Luna Designs Studio strives to provide high-quality services including content creation, social media management, digital strategy, 1:1 coaching, and group mentorship, we do not guarantee specific results including business growth, audience increase, client acquisition, revenue gains, or any other financial outcomes.

32.2. Outcomes will vary based on individual effort, market conditions, niche, brand positioning, and various external factors beyond our control. Luna Designs Studio cannot be held responsible for a client’s lack of implementation, business changes, or other issues that may impact results.

32.3. Any references to case studies, testimonials, or earnings examples shared during coaching, mentorship, or on our website are not to be interpreted as a promise or guarantee of earnings or performance. They are provided for informational purposes only.

32.4. Clients understand and accept that Luna Designs Studio’s services are intended to guide, support, and empower through strategy and implementation—not to act as a financial guarantee or substitute for client execution, sales processes, or legal or financial advice.

33. Severability

33.1. If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining terms, which shall remain valid and enforceable.

34. Waiver

34.1. No failure or delay by Luna Designs Studio in enforcing any right or provision of these Terms shall constitute a waiver of such right or provision. Any waiver must be in writing to be effective.

35. Assignment and Transfer

35.1. The client may not assign, delegate, or transfer any of their rights or obligations under these Terms without prior written consent from Luna Designs Studio.

35.2. Luna Designs Studio may subcontract elements of service delivery, provided that subcontractors operate under strict confidentiality agreements and Luna Designs Studio remains fully responsible for the delivery and quality of the services.

36. Subcontracting and Third-Party Providers

36.1. Luna Designs Studio may engage third-party service providers or contractors to assist in delivering its services. This may include editors, production assistants, analytics specialists, or engagement coordinators.

36.2. These providers are bound by confidentiality and non-disclosure agreements and will not contact the client directly unless expressly approved.

36.3. The use of subcontractors does not limit or remove Luna Designs Studio’s responsibilities under this agreement.

37. Entire Agreement

37.1. These Terms and Conditions constitute the entire agreement between the parties in relation to the services described. They supersede any prior agreements, discussions, emails, or understandings, whether written or verbal.

37.2. No amendment to this agreement shall be effective unless it is made in writing and signed or acknowledged by both parties.

38. Refund Policy for Digital Products and Memberships

38.1. Luna Designs Studio provides a no-refund policy for all digital products and membership subscriptions, except where required by Australian Consumer Law. Due to the nature of instant access to proprietary materials, templates, and intellectual property, all sales are considered final.

38.2. Refunds will not be granted for change of mind, lack of usage, or perceived lack of results from digital downloads or membership resources.

38.3. If a product is stated as including a “money-back guarantee,” clients must meet all the listed criteria for refund eligibility, and requests must be submitted in writing within 48 hours of purchase.

38.4. Luna Designs Studio reserves the right to revoke access to any digital product or membership if Terms and Conditions are breached, without a refund.

39. Meal Provision for Long Shoots

39.1. If a booking with Luna Designs Studio requires over five (5) consecutive hours of content creation services, the client is required to provide a meal for each team member present.

39.2. If a meal is not provided, Luna Designs Studio reserves the right to take a 30-minute break to source food off-site. A $50 compensation fee per team member will be invoiced to the client for this disruption.

39.3. This clause applies to weddings, events, or any full-day content shoot lasting five hours or longer.

40. Approval Timeline for Non-Public Deliverables

40.1. For non-public deliverables such as strategy plans, content calendars, templates, or workshop materials, client approval is required within five (5) business days.

40.2. If no approval or requested revisions are received in this timeframe, the deliverable will be deemed accepted and final.

40.3. Luna Designs Studio may proceed with the next phase of work based on this automatic approval, and any further changes requested thereafter may incur additional fees.

40.4. For social media posts scheduled through the client portal, Luna Designs Studio requires client approval prior to posting. If the client does not approve the content within the designated timeframe, the post will not be published. While reminders may be sent as a courtesy, it is the client’s responsibility to ensure timely approvals. Any missed approvals will result in skipped posts, and Luna Designs Studio is under no obligation to create make-up content or extend the posting schedule.

41. Acknowledgement and Acceptance of Terms

41.1. By engaging the services of Luna Designs Studio, attending a booked session, submitting payment (including deposits and payment plans), signing a contract, ticking a consent checkbox on a booking form or payment portal, or otherwise electronically agreeing through our website or digital platforms, the client acknowledges they have read, understood, and accepted these Terms and Conditions in full.

41.2. These Terms apply to all current and future services delivered by Luna Designs Studio unless superseded by a newer written agreement.

41.3. Where applicable, Luna Designs Studio may request a signed contract or agreement in writing. A signature—whether physical or electronic—shall constitute full acceptance of these Terms and Conditions. However, a signature is not required for the Terms to be legally binding if the client has booked, paid, or engaged with the services under any of the methods outlined above.

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