Terms and Conditions
The Photographer and the Client hereby acknowledge that the following Terms and Conditions are incorporated in and make a part of the Agreement between the Parties hereto. The Terms and Conditions are available on the client's request.
Client means the Client who service is rendered to/quotation sent to Expenses means the expenses incurred by the Photographer (and loss of income by which ever means dedicated to the same date) and to be paid by the Client License means the license granted by the Photographer to the Client for use of the photographs (If applicable under Law) Photographs means the finished photographs taken by the Photographer Photographer includes any employees, assistants, and any other parties engaged by the Photographer to deliver services Services means the service provided by the Photographer Summary means the Photographer Services Agreement as accepted by any means by the Client Term means the period of time set out for services to the specific Client Territory means the Territory Uses means the permitted uses granted by the Photographer to the Client for use of the photographs Deposit, Retainer, Lay by, Fee means money that needs to be paid to the photographer for reserving a date/rendering a service to the client payable to the Photographer (Non Refundable)
2. ENGAGEMENT AND SERVICE
2.1 The Agreement is between the Photographer and the Client. The Client wishes to engage the Photographer and the Photographer accepts the engagement to hereby: a. provide the service to the Client b. produce the photographs c. upon full payment of the Fee and the expenses, the Photographer will grant the Client the license on the terms set out between the parties. the Photographer will NOT engage into any other services rendered on the date and time the Client agreed upon by any means what so ever
3. PAYMENT AND FEES
3.1 The Client agrees to pay the Fee, non-refundable Deposit, non-refundable Reservation Fee, Retainer, Lay-by and expenses to the Photographer
4. RIGHTS GRANTED
4.1 In consideration of the full payment of the Fee, Deposits and expenses by the Client, the Photographer grants the Client the license to use the agreed photographs fur the use(s) during the term throughout the territory. The license granted is NOT effective until the Client has paid the Fees and expenses in full.
4.2 The Photographer asserts all moral rights attached to the photographs (unless otherwise agreed verbally or in writing) and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the photographs without the prior written consent of the Photographer.
4.3 Notwithstanding the license granted under this Agreement, the Photographer reserves the right to use the photographs during the term in the territory for the purposes of promoting and marketing the Photographer, including but NOT limited to displaying the photographs in the Photographer's portfolio, on the Photographer's website, social media and in galleries or photographic competitions. The Photographer expressly reserves all other rights subsisting in the photographs NOT specifically granted in this Agreement.
5. INTELLECTUAL PROPERTY
5.1 The Photographer is the owner of the intellectual property created by the Photographer in the course of the services, including but NOT limited to the photographs, digital or electronic material, transparencies, negatives and prints relating to the photographs. (If applicable under current law)
5.2 The Photographer retains all the rights and ownership in the photographs and any negatives or digital equivalents from which the photographs are derived. No interest in the negatives or digital equivalents is assigned or licensed to the Client by this Agreement, unless expressly specified. Unless otherwise agreed in writing, the Photographer is NOT responsible for storing or archiving the photographs.
6. PHOTOGRAPHER'S INTERPRETATION
6.1 The parties agree and acknowledge that the details of the services, photographs and/or works the subject of this Agreement have been discussed by the parties and are described in any applicable attachment to the brief. It is further acknowledged that in the event that the Client or the Client's representative is NOT present on the photography date(s) at the location, then the Photographer's interpretation of the services shall prevail.
7. WARRANTY AND INDEMNITY
7.1 The Client warrants the Photographer that: a. it has the capacity and authority to enter into this Agreement b. it has obtained the necessary clearances in relation to the subject matter to be photographed; and c. it will only use the photographs in accordance with the license granted under this Agreement
7.2 The Client agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage to the Photographer's equipment and person (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the Client of all the above warranties.
8. CANCELLATION BY CLIENT
8.1 If the Client cancels the Agreement, the Photographer reserves the right to charge a cancellation Fee (50% of the total quoted amount accepted by the Client). In the event that the Client cancels or postpones the services, the Photographer reserves the right to charge the Client the full Fee and expenses as accepted in the original quotation. The Photographer agreed as stipulated in 2.1d to reserve the date and time for service and any cancellation or postponement by the Client is considered breach of contract whereby the Client is held liable for the full outstanding amount as accepted in the quotation, either in writing or verbally.
9.1 This Agreement may be terminated if: a. The Client fails to pay any part of the Fee or expenses; b. The Client is declared bankrupt, enters into administration or into liquidation; c. The Client died; or d. The Client is in breach of this Agreement and has failed to rectify the breach within 10 days after receiving notice from the Photographer of such breach.
9.2 Immediately upon termination a. All rights in the photograph/s and/or work(s) revert to the Photographer b. The Client must return all physical property (including but NOT limited to the photographs and any equipment); and c. All Fees, Deposits and expenses owed to the Photographer under this Agreement must be paid in full.
10.1 This Agreement constitutes the entire understanding between the parties, and may NOT be modified, amended, or otherwise altered unless agreed in writing between the parties.
10.2 If any provision of this Agreement is held to be invalid under law, the validity of the whole shall NOT be affected. The remaining provisions will remain in full force and effect.
10.3 Each party must do all acts and mutually accepted the terms and validation of the quotation and terms thereof to give effect to this Agreement.
10.4 The Client must NOT assign or sub-license all or any of its rights in this Agreement without prior written consent of the Photographer.
10.5 This Agreement must be given to the Client upon their request although it is in full effect once any quotation was accepted either verbally or in writing.
11. PRODUCTION LEAD TIMES
11.1 Weddings and long events will take at a minimum of 3 working weeks to a maximum of 10 working weeks do produce.
11.2 Studio works and outdooor photoshoots without photo book will take between 1 to 5 working days to produce. The photographer is not liable to provide you will pictures during or immediately after the shoot.
11.3 All other services lead times can be discussed with the photographer directly.
12.Â WEDDING COLLECTIONS/DELIVERY AND CHANGES