These terms apply to all advertising provided to any person or entity (‘Client’) by The Lane Creative Enterprises ACN 127 479 412 or its subsidiaries (all of which are referred to as ‘The Lane’).

6. CREATIVE ASSET APPROVAL

6.1 The Lane reserves the right to approve all creative assets before publishing to ensure content will achieve The Lane’s key performance benchmarks to achieve strong results clients. The imagery will be approved based on aesthetic fit for The Lane brand, relevancy to The Lane target market and the likelihood of the imagery to achieve performance benchmarks.

6.2 The Lane will work closely with the Client to make the most strategic selections, and welcome each Client’s suggestions and preferences, however to provide the strongest results and experience, The Lane will select final creative assets and reserves the right to refuse publication of any content we deem unsuitable for The Lane brand, target market, and performance benchmarks. This includes Directory Portfolio imagery, social media, feature article and any product/garment included in shoots.

6.3 The Lane reserves the right to edit any copy updates made to The Lane Directory Portfolio bios to maintain consistent branding, appeal to The Lane reader, and ensure the strongest representation of each brand is displayed.

6.4 With the exception of campaign / look book shoots and other content produced for advertising use, The Lane reserves the right to select final shoot images to be retouched and published. The Lane will not provide low res, unedited images prior to final images being selected, edited and published.

7. MISSED CONTENT DEADLINES

1. 7.1  To execute content at our high standards and allow time for proofing, editing and social media preparation, it is the Client’s responsibility to provide requested content assets required by deadlines or provide 30 days written notice as above.

2. 7.2  Failure to provide these assets on time will require content re-scheduling at our next available date and will incur a $180 administration fee.

8. DIRECTORY PORTFOLIO PUBLISHING

1. 8.1  All Directory Portfolios, including renewing clients, will be published on the 1st of each month, and requested content assets are required by the 15th of each month prior, unless otherwise agreed by The Lane.

2. 8.2  Failure to provide requested assets will result in the client’s Directory Portfolio publish date being rescheduled to the following month and the client’s advertising start date will remain as per booking contract date. To avoid missing out on exposure time, the Client must supply assets by deadline and specifications as outlined in The Lane’s Content Asset Specs document.

3. 8.3  All Directory Portfolios will automatically renew annually from contract start date at the membership rate as quoted at time of sale. The renewal will be deducted from the provided credit card and may be cancelled with written notice within 3 months of the annual renewal date. Prices are subject to change and client will be notified with 3 months notice should consecutive year pricing increase.

9. DIRECTORY ORDER OF PLACEMENT

9.1 Order of placement within The Directory is determined by client’s signed Booking Contract date, and position will be maintained upon renewing the 12 month subscription before the expiry date.

10. PROOFING & ERRORS

1. 10.1  The Client must promptly check proofs of Brand Partnership content (if these are provided to the Client by The Lane) and notify The Lane of any errors in the proofs or in published content.

2. 10.2  The Lane does not accept responsibility for any errors submitted by the Client or its agent

3. 10.3  If a Client wishes to make a claim on The Lane for credit, re-publication or any other remedy in respect of the Brand Partnership, the Client must send the claim in writing to The Lane no later than 14 days after the date of publication of the Brand Partnership Content.

11. ADDED VALUE EXPOSURE

11.1 As part of The Lane’s community of brands, The Lane endeavors to feature our clients in relevant editorial opportunities, as added value and no cost to the client. Exposure is at The Lane’s discretion based on content relevancy and strategy, and is not guaranteed or part of any paid package.

11.2 The Lane reserves the right to select all imagery published as added value, including reposting any imagery already published.

These terms apply to all advertising provided to any person or entity (‘Client’) by The Lane Creative Enterprises ACN 127 479 412 or its subsidiaries (all of which are referred to as ‘The Lane’).

12. CREATIVE TEAM & LOCATIONS

12.1 The Lane reserves the right to select and book the location and creative team for each brand partnership, including studio or other location, talent, photographer, model, hair & makeup artists, assistants, stylists and any other relevant creatives.

12.2 The Lane’s creative team and location bookings will be made based on creative relevancy, timing, location, availability and budget.

12.3 The Lane will endeavor to share information about specific creatives involved, however due to the nature of production and negotiations, please note this information will not be available
until closer to the content creation date, unless already provided by The Lane at time of sale. All creatives selected will be in line with The Lane’s high standards, commitment to cultural diversity, and brand aesthetic.

12.4 All creatives will be directed by The Lane team. For examples of past work and The Lane’s creative aesthetic, please see The Lane’s website and social media platforms.

12.5 The Lane reserves the right to change locations or creative team members due to weather, availability, or any other circumstance which may affect the quality or strategy of the creative content.

12.6 The Lane’s selected creative team only will be authorized on set. The Lane does not allow clients or brand representatives on locations physically or virtually, unless otherwise agreed.

13. SHIPPING

1. 13.1  The client is responsible for shipping costs and coordination both ways unless otherwise agreed by The Lane.

2. 13.2  The Lane does not accept any responsibility for product shipments. The client is responsible for ensuring shipments are correctly addressed. For international shipments, product must be correctly labelled as samples and valued so as to avoid customs duties/taxes.

3. 13.3  The client is responsible for all correspondence relating to shipping, including responding to shipping company & customs enquiries, tracking and ensuring product is received by deadline. Should product not be received on time, the shoot will be rescheduled at the next available time in The Lane’s content schedule.

14. PRODUCT / GARMENT CARE

1. 14.1  The Lane will be responsible for the products once in possession, and will report any damages to products on unpacking once inspected.

2. 14.2  The client is responsible for the product during shipment both ways (the client will arrange return shipment unless agreed by The Lane).

3. 14.3  The Lane takes great care in handling products and garments in our possession and will always endeavor to return samples in the same state as received. The Lane will not dry clean garments for general wear after photoshoots.

4. 14.4  Products must be collected for return shipment within 14 days after a shoot, or notice is provided that the product is ready for collection, unless otherwise agreed. The Lane will not be liable for products after this time.

15. CONTENT USAGE

1. 15.1  All creative assets created by The Lane are for editorial use only supplied for digital platforms, unless otherwise agreed. Creative assets can be re-shared by the client on social media platforms and websites in an editorial capacity only, clearly crediting the nature of the shoot, publication and creative team.

2. 15.2  Imagery must not be re-edited or used with graphics. Imagery must not be used for advertising purposes (including display/banner ads across websites, look books and campaign imagery, print and promotional material).

3. 15.3  For advertising usage, client must contact The Lane’s Brand Partnerships team for revised rates on approval.

These terms apply to all advertising provided to any person or entity (‘Client’) by The Lane Creative Enterprises ACN 127 479 412 or its subsidiaries (all of which are referred to as ‘The Lane’).

16. RATES AND TAX

16.1 The Client must pay for the Brand Partnership at the rates in the relevant rate card, unless otherwise agreed.

16.2 The Client must pay GST if applicable (to Australian companies) at the same time as it pays for the Brand Partnership. The Lane will provide the Client with a tax invoice or adjustment note upon request (as applicable).

16.3 The Client’s eligibility for discounts and rebates will be based on the Client’s GST-exclusive Brand Partnership spend.

17. CREDIT

17.1 The Lane may grant, deny or withdraw credit to a Client at any time in its discretion.

18. PAYMENT

1. 18.1  The Client must pay for the Brand Partnership:
   (a) by pre-payment via, if required by The Lane for upfront payments unless otherwise agreed; (b) For instalment plans, credit cards will be charged on the instalment plan date as outlined in the DocuSign Booking Contract.
   Declined transactions will incur a $40 administration fee.
   (c) For approved bank transfer payments, by invoice date and remittance must be emailed to accounts@thelane.com

2. 18.2  The Client must pay:
   (a) for Brand Partnerships in accordance with the Creative Content or Exposure option ordered by the Client, whichever is greater;
   If Client fails to provide the copy or material for space that is booked, Client will still be charged unless a cancellation is approved by The Lane;

3. 18.3  The applicable rate for any booking will be the rate specified in the rate card as at the date for publication specified in the Confirmation Advice (Digital Insertion Order). The Client must pay the applicable rate to The Lane Creative Enterprises Pty Ltd (TLCE) at the time of presentation of TLCE ‘s invoice or on such later date as may be specified by TLCE.

4. 18.4  If TLCE provides Brand Partnership services in relation to a Booking but fails to issue an invoice (for whatever reason) relating to that Booking, the Customer agrees to pay for the Brand Partnership services as if the invoice had been issued and on such terms as are generally incorporated in relation to such invoices.

5. 18.5  The Lane accepts credit card payments only, unless otherwise agreed for payments over $10,000.

19. FAILURE TO PAY AND OTHER BREACH

1. 19.1  If a Client fails to pay for Brand Partnerships in accordance with clause 18 or if a Client suffers an Insolvency Event as defined in clause 19.2, The Lane may (in its discretion and without limitation): (a) cancel any provision of credit to the Client;
   (b) require cash pre-payment for further Brand Partnerships;

   (c) take proceedings against the Client for any outstanding amounts;
   (d) recover from the Client all costs of action taken by The Lane to recover amounts owing, including without limitation, mercantile agency and legal costs on a full indemnity basis;
   (f) cease publication of any further Brand Partnerships on behalf of the Client and terminate any agreement in relation to Brand Partnership not yet published; and
   (g) exercise any other rights at law.

2. 19.2  A Client suffers an ‘Insolvency Event’ if:
   (a) the Client is a natural person and the Client commits an act of bankruptcy;
   (b) the Client is a body corporate and the Client:
   (c) cannot pay its debts as and when they fall due;
   (d) enters an arrangement with creditors other than in the ordinary course of business;
   (e) passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);
   (f) has a receiver, manager, liquidator or administrator appointed to any of its property or assets; or (g) has had a petition presented for its winding up.

3. 19.3  The Client reserves the right to withhold any discounts or rebates if the Client fails to comply with its payment obligations.

4. 19.4  A written statement of debt duly signed by an authorised employee of The Lane shall be prima facie evidence and proof of the amount owed by the Client to The Lane.

These terms apply to all advertising provided to any person or entity (‘Client’) by The Lane Creative Enterprises ACN 127 479 412 or its subsidiaries (all of which are referred to as ‘The Lane’).

20. LIABILITY

20.1 The Client acknowledges that it has not relied on any advice given or representation made by or on behalf of The Lane in connection with the Brand Partnership.

20.2 The Lane excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).

20.3 The Lane limits its liability:
(a) for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
(b) for any other error or omission in published Brand Partnerships caused by The Lane:
(c) at The Lane’s option, to re-supply of the Brand Partnership or payment of the cost of re supply.

20.4 Subject to clauses 12.2 Lane excludes all other liability to the Client for any costs, expenses, losses and damages incurred by the Client in connection with these Terms and any Brand Partnership published by The Lane, whether that liability arises in contract, tort (including by The Lane’s negligence) or under statute. Without limitation, The Lane will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.

20.5 The Client indemnifies The Lane and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Client’s breach of these Terms and any negligent or unlawful act or omission of the Client in connection with the Brand Partnership.

22. CONFIDENTIALITY

1. 22.1  Each party must treat as confidential, and will procure that its Brand Partnership agents, other agents, contractors and representatives (“Agents”) treat as confidential:
   (a) the terms of this Agreement (including terms relating to volumes and pricing);
   (b) any information generated for or pursuant to the performance of this Agreement, including without limitation all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;

   (c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
   (d) any information derived wholly or partly for any information referred to in
   (a) to (c) above;

   (e) unless disclosure is required by law.

2. 22.2  Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.

23. INDEMNITY

The Client indemnifies The Lane, its employees, agents and affiliates, and their employees and agents against any action, claim, loss or expense arising from publication of Copy or cancellation or failure to publish any Copy and all costs, losses and expenses suffered or incurred by The Lane, its employees, agents and affiliates, and their employees and agents as a result of any breach by the Client of these conditions or any agreement between the Client and The Lane.

24. LIABILITY

The Lane will not be liable under these conditions or otherwise and the Client acknowledges that The Lane excludes liability under these terms & conditions of trace and in law for any indirect, special, economic or consequential loss or damage suffered or incurred by the Client or loss of revenue,
profits, goodwill, data or opportunities or loss of anticipated savings whether caused by negligence or otherwise and whether or not The Lane was aware or should have been aware of the possibility of such damage. To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. Liability of The Lane for any breach of a term or condition whether implied by law or otherwise is limited, at The Lane’s option, to the supply of any service again or the payment for the cost of having any service supplied again.

25. GENERAL

25.1 These Terms, together with any other written agreement between the Client and The Lane relating to these Terms, represent the entire agreement of the Client and The Lane for Brand Partnerships. They cannot be varied except in writing by an authorized officer of The Lane.

25.2 The Lane will not be liable for any delay or failure to publish Brand Partnerships caused by a factor outside The Lane’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

25.3 The Lane may serve any notice on a Client by sending it by pre-paid post or email to the last known address of the Client.

25.4 These Terms are governed by the laws of the State in which the billing company for the Brand Partnership is located and each party submits to the nonexclusive jurisdiction of that State.