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Terms & Conditions for Commissioning Photographic Work


Definitions

For the purpose of this agreement “The Client” shall where the context so admits include their respective assignees, sublicenses and successors in title. “Photographs” means all photographic material furnished or produced by Collin Kerr Photography – whether transparencies, negatives, prints or any other type of physical or electronic material.

Copyright

The copyright in the photographs is owned by and retained by Collin Kerr Photography at all times throughout the world. The Client agrees that Collin Kerr Photography is the sole author of the photographs.

Licence to use

The Licence shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without Collin Kerr Photography’s express permission in writing. The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without Collin Kerr Photography’s express permission in writing.

Photographers promotional use

Where an exclusive licence is granted, Collin Kerr Photography will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting their work.

Ownership of materials

Title to all Photographs remains the property of Collin Kerr Photography. When the Licence has expired the photographs will be returned to Collin Kerr Photography.

No Alteration

No alteration or manipulation of the image may be made without the permission of Collin Kerr Photography.

Client’s materials

The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.

Payment

Payment by the client will be required for the right to use the photographs as provided within 5 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed $5000.00 inc materials, a payment of 30% of the estimated total will be paid before the work commences.

Indemnity

Collin Kerr Photography shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Collin Kerr Photography against any claims and/or damages against them as a result of the client’s use of the photographs.

Client Approval

If the client is not present during the actual photography sessions then Collin Kerr Photography’s interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.

Cancellation and Postponement

Once Collin Kerr Photography has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Collin Kerr Photography will be entitled to charge a fee for cancellation or postponement at their discretion.

Refunds

Refunds will only be given in circumstances where goods are faulty or not as described. In the instance where a refund is warranted, Collin Kerr Photography require printed works, Images and digital copies to be returned prior to the refund being issued.

Right to a credit

Collin Kerr Photography’s logo, or the name Collin Kerr will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.

Archiving

The photographs are an original work and Collin Kerr Photography will not archive copies of the photographs unless specifically requested in writing prior to the work commencing. Each photograph is unique and does not have an exact duplicate and may be impossible to replace or recreate.

Client Confidentiality

Collin Kerr Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography save as may be reasonably necessary to enable him to carry out the work.

Variation

These terms shall not be varied except by agreement in writing.

Applicable Law

This agreement is governed by the Laws Australia-wide.