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.

LICENSE GRANTED TO CLIENT

The Photographer does not accept commissions to create copyright works other than to agree to license such parts of the works so created as selected by the Photographer for presentation to the Customer.

COPYRIGHT

The Photographer will own the Copyright for all original work. Note: It is standard practice for professional photographers to retain their copyright. I permit (or license) 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 permission of the customer.

CUSTOMER LICENSED TO USE PHOTOGRAPHS

The Photographer licenses the Customer to use the photographs for any purpose with the following exceptions:

a) Unless the photograph(s) are taken for commercial purposes, the Customer cannot use any photograph for any commercial purpose without permission. Note: Broadly speaking, professional photos are taken for one of three purposes: commercial, editorial or personal use. Obviously, photos taken for a commercial client can be used for that commercial purpose, however photos taken for another use such as editorial or personal, cannot be used for any commercial purpose with permission.

b) The Customer cannot on-sell or give away any photograph without permission.

c) Although minor 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.

STORAGE AND BACKUPS

The Customer is responsible for the storage and backup of photographs supplied. Note: I do keep backup copies of all work undertaken but I cannot guarantee that those backups will be accessible into the future.

PRIVACY AND PERSONAL INFORMATION

As part of creating the Photographic Work, the Photographer may collect personal information about the Customer. This information will only be used for communicating with the Customer for any purpose relating to the Photography, and will never be passed onto any other person or organisation without the express permission of the Customer.

PAYMENT

Payment for all invoices shall be made without deduction within the timeframe agreed.

LATE PAYMENT

If payment is not made by the agreed date, a reminder invoice will be sent, and if the payment remains outstanding the matter may be passed to a debt recovery company. Any invoice passed on for collection may have an administration charge of $100.00 (one hundred dollars) plus GST added. 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 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.

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 any location including parks, grounds, buildings, and any other services such as hairdressers and stylists etc. Note: This provision does not include items such as photographic equipment, film, processing etc, or any other services that may be outlined in the Contract.

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 (and the company, Graeme Bowden Ltd). 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 means any agreement between the Photographer and the Customer.