Terms & Conditions

11.1. Amendments

We may amend these Terms at any time without notice to you by posting amended Terms on this Site effective immediately upon posting.

11.2. Our relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relation is intended to be created between you and us by these Terms.

11.3. Governing Law

This agreement between you and Luna Designs Studio is governed by and is to be construed in accordance with the laws of Australia.

11.4. Termination

We may terminate this agreement or your ability to access this Site and/or any other service provided to you by us and any other agreement between us, immediately, if you breach any of these Terms.

11.5. Severance

If any provision in this agreement is found to be void, unenforceable or illegal, the provision is to be severed from this agreement without affecting the validity, legality or enforceability of the remaining provisions in this agreement which will continue in full force and effect.

11.6. Non-waiver

If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.

11.7. Breach of Obligations by Luna Designs studio

In the event of any breach of the Terms by Luna Designs Studio, your remedies shall be limited to damages which under no circumstances shall exceed the price of the Services.

11.8. Set-Off

You shall not be entitled to set off against or deduct from the cost of our services any sums owed or claimed to be owed to you by Luna Designs Studio.

11.9. Force Majeure

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other events beyond the reasonable control of either party.

11.10. Default

If you default in payment of any amount of money owing when due, you shall indemnify Luna Designs Studio from and against all costs and disbursements incurred by Luna Designs Studio in pursuing the debt including legal costs on a solicitor and own client basis and Luna Designs Studio Collection Agency costs.

11.11. Suspension of Services

Without prejudice to any other remedies that Luna Designs Studio may have, if at any time you are in breach of any obligation hereunder (including those relating to payment) Luna Designs Studio may suspend or terminate the supply of Services to you and any of its other obligations under the Terms. Luna Designs Studio shall not be liable to you for any loss or damage you suffer because Luna Designs Studio has exercised its rights under this clause.

11.12. Administration Fees

If any account remains overdue after thirty (30) days, then an amount of the greater of Twenty Dollars ($20.00) or Ten Percent (10%) of the amount overdue (up to a maximum of $200.00) shall be levied for administration fees which sum shall become immediately due and payable.

11.13. Interest on Overdue Payments

Interest shall accrue on any overdue payments owing by you to us at the rate of 10% per month, or part of the month, that the payment is outstanding. Such interest shall be calculated monthly on a compounding basis.

11.14. Representations

You acknowledge and agree that in purchasing our products and services you have not relied upon any representations made to you by our agents or representatives, or other third parties, unless those representations are set out in these terms and conditions, or those representations are confirmed in writing by our authorised director.

11.15. Attendance at our Events

If you attend any event convened by us in the provision of our services to you, it will be your responsibility to conduct yourself in accordance with reasonable standards of behaviour. We shall be entitled to terminate your participation in such events if we determine that you have breached such reasonable standards of behaviour by, including but not limited, to being uncooperative, aggressive, abusive or disruptive. You will not be entitled to any refund for the sum of money paid for or in connection with that event or our services and products if your participation is terminated as set out herein.

11.16. Acceptance of these Terms and Conditions

You shall be deemed to have accepted these terms and conditions if:

- You access and use the Site; and/or

- You purchase any of our products or services.

11.17. Ownership and Rights

All material created under this Agreement is a "work made for hire". This gives permission for Luna Designs Studio to use the work product as part of portfolios and websites, in galleries, and in other media including social media, so long as it is to showcase the work and not for any other purposes. This is not allowed to be taken back this licence, even after the Contract ends. All content produced by Luna Designs must not be used by any other marketing companies or agencies during and after contract ends. This is not allowed to be taken back.

11.18 Disclaimer on Earnings

Every online business is different, employing different strategic approaches and organisational structures, and offering different products. Therefore, individual results will vary from user to user. Your individual results will vary depending upon a variety of factors unique to you, including but not limited to your content, business model, and product offerings.

11.19 Copywriting disclaimer- excluding content creation for business purposes

Upon full payment, clients will acquire personal usage rights to all images and video footage from any weddings or events this excludes content creation for business purposes. This grants you the liberty to print, share, and distribute your images as you see fit for personal, non- commercial purposes. If content is used for commercial purposes without written agreement from Luna Designs, Luna Designs has the righ to fine you $10,000 for copywriting. Luna Designs, however, retains the right to utilise all photos and video clips for its promotional endeavours, including but not limited to portfolios, social media, and marketing materials. The client is not allowed to take back this licence, even after the Contract ends.

Luna Designs Studio does not promise, guarantee, or warrant your success, income, or sales. You understand and acknowledge that Luna Designs Studio will not at any time provide sales leads or referrals to you or your business. We do not guarantee your success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific publishing enterprise any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice, you should consult your business’ accountant, attorney, or financial advisor.

Customer acknowledges that: (1) before signing this contract, you have read each page of the contract (2) No earnings claims have been made to suggest you will earn a certain amount of money by utilising this program (3) you fully understand and agree to our Money Back Guarantee stated above.

Detailed Services1. Wedding, Event, Family, Maternity, and Newborn Content Creation1.1. Purpose of this Agreement

This Agreement is established between Luna Designs Studio and the client for the purpose of content creation for personal events, including weddings, family gatherings, maternity shoots, and newborn sessions. This covers video and photo production for personal use and sharing on social media.

1.2. Services

1.2.1. Wedding and Event Content Creation

The services provided by Luna Designs Studio are determined by the specific package selected by the client. Each package outlines the scope of services, deliverables, and timelines. The client agrees to receive only the services included in their chosen package, and any additional services outside of the selected package will require a separate agreement and may incur additional fees.1.2.2. Family, Maternity, and Newborn Content CreationThe services provided by Luna Designs Studio are determined by the specific package selected by the client. Each package outlines the scope of services, deliverables, and timelines. The client agrees to receive only the services included in their chosen package, and any additional services outside of the selected package will require a separate agreement and may incur additional fees.

1.3. Payment and Refunds

Deposit: A 50% non-refundable deposit is required at the time of booking to secure your event date.

Final Payment: The remaining balance is due 30 days before the event date.

Cancellations: Cancellations made within 30 days of the event will result in the forfeiture of the full fee. Cancellations made before 30 days will allow the deposit to be applied to a future booking within 12 months, subject to availability.

Postponement: If your event is postponed, the deposit will be carried forward provided the new date is agreed within 12 months.

1.4. Ownership and Usage Rights

Luna Designs retains full ownership of all created content.

Clients are granted a non-exclusive, non-transferable license to use the content for personal purposes.

The client is prohibited from using the content for commercial purposes without express written consent from Luna Designs.

Luna Designs reserves the right to use any content for marketing and promotional purposes without asking permission from clients. 

1.5. Client Responsibilities

The client is responsible for ensuring that all event attendees are informed about content creation activities. If any attendee does not wish to be recorded, the client must notify Luna Designs in advance.

2. Destination Wedding Content Creation

2.1. Purpose of this Agreement

This Agreement covers content creation for destination weddings, including pre-wedding events, with full-day coverage of the main event.

2.2. Services

Full-Day Coverage: 10 hours of coverage on the wedding day, including ceremony, reception, and key moments.

Pre-Wedding Events: Two 3-hour sessions covering pre-wedding activities like welcome dinners or engagement shoots.

Deliverables:

Unlimited edited photos.5 professionally edited reels.Highlight reel capturing the entire day.Polaroid camera available on the day for on-the-spot photos.All content delivered within 48 hours.Additional Services: Includes a complimentary video book with stored memories and a luxury bridal gift.

2.3. Travel and Accommodation

All travel, accommodation, and relevant transportation expenses for the Luna Designs team are included in the package price. The client is not required to cover any additional costs for these services.

2.4. Ownership and Usage

Luna Designs retains full ownership of all created content.

Clients are granted a non-exclusive, non-transferable license to use the content for personal purposes.

The client is prohibited from using the content for commercial purposes without express written consent from Luna Designs.

Luna Designs reserves the right to use any content for marketing and promotional purposes.

2.5 Force Majeure

Neither Party shall be held liable or responsible for any delay or failure to perform any obligations under this Agreement if such delay or failure results from causes beyond its reasonable control. These causes include, but are not limited to, acts of God (e.g., floods, hurricanes, earthquakes), war, terrorism, civil disturbances, pandemics or epidemics, government actions, embargoes, strikes, lockouts, labor disputes, fire, failure of transportation or communication systems, widespread power outages, travel bans, and other unforeseen circumstances ("Force Majeure Event").

2.5.1 Effects of Force Majeure

In the event of a Force Majeure Event, Luna Designs Studio shall be excused from performing its obligations under this Agreement for the duration of the Force Majeure Event, provided that Luna Designs Studio notifies the client as soon as reasonably possible of the occurrence of such an event.

2.5.2 No Refund or Compensation

In the event that the performance of services is delayed, postponed, or prevented by a Force Majeure Event, Luna Designs Studio shall not be obligated to refund any portion of the deposit or fees paid by the client. The client understands and agrees that all payments made prior to the Force Majeure Event are non-refundable and are considered earned by Luna Designs Studio to cover administrative, preparation, and opportunity costs.

For destination weddings, if travel to the destination is impossible due to cancellations, government restrictions, or other related issues outside Luna Designs Studio’s control, Luna Designs Studio is not liable for any compensation or refund. If the event is postponed due to a Force Majeure Event, Luna Designs Studio will make reasonable efforts to accommodate a rescheduled date, subject to availability. Any additional costs incurred due to the rescheduling (such as increased travel costs, accommodation, or other related expenses) will be borne by the client.

2.5.3 Mitigation Efforts

Luna Designs Studio agrees to use all reasonable efforts to mitigate the effects of the Force Majeure Event. However, if after the Force Majeure Event, Luna Designs Studio is unable to render the agreed-upon services, the client may reschedule the event to a mutually agreed-upon date, subject to the availability of Luna Designs Studio. The rescheduled event must occur within twelve (12) months of the original event date, or all fees paid shall be forfeited by the client.

2.5.4 Notice of Force Majeure Event

Luna Designs Studio shall notify the client as soon as practicable after becoming aware of a Force Majeure Event, specifying the nature, extent, and anticipated duration of the Force Majeure Event and detailing any contingency plans or actions to minimize the delay or failure to perform under the Agreement.

2.5.5 No Liability for Third-Party Failures

Luna Designs Studio shall not be held liable for any failure or delay caused by third parties (such as airlines, accommodation providers, or transportation services) impacted by a Force Majeure Event. The client acknowledges that any cancellation of third-party services required for the fulfillment of Luna Designs Studio's obligations shall not constitute a breach of this Agreement by Luna Designs Studio.

2.5.6 Force Majeure Rescheduling

In the event the wedding or event is postponed due to a Force Majeure Event, the Parties will make reasonable efforts to reschedule the event to a mutually agreed-upon date within 12 months. Any rescheduling that incurs additional travel costs or expenses shall be borne by the client. If the event is postponed due to a Force Majeure Event, the client must set a new date within 30 days of the originally scheduled event. If no date is mutually agreed upon within this time, Luna Designs Studio reserves the right to terminate the contract, and all fees paid by the client will be forfeited.

3. Business Content Creation

3.1. Scope of Service

Luna Designs provides content creation for business purposes, including advertising, social media content, and promotional videos.

3.2. Deliverables

Photography: High-quality images for social media and advertising campaigns.Videography: Edited promotional videos, reels, and clips suitable for social media and digital marketing.Reports: Analytics and performance reports for all content created. Delivery Timeline: All deliverables will be provided within 48hr of the content creation session unless otherwise specified.

3.3. Ownership and Usage Rights

Luna Designs retains full ownership of the content.

The client is granted a license to use the content for business purposes, including marketing, social media, and advertising.

The client is responsible for ensuring all content complies with intellectual property laws and does not infringe third-party rights.

4. Social Media Management

4.1. Scope of Service

Luna Designs Studio provides comprehensive organic social media management services, which include, but are not limited to, content creation (such as posts, reels, stories, and other social media assets), content scheduling and posting, community engagement (e.g., replying to comments and direct messages), and regular performance reporting. These services are designed to grow the client's social media presence and engagement organically without the use of paid advertising. The specific scope of services provided is determined by the package selected by the client.

4.2. Client Responsibilities

The client is responsible for providing any relevant information required for the creation of social media content, including branding guidelines, product/service descriptions, and any necessary approvals or clearances. Before any content is posted, the client is required to review and approve all materials. Once the content is approved by the client, they assume full responsibility for any and all legal or regulatory consequences, including claims of defamation, copyright infringement, or breach of privacy.If the client’s business is regulated by industry bodies such as the Australian Health Practitioner Regulation Agency (AHPRA) or similar entities, it is the client’s sole responsibility to ensure that the approved content complies with all applicable laws and regulations. The client agrees that failure to meet these responsibilities may result in legal or financial consequences for which Luna Designs Studio will not be held accountable.

4.3. AHPRA and Regulatory Compliance

Luna Designs Studio will make every effort to ensure that content aligns with relevant regulations, including AHPRA’s advertising guidelines and any other applicable industry-specific regulations. However, once the client has approved the content, Luna Designs Studio is no longer liable for any breaches or violations of AHPRA regulations, or any penalties, fines, or sanctions imposed by AHPRA or similar regulatory bodies. The client indemnifies and holds harmless Luna Designs Studio from any regulatory actions, fines, or penalties resulting from approved content.

4.4. Ownership and Use of Content

Luna Designs Studio retains full ownership of all content created under social media management contracts, including photos, videos, captions, graphics, analytics, and behind-the-scenes content. Luna Designs reserves the right to use this content for its own business purposes, including marketing, advertising, portfolio use, and promotional activities, without requiring additional consent from the client.The client is granted a non-exclusive, non-transferable license to use the created content solely for their brand's marketing purposes, provided it remains under their direct control and is not transferred or used by another agency, freelancer, or third-party entity without Luna Designs' express written permission. Upon termination of the social media management contract, the client is prohibited from using the content with any other social media managers, freelancers, or agencies, although the client may continue to use the content for their own in-house brand purposes.

4.5. Termination and Plan Changes

A minimum of 14 days’ notice is required for any termination or changes to the current social media management plan. Should the client wish to downgrade to a lower-tier package or cancel their agreement, such changes will not take effect until the following billing cycle, and no refunds will be provided for unused services or any difference in the package cost. Clients upgrading to higher-tier services will need to agree to the new terms and fees associated with the upgraded package.4.6. Account Security

Luna Designs Studio is not responsible for any financial loss, reputation damage, or other adverse consequences caused by unauthorised access, hacking, or misuse of the client’s social media accounts. While Luna Designs Studio will take reasonable measures to safeguard account security (such as strong passwords, two-factor authentication where available, and secure content sharing practices), ultimate responsibility for the security of social media accounts lies with the client.

4.7. Client Indemnification for Compliance Violations

The client agrees to indemnify Luna Designs Studio from any fines, penalties, or legal costs resulting from violations of industry regulations (including AHPRA) or any other applicable compliance rules, once the client has approved the content. This includes, but is not limited to, claims of misleading or deceptive advertising, breach of privacy, unauthorised use of third-party intellectual property, or any other regulatory breaches.

5. Membership Terms and Conditions5.1. Introduction

Welcome to the Luna Designs Membership Program. By joining, you agree to follow these terms and conditions, so please take the time to read them carefully.

5.2. Membership Eligibility

Membership is open to both individuals and businesses that provide accurate, up-to-date information during the sign-up process. By enrolling, you confirm that you meet these eligibility criteria.

5.3. Membership Benefits

As a Luna Designs member, you’ll enjoy:

Exclusive access to premium content.Special discounts on services and products.Priority customer support.Invitations to member-only events.Access to a private, members-only online community.Monthly strategy newsletters.

5.4. Membership Fees

Membership fees are charged on a [monthly/annual] basis, payable in advance. The current fees are listed on our website and may change from time to time. Members will be notified at least 30 days in advance of any fee adjustments. All fees include applicable taxes.

5.5. Term and Renewal

Memberships are available on a [monthly/annual] basis and will automatically renew at the end of each term unless canceled by the member. Members can opt-out of automatic renewal by adjusting their account settings or contacting our support team.5.6. Cancellation and Refunds

You may cancel your membership at any time by logging into your account or contacting our support team. Cancellations will take effect at the end of the current billing cycle. Refunds will not be provided for any remaining time on your membership term.

5.7. Member Conduct

Members are expected to use their benefits responsibly. The following activities are prohibited:

Sharing exclusive content outside the membership platform.Engaging in abusive or inappropriate behaviour towards other members or staff.Participating in illegal activities.Violating these guidelines may result in immediate termination of membership without a refund.

5.8. Termination of Membership

Luna Designs reserves the right to terminate any membership at its discretion if a member violates these terms or engages in behaviour detrimental to the program. Terminated members will lose all membership benefits immediately and will not be eligible for a refund.

5.9. Intellectual Property

All content provided to members, including articles, videos, and images, is the property of Luna Designs. Members are not permitted to reproduce, distribute, or share this content without explicit written permission from Luna Designs.

5.10. Copyright Protection

Luna Designs values and protects its intellectual property rights. All materials provided through the membership program are protected by copyright laws. Unauthorised use, reproduction, or distribution of Luna Designs' content is considered copyright infringement and will be pursued legally. If you become aware of unauthorised use, please notify Luna Designs immediately.

5.11. Member’s Representations and Warranties

By using the membership materials, you represent and warrant that your use does not infringe on any third-party rights, including copyrights, trademarks, and other intellectual property rights. You agree to indemnify Luna Designs from any claims, damages, or losses arising from the misuse of the materials.

5.12. Confidentiality

Members agree to keep any proprietary information shared during the membership confidential and not disclose it to any third party.

5.13. Privacy Policy

Luna Designs is committed to protecting your personal information. Please refer to our [Privacy Policy](link to privacy policy) for details on how we collect, use, and protect your data.

5.14. Limitation of Liability

Luna Designs offers the membership program "as is" and without warranties of any kind. We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the membership services.

5.15. Changes to Terms and Conditions

We may update or modify these terms at any time. If significant changes are made, members will be notified via email or through the website. Continuing to use the membership program after changes are made constitutes acceptance of the new terms.

5.16. Governing Law

These terms are governed by the laws of Western Australia. Any disputes arising from these terms will be resolved in the courts of Western Australia.

5.17. Contact Information

For support or inquiries, please contact us at [email protected].6. Outsourcing

Outsourcing and Subcontracting:

Luna Designs Studio reserves the right to outsource or subcontract certain aspects of the services provided under this agreement. This may include, but is not limited to, specialised tasks such as editing, videography, photography, post-production, or social media management, where the use of third-party contractors or freelancers is deemed necessary to deliver the best results for the client.All third-party contractors engaged by Luna Designs Studio are bound by confidentiality agreements that protect the privacy, confidentiality, and intellectual property of both Luna Designs Studio and the client. These agreements ensure that any confidential information, data, or content shared during the course of the project is handled with the same level of care and security as would be provided by Luna Designs Studio directly.The use of subcontractors does not diminish or alter the obligations and responsibilities of Luna Designs Studio under this agreement, and Luna Designs Studio will remain the primary point of contact and responsible for the delivery and quality of the services rendered. Any subcontracted services will be managed and coordinated by Luna Designs Studio to maintain a seamless and consistent service experience for the client.Clients acknowledge that Luna Designs Studio may share necessary information with subcontractors to fulfil the project requirements, and consent to the use of subcontractors in this capacity.

7. Force Majeure

Neither party shall be held liable for delays or failures due to events beyond their control, such as natural disasters, government actions, or platform outages.

8. . Copywriting DisclaimerUpon full payment, clients are granted personal usage rights to all images and video footage created by Luna Designs Studio for weddings, events, or other personal occasions. This excludes any content created for business or commercial purposes. Clients are permitted to print, share, and distribute the materials for personal, non-commercial use only. Any unauthorised use of the content for commercial purposes without prior written consent from Luna Designs Studio will result in a penalty of $10,000 for copyright infringement. Luna Designs Studio retains the right to use all images, video clips, and other materials for promotional purposes, including but not limited to portfolios, social media, and marketing materials. This license is irrevocable and remains in effect even after the termination of the Agreement.

9. Luna Designs' Indemnity

Luna Designs Studio agrees to indemnify and hold harmless the Creator, along with the Creator’s directors, officers, owners, agents, and representatives, from any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs, incurred as a result of any breach or alleged breach of this Agreement by Luna Designs Studio.10. Creator’s Indemnity

The Creator agrees to indemnify and hold harmless Luna Designs Studio from any direct costs, claims, or damages arising from third-party claims related to the use or exploitation of the videos or materials created under this Agreement, provided that such claims are not due to any breach of this Agreement by Luna Designs Studio.11. Prior Agreements and Enforceability

This Agreement supersedes and replaces any prior agreements or understandings between the Parties related to the subject matter of this Agreement. If any term or part of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will continue in full force and effect.12. Relationship Between the Parties

Luna Designs Studio is providing the Services under this Agreement as an independent contractor. Nothing in this Agreement creates any form of agency, joint venture, partnership, or employment relationship between the Parties.13. Confidentiality

Both Parties agree to keep the terms of this Agreement confidential, sharing them only with professional advisors as necessary.

14. Cancellations

For local events, we kindly request that you notify us at least 30 days in advance of the scheduled event date if you need to cancel. Your 50% booking fee is non-refundable. Cancellations made with less than 30 days' notice will result in the forfeiture of the full fee.For destination weddings, cancellations must be made at least 60 days in advance of the scheduled event date. The 50% booking fee is non-refundable. Cancellations made more than 60 days in advance will allow the deposit to be applied to a future booking within 12 months, subject to availability. However, cancellations made with less than 60 days' notice will forfeit all payments made, with no obligation for rescheduling.

15. Warranties and Representations:

Luna Designs Studio makes no representations or warranties regarding the results or success of the content, social media management, or other services provided. While we strive to deliver high-quality content, the client understands that success is dependent on various factors beyond the control of Luna Designs Studio, including market conditions, audience behavior, and third-party platform algorithms.

16. Meal Provided for Vendor

If the booking requires over 5 hours of content creation services, the Creator is required to provide a meal for Luna Designs Studio’s team. If no meal is provided, the team will take a 30-minute break to secure a meal, and the Creator will be charged a $50 compensation fee for the time spent away from the event.

17. Force Majeure Clause for All Services

Neither party shall be held liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by events beyond their reasonable control ("Force Majeure Event"). This includes, but is not limited to, acts of God (such as floods, hurricanes, or earthquakes), war, terrorism, civil disturbances, pandemics, government actions, strikes, lockouts, industrial disputes, fire, failure of communication networks, transportation outages, or any other event outside the reasonable control of the affected party. In the event of a Force Majeure Event, the affected party must notify the other party as soon as reasonably possible, providing details of the nature and extent of the event and the anticipated duration. The affected party will be excused from performing their obligations under the Agreement for the duration of the Force Majeure Event and will make all reasonable efforts to mitigate the impact of the event.Should a Force Majeure Event prevent the services from being performed, no refunds will be granted for deposits or payments already made. The parties will work together in good faith to reschedule services to a mutually agreeable date, subject to availability. Any additional costs incurred due to rescheduling, including but not limited to travel or accommodation, will be borne by the client.

18. Intellectual Property and Legal Compliance

The client is solely responsible for ensuring that all content provided by Luna Designs Studio, or used in connection with the services, complies with all applicable intellectual property laws, including copyright, trademark, and other third-party rights. Luna Designs Studio is not liable, financially or otherwise, for any claims, damages, or legal actions arising from the client's use of the content that infringes on third-party rights.The client agrees to indemnify and hold Luna Designs Studio harmless from any legal claims or financial liabilities that may result from the improper use or distribution of content that violates intellectual property laws or third-party rights.

19. Luna Designs’ Right to Use Content

Luna Designs Studio retains full ownership of all content created under this agreement and reserves the right to use any and all content for its own business purposes, including but not limited to advertising, marketing, social media, and portfolio use, without the need for prior permission from the client.The client acknowledges and agrees that Luna Designs Studio may use the content in any form, including but not limited to, public displays, promotional materials, online galleries, social media posts, and other marketing platforms, for an indefinite period, even after the conclusion of this agreement.

20. Additional Services and Revisions

Luna Designs Studio will provide the services as per the package selected by the client. If any additional services are requested that fall outside the scope of the original agreement, they will require a separate contract and may incur additional fees. Revisions to content are limited to 2 rounds, unless otherwise agreed in writing. Any further revisions will be charged at an hourly rate of $150+GST.

21. Dispute Resolution

In the event of any disputes arising from this Agreement, the parties agree to enter into good-faith negotiations to resolve the issue. If the dispute cannot be resolved through negotiation, the parties agree to seek mediation through a neutral third party before initiating any legal proceedings. All disputes shall be governed by the laws of Western Australia.This ensures that the contract is clear on expectations and that both parties understand their responsibilities and what happens in various circumstances. Overall, your contract is quite detailed, but with these small additions, it could be even more robust. Here are the detailed clauses based on the explanations provided:22. Refund Policy for Business Content Creation

22.1. For business content creation services, the following refund policy applies:

Cancellation More than 30 Days Before Service: If the client cancels the content creation service more than 30 days prior to the scheduled service date, Luna Designs Studio will refund 50% of the total service fee, minus any work already completed or costs incurred in preparation for the service (e.g., pre-production, research, or administrative costs).Cancellation Less than 30 Days Before Service: Cancellations made within 30 days of the scheduled service date will forfeit the entire fee, and no refunds will be provided.

22.2. Non-Refundable Deposits: Deposits paid for business content creation services are non-refundable and non-transferable. The deposit is required to secure the booking and covers initial preparation work and the reservation of Luna Designs Studio’s time.22.3. Cancellation Due to Force Majeure: In the event that the service must be canceled due to a Force Majeure Event, the terms outlined in the Force Majeure clause will apply, and refunds may be subject to limitations as described therein.

23. Payment and Late Payment

23.1. Payment Due Date:

All invoices issued by Luna Designs Studio must be paid by the due date specified on the invoice. Unless otherwise agreed upon in writing, payment is due within 14 days from the date of the invoice. For deposits, the amount is due upon booking to secure services.

23.2. Late Payment Fees:

If payment is not received by the due date, a late fee of 5% of the outstanding balance will be applied for each 7-day period that the payment remains unpaid. This late fee will continue to accrue weekly until the full payment is made.

23.3. Suspension of Services:

In the event of late payment, Luna Designs Studio reserves the right to suspend all ongoing services, including content creation, social media management, or delivery of final materials, until the outstanding balance, including late fees, is paid in full. Any deadlines or timelines previously agreed upon will be adjusted due to the suspension of services.

23.4. Termination for Non-Payment:

If the client fails to make payment within 30 days of the due date, Luna Designs Studio reserves the right to terminate the contract and retain all deposits and payments made to date. The client will be responsible for any remaining unpaid balance for services rendered up until the termination date.

23.5. Collection Costs:

In the event that Luna Designs Studio must engage a collection agency or legal services to recover unpaid fees, the client agrees to reimburse Luna Designs Studio for any and all reasonable costs incurred in connection with the collection process, including attorney’s fees, court costs, and collection agency fees.

23.6. Reinstatement of Services:

Once full payment, including any late fees, has been received, Luna Designs Studio will reinstate services. However, timelines and deadlines may need to be rescheduled based on availability and the new start date.

24. Scope Changes

Any additional services or changes to the scope of the originally agreed-upon services must be requested in writing and will require a separate agreement. Additional work will be charged at the standard hourly rate or an agreed-upon project fee. Luna Designs Studio reserves the right to refuse additional work outside of the scope of the original contract without such an agreement.

25. Data Backup and Loss

While Luna Designs Studio takes reasonable measures to back up digital files, we are not responsible for the permanent storage of any content or data after project delivery. The client is responsible for downloading and securely storing all delivered files. Luna Designs Studio shall not be held liable for any accidental data loss, corruption, or deletion of digital content once it has been delivered to the client.

26. Client Approvals

The client agrees to review and approve all deliverables within five (5) business days of receiving the work. If no response is provided within this time frame, the deliverables will be considered approved, and any further changes will be billed as additional work. Delays caused by the client’s failure to provide timely approval may result in project timeline extensions, and Luna Designs Studio will not be held responsible for missing deadlines under these circumstances.

27. Non-Disparagement

The client agrees not to make or encourage any negative or disparaging remarks, comments, or statements, whether written or oral, regarding Luna Designs Studio, its employees, services, or business operations. This includes, but is not limited to, public forums, social media, client reviews, or any other platform where such statements could damage the reputation of Luna Designs studio. In the event of any dissatisfaction with the services provided, the client agrees to first communicate directly with Luna Designs Studio to resolve any concerns amicably before resorting to public commentary.Violation of this clause may result in legal action, including but not limited to claims for defamation, breach of contract, and damages. Luna Designs Studio reserves the right to pursue any legal remedies available to protect its reputation and business interests, including but not limited to seeking financial compensation and the removal of any defamatory content.

28. Portfolio Use (Irrevocable License)

Luna Designs Studio reserves the irrevocable right to use any and all content created under this agreement in portfolios, case studies, and promotional materials, both online and offline. The client agrees that Luna Designs Studio may showcase the work produced under this contract as examples of our services in marketing and promotions, including but not limited to websites, social media, presentations, and advertisements. This license is perpetual, cannot be revoked or withdrawn, and remains in effect even after the termination or completion of the agreement.

29. Confidentiality with Third Parties (Subcontractors)

Luna Designs Studio ensures that any third-party contractors or subcontractors engaged in providing services under this agreement are bound by confidentiality agreements. All subcontractors will be required to use any client information solely for the purpose of fulfilling their obligations under this contract. Subcontractors will not contact the client directly unless authorized by Luna Designs Studio. Client information will not be used for any other purpose outside the scope of this agreement, and the client’s personal data, business information, and proprietary content will remain confidential throughout and after the project.

30. General Termination Clause

Either party may terminate this agreement with 14 days' written notice for convenience, unless otherwise stated in the contract. In the event of termination by the client before the completion of the project, Luna Designs Studio shall retain any payments made to date, including non-refundable deposits, and the client shall be responsible for any outstanding fees for work already completed. Termination due to breach of contract, such as non-payment, will follow the terms set out in Clause 23 regarding non-payment. Any content, files, or unfinished work will not be delivered if termination is due to non-payment.

31. Limitations of Liability

Luna Designs Studio’s liability is limited to the amount paid by the client for the services provided under this agreement. Under no circumstances will Luna Designs Studio be liable for:

Any indirect, consequential, or special damages, including but not limited to loss of profits, loss of business, or repetitional damage. Claims arising from the use of content that has been reviewed and approved by the client.Any loss of data, content, or files due to client negligence, third-party disruptions, or failures beyond Luna Designs Studio’s control. Luna Designs Studio shall not be held liable for damages exceeding the total fees paid by the client under this agreement.

32. Dispute Resolution and Legal Proceedings

Any disputes arising out of or in connection with this agreement shall be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, the parties agree to attempt to resolve the matter through mediation, with the costs shared equally between both parties. If mediation fails, the dispute shall be settled in the courts of Western Australia, and the prevailing party will be entitled to recover reasonable attorney's fees and court costs.

33. Client’s Responsibilities and Content Compliance

The client agrees to provide Luna Designs Studio with all necessary information, materials, and access to any resources required to complete the project. This includes, but is not limited to, providing branding guidelines, logos, copy, and any specific instructions in a timely manner. Delays caused by the client in providing these materials may result in a change of deadlines, and Luna Designs Studio will not be held responsible for any missed milestones or deadlines due to client delays.The client is solely responsible for ensuring that all content provided to Luna Designs Studio complies with applicable laws and regulations, including but not limited to intellectual property laws, copyright, trademark rights, and any industry-specific regulations (e.g., AHPRA advertising guidelines). Luna Designs Studio is not responsible for verifying the legal compliance of any content provided by the client.Once content is approved by the client, Luna Designs Studio will not be held responsible for any legal issues that arise from the use of the content, including but not limited to claims of copyright infringement, defamation, breach of privacy, or violations of industry-specific regulations. The client agrees to indemnify and hold Luna Designs Studio harmless from any claims, damages, or legal actions arising from the improper use, distribution, or publication of content that infringes upon third-party rights or fails to comply with applicable laws and regulations.

34. Agreement Acknowledgment and Future Amendments

By signing this agreement, I acknowledge that I have thoroughly read, understood, and agreed to all the terms and conditions set forth. I understand and agree that this contract applies to all future events and services provided by Luna Designs Studio, and no further signatures will be required for subsequent engagements. Furthermore, I acknowledge that Luna Designs Studio reserves the right to update, modify, or amend the terms and conditions at any time, and any such changes will take effect immediately without prior notice. It is my responsibility to periodically review the updated terms and conditions to stay informed of any changes.

35. Content Creation Outside of Monthly Agreement

If Luna Designs Studio provides in-person content creation outside of the agreed monthly plan (including but not limited to intensive content creation sessions), the following terms will apply:

35.1 Ownership of Content

Luna Designs retains full ownership of all raw footage captured during in-person content creation. Clients are not entitled to receive or access any raw content.

35.2 Use of Content Post-Cancellation

If Luna Designs creates content for multiple months in advance (e.g., 6 months’ worth of content in one weekend) or under similar circumstances, and the client decides to cancel their ongoing social media management package within the next three months, the client forfeits the right to continue using any of the raw or edited content. To continue using the created content, the client must maintain an active social media management package with Luna Designs Studio.

35.3 Package Continuation Requirement

The right to use any content produced under these terms is contingent on the continued engagement of Luna Designs Studio’s social media management services. In the event of cancellation, the client agrees to discontinue using all created content unless a new agreement is reached.

35.4 Content Determination Clause

Luna Designs reserves the right to determine which content falls under this clause. This may include, but is not limited to, intensive content creation weekends or any other content deemed applicable by Luna Designs Studio.

35.5 Raw Footage Disclaimer

Luna Designs Studio will not provide any raw footage to clients under any circumstances. All content provided will be professionally edited as per the agreed social media management plan.