1. Licence Granted to Client
The copyright in all Photographic Works resulting from the Booking or Order remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. The Photographer and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.
The Client acknowledges that the purpose of the creation of the Photographic Works includes the right of the Photographer to:
a) enter the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and b) advertise or otherwise promote the Photographer’s Work; and
c) submit the Photographic Works for display at art galleries or other premises; and
d) use the Photographic Works for any other purpose within the Photographer’s business activities.
2. Client Cooperation
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time. Failure of any person to arrive at the appointment on time will result in, at the Photographer’s discretion, cancellation or postponement.
3. Assignment Deposit
The deposit is equal to half the estimated day-rate and is required in advance to secure the agreed date and time of the assignment. The deposit is not refundable if the Client cancels or changes the engagement within 7 days of the agreed assignment date. If the Photographer fails to appear at the place and time specifed above, the deposit shall be refunded to the Client.
4. Force Majeure
Neither the Client nor the Photographer shall be liable for any loss or damage arising directly or indirectly due to an act of God, re, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside the Photographer’s control.
5. Proof Photographs
Proof photographs shall be delivered to the Client via an online gallery. The client shall provide the Photographer with a written or emailed list of the selected proof images from which nal photographs are to be prepared.
The nal invoice will be forwarded once the nal images have been selected.
6. Payment
The Client shall pay the Photographer the various agreed amounts payable in accordance with the Estimate and/or Booking agreement.
The client acknowledges that the nal images will only be made available 5 business days after full payment has been received.
7. Priority image delivery and rush-jobs
Priority image delivery (within 5 business days of payment) can be arranged if needed and will incur an additional fee equal to 50% of the nal image fee.
8. Liability of photographer limited
The Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.