Terms and Conditions for Photographic Assignments & Website Image Usage.
Website Image Usage Terms & Conditions
All images on the Imagery Photographics website are protected under international copyright laws.
The purpose of the website is to show examples of Imagery Photographics work, the images are not intended to be downloaded or used in any way. No image displayed on this website is in the public domain. The copyright may be owned by Imagery Photographics, the clients that the images were created for, the subject of the photograph, or a combination of all of these. Any downloading or copying of images for any purpose whatsoever is a breach of copyright and strictly prohibited. Using these pictures without permission is exactly the same as breaking into our studio and stealing something off the shelf. Any unauthorised usage will be legally pursued vigorously.
If you wish to use any of the images on this site, they may be available for licencing but this must be negotiated prior to any use, including any 'rough layouts' or 'mock up page' or to show another photographer as an example of a shooting style.
Please contact us directly if you have any requests for image use.
Standard Terms and Conditions for Photography Assignments.
1. Definitions
For the purpose of this agreement "the client " shall where the context so admits include their respective assignees, sublicencees and successors in title. "photographs" means all photographic material furnished by Imagery Photographics whether transparencies, negatives, prints or any other type of physical or electronic material.
2. Copyright
The copyright in the photographs is owned by and retained by Imagery Photographics at all times throughout the world. The Client agrees that Imagery Photographics is the sole author of the photographs.
3. Licence to use
The Licence shall be for the specified time and use as agreed and shall come 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 Imagery Photographics express permission in writing. The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without Imagery Photographics express permission in writing.
4. Photographers promotional use
Where an exclusive licence is granted, Imagery Photographics will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting his work.
5. Ownership of materials
Title to all Photographs remains the property of Imagery Photographics. When the Licence has expired the photographs will be returned to Imagery Photographics.
6. No Alteration
No alteration or manipulation of the image may be made with out the permission of Imagery Photographics.
7. Clients materials
The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.
8. Payment
Payment by the client will be required for the right to use the photographs as provided within 14 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed $3,000.00 inc materials & printing, a payment of 50% of the estimated total will be paid before the work commences.
9. Indemnity
Imagery Photographics shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Imagery Photographics against any claims and/or damages against him as a result of the clients use of the photographs.
10. Client Approval
If the client is not present during the actual photography sessions then Imagery Photographics interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.
11. Cancellation and postponements
Once Imagery Photographics has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Imagery Photographics will be entitled to charge a fee for cancellation or postponement at their discretion.
12. Right to a credit
Imagery Photographics name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.
13. Client Confidentiality
Imagery Photographics will keep confidentiality and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography save as may be reasonably necessary to enable him to carry out the work.
14. Variation
These terms shall not be varied except by agreement in writing.
15. Applicable Law
This agreement is governed by the Laws of all Australian states and territories as well as International law.
