Definitions

For the purpose of this agreement, 'Photographer' means Vivera Studio. ‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.


Copyright 


The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

 

Ownership of Materials 


Title to all Photographs remains the property of the Photographer. When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.



Use


The License to Use comes 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 the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.



Exclusivity


The client may be authorized to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes.



Client Confidentiality 


The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.



Indemnity

While the Photographer takes all reasonable care in the performance of this agreement generally, the Photographer shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption. 


a. The Client agrees to indemnify the Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the Photographer.



b. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the Photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained



Expenses 


Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown as having been agreed or estimated.



Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.


Cancellation


A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.



Right to a Credit 


Where a booking is cancelled at least 48 hrs prior to scheduled session, the Client may request a credit for another session to be scheduled at a specified future date. The date is to be discussed and agreed with the Photographer. The Client forfeits this right if the cancellation is made less than 48 hrs prior to scheduled session. 




Electronic Storage

Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.



Applicable Law


This agreement shall be governed by the laws of Australia


Variation


These Terms and Conditions shall not be varied except by agreement in writing.

Menu