ACCEPTANCE
All Photographic Work undertaken by the Photographer is subject to the Terms and Conditions set out below. By accepting the Contract, the Customer agrees to these Terms and Conditions. Unless expressly agreed in writing, the Photographer will not be bound by any terms and conditions set by the Customer.
LICENCE GRANTED TO CLIENT
The Photographer does not accept commissions to create copyright works other than to agree to licence such parts of the works so created as selected by the Photographer for presentation to the Customer. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of the Copyright Act 1994.
COPYRIGHT
The Photographer will own the Copyright for all original work.
Note: It is standard practice for professional photographers to retain their copyright and many strictly control the use of their images. However I permit (or licence) customers to use their photographs for almost all purposes (but see restrictions below). By retaining copyright, I am able to use any photograph for any promotional, advertising or competition purposes - however I undertake not to use images for any purposes other than promoting my own business without the express permission of the customer.
CUSTOMER LICENSED TO USE PHOTOGRAPHS
The Photographer licenses the Customer to use or copy the photographs for any purpose with the following exceptions:
a) The Customer cannot on-sell any photograph without permission.
b) The Customer may scan and store a photograph electronically, and is free to electronically transmit photographs. Although adjustments are permitted, the Customer may not substantially alter, manipulate or distort any image without permission.
MORAL RIGHTS
The Photographer asserts his Moral Rights.
Note: Moral Rights basically give the photographer the right to be identified as the author; the right to object to any derogatory treatment of the work; and the right to privacy of certain photos.
PAYMENTS
Payment for all invoices other than Wedding Photography (see below) shall be made without deduction within one month from the date of the invoice that accompanies the delivery or supply of the goods or services.
PAYMENTS - WEDDING PHOTOGRAPHY
A Deposit equal to $100.00 or 10% of the total cost (whichever is the greater) is payable to the Photographer when booking. Unless there are exceptional circumstances, the Deposit is not refundable.
The balance of the total cost is due the week before the wedding day although the Photographer will accept final payment on the day. If full payment is not received by the due date, processing and printing may be delayed until the invoice is paid.
LATE PAYMENT
The Photographer has a policy of referring all late payments to a debt collection company. If payment is not made by the due date a reminder invoice will be sent, and if the payment is still outstanding two weeks from that date the matter may be passed to a debt recovery company. Any outstanding invoice passed on for collection will have an administration charge of at least $20.00 (twenty dollars) added. For invoices less than the debt recovery company’s minimum, the administration charge will equal the amount required to meet that minimum or $20.00 (twenty dollars) whichever is the greater.
The customer is also liable for all costs and expenses, including debt collection fees and commissions, incurred by the Photographer as a result of the Customer’s default.
The Photographer also reserves the right to charge the Customer penalty interest at the rate of 2.5% per month, calculated daily, for the period that the amount is outstanding without prejudice to any of the Photographer’s rights and remedies in respect of such default arising from non payment on the due date.
Note: Debt collection commissions are often around 20% + GST, and many companies set the minimum amount they will collect at $50. Therefore a $100 unpaid invoice may increase to almost $150 and a $10 invoice could increase to over $61. Both examples are indicative only, and exclude penalty interest and any other fees and charges incurred in recovering the debt.
OWNERSHIP
Ownership of all Photographic Works shall be retained by the Photographer until the contract price is paid in full.
RESPONSIBILITY FOR CONTRACTORS
Unless otherwise specified in the Contract, the Customer is responsible for all payments to all other persons or companies who supply products or services in respect of the photography. This includes any applicable fees for using parks, grounds, buildings or any other location, and services such as hairdressers, stylists, floral arrangements etc. This provision does not include items such as photographic equipment, film, processing and photographic materials etc, or any other photographic services that may be outlined in the Contract.
POSTPONEMENT OR CANCELLATION OF WEDDING
Unless there are exceptional circumstances, the Customer will forfeit the Deposit upon cancellation of any Wedding Contract, however the Deposit may be transferred to a new date if the wedding is postponed, provided a suitable day can be rescheduled with the Photographer.
CONSUMER GUARANTEES ACT
The Consumer Guarantees Act 1993 shall apply unless the Photographic Works are purchased for business purposes as described by the Act.
LIABILITY
Except as provided for by the Consumer Guarantees Act, the Photographer will not be liable for any loss or damage whatsoever for any material entrusted to him or to his agents or sub-contractors, and furthermore the Customer shall indemnify the Photographer against any claims by the Customer or any of its customers, servants, agents or any other persons in respect to any loss, damage or injury arising from the Photographic Works or in any respect whatsoever.
INDEMNITY
The Customer fully indemnifies the Photographer against any claims, costs or expenses arising out of any illegal or defamatory Photographic Work.
DEFINITIONS
Photographer means Graeme Bowden, professional photographer. The Customer or Client is the person or persons contracting the Photographer. Photographic Work or Photographic Works means any photographic work including film, photographic prints, digitised images or images in any form or medium whatsoever created by the Photographer. Contract or Wedding Contract means any agreement between the Photographer and the Customer.
v3.01 updated November 2007
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