Terms + Conditions

1.             Services

1.1           In consideration of the Fee, the Photographer/ Videographer agrees to provide the Services to the Client and to produce the Images/Video.

2.             Payment and Fees

2.1           The Client agrees to pay the Fees and Expenses (plus GST, if applicable) to the Photographer/ Videographer strictly within fourteen (14) days’ following the provision of the Photographer/ Videographer’s invoice. The parties agree that once paid, all component of the Fee are non-refundable. 

2.2           If GST applies to any supply made under this Agreement, then the party making that supply may, in addition to any other amount payable in this Agreement, recover from the other party an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under this Agreement is exclusive of GST.

3.             Rights Granted

3.1           Subject to the Client paying the Fees and Expenses in full, the Photographer/Videographer grants to the Client the Licence to use the Images/Video for the Permitted Use, in the Media, through the Territory and for the duration of the Term (starting from the Commencement Date).

3.2           The Licence is non-transferrable and unassignable and will automatically expire at the end of the Term. The Client acknowledges and agrees that it shall not use, exploit or publish the Images/Video for any additional time period, or in any additional media or territories without the Photographer/ Videographer’s prior written approval. If the Client wishes to extend or alter the Permitted Use, Media, Territory and/or Term, or if the Client wishes to obtain additional Images/Video, the parties agree they will negotiate a further fee in good faith at the time.

3.3           The Client acknowledges and agrees that all intellectual property rights, including copyright, in any materials produced in the course of the Services (including but not limited to the Images/Video, electronic material, prints or other materials) (the Services Material), remain the property of the Photographer/Videographer. Nothing in this Agreement will be taken to constitute a transfer, assignment or grant of any ownership rights in the Services Material to the Client.

3.4           The Images/Video may not be cropped, bled, overprinted, obscured by print or other text or altered in any way without the prior written approval of the Photographer/Videographer.

3.5           Without limiting any other remedies available to the Photographer/Videographer, the Photographer/Videographer reserves the right to revoke the Licence if the Images/Video are used other than in accordance with the terms of this Agreement.

3.6           The Client must provide the Photographer/ Videographer with the Required Credit (where applicable), which must appear in conjunction with the Images/Video. The Photographer/ Videographer asserts all moral rights in the Images/Video and it is the Client’s responsibility to ensure that there is no infringement of the Photographer/Videographer’s moral rights in accordance with Part 9 of the Copyright Act 1968(Cth) without the Photographer/Videographer’s prior written consent.

3.7           Notwithstanding the terms of the Licence, the Photographer/Videographer reserves the right to use the Images/Video for the purpose of promoting and marketing the Photographer/ Videographer, including displaying the Images/Video in the Photographer/ Videographer’s portfolio, on the Photographer/ Videographer’s website and for the purpose of entering the Images/Video in awards. The Photographer/Videographer expressly reserves all rights not expressly granted to the Client pursuant to this Agreement.

4.             Warranty & Indemnity

4.1           The Client warrants that: i) it has full power and authority to enter into this Agreement; ii) it has obtained all necessary clearances (including talent/model releases) in relation to the subject matter to be photographed; and iii) it will only use the Images/Video in accordance with the Licence and this Agreement.

4.2           The Client releases and indemnifies the Photographer/Videographer against any liability, loss, claim, injury or damage (including legal costs) incurred by the Photographer/ Videographer as a direct result of a breach of this Agreement by the Client or arising from the Client’s use of the Images/Video.

4.3           The Client acknowledges that the Photographer/ Videographer has not made any warranties with respect to the success of the Services or use of the Images/Video in respect of the Client’s business or commercial performance or otherwise of any media, marketing, or communications channel or marketing or advertising campaign.

5.             Cancellation

5.1           If the Client cancels this Agreement, the Client acknowledges that the Photographer/ Videographer will retain the Non-Refundable Deposit and any other part of the Fee (if paid) set out in the Part 1: Agreement Details.

6.             Termination

6.1           Either party may terminate this agreement without cause on 30 days’ written notice to the other party.

6.2           The Photographer/Videographer may terminate this Agreement (and any Licence) where: i) the Client fails to pay any part of the Fee or Expenses in accordance with this Agreement; or ii) the Client is in breach of this Agreement and fails rectify the breach within seven (7) days after receiving written notice for the breach from the Photographer/Videographer.

6.3           Immediately upon termination of this Agreement for any reason, all rights in the Images/Video immediately revert to the Photographer/ Videographer and the Client must immediately return all physical copies of the Images/Video (and any of the Photographer/Videographer’s equipment) in the Client’s possession and make payment of any outstanding Fees and Expenses owed to the Photographer/Videographer.

7.             General

7.1           Capitalised terms have the meanings given to them in Part 1: Agreement Details.

7.2           This Agreement contains the entire agreement of the parties with respect to its subject matter and any previous understanding, agreement, representation, or warranty relating to that subject matter is replaced by this Agreement and has no further effect. No additional terms may be imposed on the Photographer/Videographer unless agreed in writing. This Agreement may only be amended by agreement in writing.

7.3           Any term of this Agreement which is fully or partly void or unenforceable is severed to the extent that it is void or unenforceable and the remainder of this Agreement continues in force.

7.4           The Photographer/Videographer will not be liable for any failure or delay in the performance of the Services or provision of Images/Video if that failure or delay is due to any circumstances beyond the Photographer/Videographer’s reasonable control.

7.5           This Agreement is governed by and is to be construed in accordance with the laws of Queensland, Australia and the parties submit to the jurisdiction of the courts of Queensland, Australia.