Terms & Conditions of Booking

The Photographer and the Client hereby acknowledge that the following Standard when Booking for Photographic or Video services:

Terms and Conditions are incorporated in and make a part of the Agreement

between the parties hereto.

1. DEFINITIONS

Client: means the Client specified in Item 1 of the Summary.

Expenses: means the expenses incurred by the Photographer and to be paid by the Client and set out in Item 4 of the

Summary.

Fee: means the total fee as specified in Item 3 of the Summary.

GST: has the meaning defined in the A New Tax System (Goods and Services) Act 1999 (Cth).

License: means the license granted by the Photographer to the Client for Uses of the Photographs as specified in Item 5 of the Summary.

Photographs: means the finished photographs taken by the Photographer and as chosen by the Client and detailed in Item 2 of the Summary.

Photographer: includes any employees, assistants, or any other parties engaged by the Photographer specified in Item 1 of the Summary to provide the Services.

Services: means the services provided by the Photographer and set out in Item 2 of the Summary.

Summary: means the Photographer Services Agreement Summary attached to this Agreement which forms part of this Agreement.

Term: means the period set out in Item 7 of the Summary.

Territory: means the territory set out in Item 8 of the Summary.

Uses: means the permitted uses granted by the Photographer to the Client for use of the Photographs as set out in Item 6 of the Summary.

ENGAGEMENT AND SERVICES

2.1

The Agreement is between the Photographer and the Client. The Client wishes

to engage the Photographer and the Photographer accepts the engagement to

hereby:

(a) provide the Services to the Client;

(b) produce the Photographs; and

Client the License on the terms set out in this Agreement.

PAYMENT AND FEES

3.1.

The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the

Photographer.

3.2

All amounts payable under this Agreement are exclusive of GST. If any amount

payable under this Agreement is the consideration for a taxable supply under

GST Law, then GST, calculated in accordance with the GST legislation, must

be paid in addition to the amount specified in this Agreement at the same

time and in the same manner as the Fee and Expenses. All stamp duties and

governmental charges, if any, arising out of or incidental to this Agreement are

the responsibility of and must be paid by the Client.

RIGHTS GRANTED

4.1.

In consideration of the full payment of the Fee and Expenses by the Client, the

Photographer grants the Client the License to use the agreed Photographs for

the Use(s) during the Term throughout the Territory. The License granted is

not effective until both Parties have signed this Agreement and the Client has

paid the Fees and Expenses in full.

4.2.

The Photographer asserts all moral rights attached to the Photographs, unless

expressly provided for in Item 9 of the Summary, and the Client does NOT

have the right to edit, change, add to, take from, alter or otherwise amend the

Photographs without the prior written consent of the Photographer.

4.3.

Notwithstanding the License granted under this Agreement, the Photographer

reserves the right to use the Photographs during the Term in the Territory for

the purposes of promoting and marketing the Photographer, including but not

limited to displaying the Photographs in the Photographer’s portfolio, on the

Photographer’s website and in galleries or in photography competitions. The

Photographer expressly reserves all other rights subsisting in the Photographs

not specifically granted in this Agreement.

4.4.

In the event that the Client wishes to extend the Use, Territory or the Term of

this Agreement, the Parties will negotiate a further use fee in good faith at the

time.

INTELLECTUAL PROPERTY

5.1.

The Photographer is the owner of the intellectual property created by the

Photographer in the course of the Services, including but not limited to the

Photographs, digital or electronic material, transparencies, negatives and prints

relating to the Photographs.

5.2.

The Photographer retains all rights and ownership in the Photographs and any

negatives (or digital equivalent) from which the Photographs are derived. No

interest in the negatives (and/or digital equivalent) is assigned or licensed to

the Client by this Agreement, unless expressly specified in the Summary. Unless

otherwise agreed in writing, the Photographer is not responsible for storing or

archiving the Photographs.

PHOTOGRAPHER’S INTERPRETATION

6.1.

The Parties agree and acknowledge that the details of the Services,

Photographs and/or works the subject of this Agreement have been discussed

by the Parties and are described in full in Item 2 of the Summary and/or any

applicable attached brief. It is further acknowledged that in the event that the

Client or the Client’s representative is not present on the Photography Date(s)

at the Location, then the Photographer’s interpretation of the Services shall

prevail.

WARRANTY AND INDEMNITY

7.1.

The Client warrants to the Photographer that:

(a) it has the capacity and authority to enter into this Agreement;

(b) it has obtained the necessary clearances in relation to the subject matter to be photographed; and

7.2.

The Client agrees to indemnify the Photographer against any actual and direct

loss, claim, injury or damage (including any reasonable legal costs or expenses

properly incurred) by the Photographer as a direct result of breach by the

Client of the above warranties.

CANCELLATION BY CLIENT

8.1

If the Client cancels the Agreement prior to the Cancellation date as set

out in Item 3 of the Summary, the Photographer reserves the right to charge

the Cancellation Fee set out in Item 3 of the Summary. In the event that the

Client cancels or postpones the Services after the Cancellation Date, the

Photographer reserves the right to charge the Client the full Fee and Expenses.

TERMINATION

9.1.

This Agreement may be terminated if:

(a) The Client fails to pay any part of the Fee or Expenses;

(b) The Client is declared bankrupt, enters into administration or into liquidation;

within 30 days after receiving notice from the Photographer of such breach.

9.2.

Immediately upon termination:

(a) All rights in the Photograph/s and/or work(s) revert to the Photographer;

(b) The Client must return all physical property (including but not limited to the

Photographs and any equipment); and

paid in full.

10.

MISCELLANEOUS

10.1.

This Agreement constitutes the entire understanding between the Parties, and

may not be modified, amended, or otherwise altered unless agreed in writing

between the parties.

10.2.

If any provision of this Agreement is held to be invalid under the law, the

validity of the whole shall not be affected. The remaining provisions will remain

in full force and effect.

10.3.

Each party must do all acts and execute all documents as necessary to give

effect to this Agreement.

10.4.

The Client must not assign or sub-license all or any of its rights in this

Agreement without prior written consent of the Photographer.

10.5.

This Agreement must be read and construed according to the laws of the state

indicated in Item 10 of the Summary. The Parties submit to the jurisdiction of

that state.