1. INSTRUCTIONS MUST BE IN WRITING
1.1 The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed upon in writing.
2. LICENCE GRANTED TO CLIENT
2.1 Except as may be expressly provided in the Agreement, the copyright in all Photographic Works resulting from the Booking/Order remains the property of the Photographer under the Copyright Act 1968 (Cth).
2.2 The Photographer grants the Client a non-exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client. The Licence includes the right to reproduce and publish the Photographic Works for the purposes, territories, and time periods specified in the Booking/Order, subject to these terms and conditions.
2.3 If the Photographic Works have been produced for an Advertiser named in the Agreement, the Photographic Works may only be used by the Advertiser. The Client must ensure that the Advertiser complies with the Client’s obligations and all other terms and conditions of the Agreement.
2.4 The Photographer retains the right to use the Photographic Works in any manner, at any time, and in any part of the world for the purposes of:
a. Entering the Photographic Works into competitions or awards and publishing material promoting those competitions or awards;
b. Advertising or promoting the Photographer’s work, including via social media;
c. Displaying the Photographic Works in art galleries or other premises;
d. Using the Photographic Works for any purpose within the Photographer’s business activities.
3. CONDITIONS OF LICENCE
3.1 The Licence to use and the right to use the Photographic Works commences from the date of full payment of all amounts owed to the Photographer in relation to the Photographic Works and the Agreement, unless the Photographer gives express written permission otherwise.
3.2 This Licence must not be assigned to any third party without the Photographer’s prior written permission, which shall not be unreasonably refused. However, it may be sublicensed by the Client to the Advertiser named in the Agreement on the same terms and conditions of this Licence (excluding any further right to sublicense).
3.3 The Client is entitled to:
a. Manipulate, distort, or make other alterations to the Photographic Works unless this right is expressly excluded in the Agreement;
b. Use only a portion of the Photographic Works.
3.4 Copyright in any new Photographic Works created from manipulation or alteration of the licensed Photographic Works remains with the Photographer and is licensed to the Client under the same terms.
3.5 Any breach of the Agreement by the Client (or by the Advertiser with the Client’s knowledge) which results in damage to the professional reputation of the Photographer entitles the Photographer to compensation in addition to any other remedies available.
4. ASSIGNMENT OF COPYRIGHT
4.1 Where the Agreement specifies that copyright in the Photographic Works is assigned to the Client:
a. The Photographer assigns copyright to the Client upon full payment of all amounts owed.
b. The Client is responsible for obtaining all necessary releases or waivers.
c. The Client indemnifies the Photographer against any claims arising from use of the Photographic Works.
d. The Photographer retains moral rights and the rights described in clause 2.4.
5. MORAL RIGHTS
5.1 The Photographer asserts their moral rights under the Copyright Act 1968 (Cth). Each use of the Photographic Works must include a credit line acknowledging the Photographer’s name and copyright.
5.2 If attribution is not provided, the Client must pay a non-attribution fee equal to 200% of the Photographer’s fee, which is a fair pre-estimate of the loss suffered.
6. DATA PRESERVATION
6.1 The Client must not remove or alter metadata or rights information accompanying the Photographic Works.
7. STORAGE AND BACKUPS
7.1 The Client acknowledges that they are responsible for storing and backing up the Photographic Works. While the Photographer will follow standard backup procedures, the Photographer is not liable for any loss of the Photographic Works.
8. PRIVACY AND PERSONAL INFORMATION
8.1 The Photographer may collect and retain personal information about the Client for purposes related to the Agreement, including direct marketing.
8.2 The Client authorizes the Photographer to use and disclose personal information for these purposes.
9. PAYMENT TERMS
9.1 All prices are in AUD and include GST unless specified otherwise. The Client shall pay:
a. A non-refundable 50% deposit to secure the Booking/Order.
b. The remaining balance within 7 days of the final invoice.
9.2 Late payments will incur a 2.5% interest fee per month on overdue amounts.
10. JOB-RELATED COSTS
10.1 The Client shall reimburse the Photographer for all job-related costs, including travel, accommodation, props, or equipment rental.
11. URGENT WORK
11.1 The Photographer will not be liable for any losses or damages arising from the inability to re-shoot or adjust Photographic Works requested on an urgent basis.
12. CHANGES TO THE ESTIMATE
12.1 Estimates provided by the Photographer are subject to change based on adjustments to the job specifications.
13. OVERDUE PAYMENTS
13.1 Overdue payments may result in the suspension of further work and the accrual of interest at 2.5% per month.
14. CANCELLATION
14.1 Cancellation fees:
a. 100% of fees for cancellation within 24 hours of the shoot.
b. 50% of fees for cancellation within 24-72 hours.
c. 25% of fees for cancellation more than 72 hours before the shoot.
14.2 Job-related costs incurred before cancellation will be reimbursed by the Client.
15. POSTPONEMENT
15.1 Postponement fees:
a. 50% of the daily fee if postponed within 24 hours of the shoot.
b. 25% of the daily fee if postponed with more than 24 hours’ notice.
16. WEATHER CONDITIONS
16.1 Weather-permitting bookings must be pre-agreed. The Client is responsible for weather-related costs, including postponements or cancellations.
17. WORK SUSPENDED ON THE CLIENT’S INSTRUCTIONS
17.1 If work is suspended for 30 days or more, the Client must pay for all work completed to date.
18. RESPONSIBILITY FOR CONTRACTORS
18.1 The Client is responsible for ensuring all contractors have proper agreements and releases.
19. CLIENT PROPERTY AND MATERIALS
19.1 The Photographer accepts no liability for damage or loss of Client-supplied materials.
20. CLIENT CONFIDENTIALITY
20.1 The Photographer will keep any confidential information provided by the Client secure, unless disclosure is required to fulfill the Agreement.
21. INDEMNITY
21.1 The Client indemnifies the Photographer for any loss, claims, or damages arising from breaches of the Agreement or unlawful use of the Photographic Works.
22. COLOUR VARIATION
22.1 The Photographer is not responsible for colour variations caused by third-party systems or material aging.
23. QUALITY OF PHOTOGRAPHIC WORKS
23.1 The Photographer will rectify any technical defects in the Photographic Works at no extra cost.
24. AUSTRALIAN CONSUMER LAW
24.1 These terms do not exclude or limit the Client’s rights under the Australian Consumer Law (ACL).
25. PHOTOGRAPHER NOT LIABLE FOR LOSSES
25.1 The Photographer is not liable for any indirect, consequential, or economic losses caused by delays or errors.
26. LIABILITY OF PHOTOGRAPHER LIMITED
26.1 The Photographer’s liability is limited to the total payments made by the Client under the Agreement.
27. HEALTH AND SAFETY
27.1 The Client agrees to comply with all reasonable health and safety directions provided by the Photographer.
28. FORCE MAJEURE
28.1 Neither party is liable for delays or non-performance caused by events beyond their control, including natural disasters or government actions.
29. DISPUTE RESOLUTION
29.1 Parties agree to resolve disputes through good faith negotiations before pursuing legal action.
30. CONFLICTS
30.1 In case of conflict between these terms and the Booking/Order, the Booking/Order prevails.
31. GOVERNING LAW
31.1 These terms are governed by Australian law. The parties submit to the exclusive jurisdiction of the Australian courts.
Definitions
Advertiser:
The end user of the Photographic Works where the Photographer is engaged to produce the Photographic Works on behalf of an advertising agency, design firm, or other intermediary.
Agreement:
The Booking/Order, together with these terms and conditions and any additional special conditions agreed to in writing between the parties.
Booking/Order:
An order or request by the Client for the production, supply, or viewing of Photographic Works, including (but not limited to) bookings, quotes, proposals, estimates, or appointments made for a shoot or viewing.
Client:
The person, business, or entity listed in the Booking/Order who engages or instructs the Photographer to produce the Photographic Works.
Job-Related Costs:
Any costs incurred by the Photographer on behalf of the Client to deliver the agreed services, including (but not limited to) travel, accommodation, props, equipment rental, permits, and catering.
Licence:
The rights granted by the Photographer to the Client to use the Photographic Works as outlined in the Agreement, subject to the terms and conditions specified.
Photographic Works:
The deliverable works specified in the Booking/Order and created or supplied by the Photographer. This includes, but is not limited to, photographs, photographic prints, digital files, negatives, transparencies, and moving images (video) in any form or medium.
Photographer:
The individual, studio, or business providing photographic or videographic services under this Agreement, including any employees, subcontractors, or agents acting on behalf of the Photographer.
Price List:
The Photographer’s schedule or list of standard prices for goods and services at the time the Agreement is made.
GST:
Goods and Services Tax as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Australian Consumer Law (ACL):
The provisions under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that govern consumer rights and protections.
Force Majeure:
Events beyond the reasonable control of either party that prevent performance under the Agreement, including but not limited to natural disasters, pandemics, government actions, strikes, or other extraordinary circumstances.
Confidential Information:
Any information provided by one party to the other that is designated as confidential or that would reasonably be understood as confidential based on its nature or the circumstances surrounding its disclosure.