TERMS & CONDITIONS

 

Wilson and Lewis Photography Terms and Conditions (27/11/2017)

 

  1. DEFINITIONS.

 

For the purpose of this agreement, (a) “the Agency” and “the Client” shall include their respective assignees, guests, employees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency” and “the Client” shall be interpreted as references to the Photographer’s Client. (b) “The Photographer” will mean the Author/Creator of the Photograph, Tony Lewis, Tereza Wilson, or Wilson & Lewis Photography, and shall where the context so admits include their respective assignees, sub-licences and successor in title. (c) “Photographs”, “Image”, “Images”, and “Works” will mean all material produced by the Photographer, whether in print, digital files or any other type of physical or electronic material in existence now or yet to be developed. (d) Event/Events relate to weddings, engagements, family portraits, couple shoots, promotional work, and headshot groups of more than six people.

 

  1. AGREEMENT.

 

(a) By accepting these terms and conditions, The Clients acknowledges that they are at least eighteen years of age, or the legal age to form a binding contract within your legal jurisdiction. (b) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer will form the basis of our agreement. (c) Terms and Conditions proffered by the Client are specifically excluded unless submitted to The Photographer and agreed upon in writing by the Photographer. (d) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (e) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order, agreement, or contract on behalf of the Client is deemed to be authorised to do so. (f) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law. (g) Due care and diligence will be exercised in the performance of the assignment/s. (e) In instances of mechanical failure, file corruption, theft, accident, or any other mishap which prevents the fulfillment of this agreement, liability is limited to monies paid.

 

  1. PROVISIONS.

 

(a) It is the responsibility of the client to provide The Photographer with information, materials, or provisions required to adequately fulfill the brief. (b) A suitable location to work from (c) and meal/refreshments may be required on any task over 3 hours in duration. (d) The Client is responsible for any props, objects, items or services they would like to be seen the works. (e) Event schedules, shot lists and other requested details must be presented no later than 14 days prior to an event. (f) The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.

 

  1. CLIENT CONFIDENTIALITY.

 

(a) The Photographer will keep confidentiality and will not disclose information to any third parties or make use of 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.

 

  1. INDEMNITY.

 

(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained before disapplying works/images (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are 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 picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, or consequential loss of profit/income however caused including negligence by the Photographer, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

 

  1. WORKING CONDITIONS.

 

(a) Verbal requests from the Client may be rejected by The Photographer if they are deemed to be unsafe, unfair, unethical, abusive, or would cause harm to The Photographer, other persons, animals, or the environment. (b) The Photographer should be treated respectfully in all communications both written and verbal. (c) Unsatisfactory working conditions, unfair treatment, harassment, abusive behavior, or failure to comply to these terms and conditions may lead to refusal/cancellation of service at any point. (d) It is the responsibility of The Client to observe their own personal safety. (e) The photographer will not be held responsible for any personal accidents. (f) In the event of adverse weather conditions including but not limited to rain, hail, strong winds, thunder, electrical storms, floods, fires etc. It is The Photographer’s discretion to determine whether alternative, sheltered and/or safe locations to shoot should be found and/or to, reschedule or wait for more favourable conditions to arise.

 

  1. AVAILABILITY.

 

(a) Meetings are to be held at mutually agreeable times and will be confirmed in writing (b) The Photographer will not be able to attend events, or make available certain dates/times if prior responsibilities prohibit this. (c) The photographer will not be held liable if an appointment cannot be made. (d) If an in-person meeting cannot be arranged the use of a telecommunications may be requested i.e. skype (d) Adequate time must be afforded to The Photographer by The Client to complete tasks in the brief. (e) The Photographer reserves the right to cut appointments short due to late arrival or delays beyond our control.

 

  1. EXPENSES & FEES.

 

(a) Where extra expenses, added extras, or times are incurred by the Photographer, as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated. (b) If the chosen location is beyond 25km of the Adelaide CBD, (for headshots/ portraits / couples / engagement photography), or 65km of the Adelaide CBD, (for weddings), additional travel fees will be charged. (c) Fees for accommodation may also apply for locations further than 100km, and/or, longer than 8 hours in duration. 

 

  1. PAYMENT.

 

(a) Event Clients are required to make a booking fee of          % upon signing this agreement. (b) The remaining balance will be settled no later than 30 days prior to the event. (c) Client invoices will be paid within 30 days of the issue of the invoice for the commissioned work. (d) Thereafter, services may be restricted, or further charges may be made for any additional statement, letter (whether as an email, fax etc.) issued for the recovery of the outstanding debt of not less than $20 each and all other costs for the recovery of debts including bank charges.

 

  1. CANCELLATION & POSTPONEMENT.

 

(a) A booking is only considered firm as from the date a confirmation is made in writing from the Photographer. (b) Cancellations / Postponements are to be made verbally and again in writing, with as much notice as possible. (c) The Photographer may, at his/her discretion, withhold the booking fee as a cancellation/postponement fee. (d) Assistance locating alternative coverage will be offered in the event The Photographer cancels, he/she will do so only in emergency situations in which case (e) and will not be held liable for the inability to provide the agreed service (f) and the booking fee of the cancelled service will be returned in full. (g) Cancellation of print orders by The Client will incur charges to cover full cost of production. (h) unless agreed upon by The Photographer and rescheduling or re-shoots will be done so at the Clients expense and will be charged accordingly.

 

  1. COMPLETION & DELIVERY.

 

(a) Headshot, Portrait, Engagement, and, Couples Photography shall be delivered in a timely manner of no later than 14 days from the appointment / order date and will be delivered via digital download unless a USB has been purchased. (b) Wedding highlights will be uploaded to the Photographer’s website within 14 days. (c) On average wedding images will be completed within 4-6 weeks and thereafter delivered in person, on a USB device. (d) Print orders are handled by external companies and may take up to 6 weeks for competition (f) The Photographers accepts no responsibility for delays in production beyond his/her control (g) or loss or damage caused by postal services. (h) The Client may choose to collect printed material in-person if arranged in writing. (i) Delivery of finished images and usage rights will not be made until the invoice has settled in full. (j) All files digital files will be delivered in high & low-resolution jpg files suitable for display online or as prints up to 15 inches across the long edge. (k) Competition and Delivery will not occur until invoices have been paid in full.

 

  1. REJECTION.

 

(a) Unless a rejection fee has been agreed in advance, there is no right to reject based on style or composition. (b) The Photographer will not be held liable for any event/action/person/rules/regulation beyond his/her control which negatively affects the quality of works or delays in production. (c) The Client acknowledges that Photographers work, and photographic style is artistic in nature, photos taken may differ from those taken in the past (d) and the Photographer will use their expertise and artistic judgement to create images consistent with their creative vision.

 

  1. COPYRIGHT.

 

(a) The Author retains the entire copyright to the Photographs and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of the improper use of those images. (c) The Client may purchase a share, or exclusive copyright only if agreed upon, and granted in form of writing from the Photographer. (d) Unless a separate model release has been issued, the Client hereby releases all claims and liability relating to the Images. (e) It is agreed that The Photographer may display and use the photographs taken for advertising, display, website, online, print, promotion, photographic contests, public display, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising.

 

  1. USE.

 

(a) A Licence to Use Form will be used if deemed applicable by the photographer, (b) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). (c) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (d) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency/Client is put into receivership or liquidation. (e) Where 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: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an Image breach the Licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.

 

  1. RIGHT TO A CREDIT.

 

(a) The Photographer’s name must be printed, displayed or linked to, on or in reasonable proximity to all published reproductions of the Photograph(s).

 

  1. EXCLUSIVITY.

 

(a) Unless agreed to in a written contract, on the Licence to Use, and the Invoice no exclusivity is given or implied to The Agency and/or The Client. (b) The Photographer retains the right in all cases to use or sell the Photographs at will. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences. (d) The Client may purchase Exclusivity only if agreed upon, and granted in form of writing from the Photographer. (e) Unless agreed upon in writing, The Photographer will be the only professional stills photographer on location.

 

  1. SUPPLY TO THIRD PARTIES.

 

(a) The licence only applies to the Client and product stated on the Licence to Use. (b) The client, who has not been issued a Licence to Use may supply Images to third parties for personal and non-commercial usage, such as print publications, blogs, family members, but this does not imply a share of the copyrights. (d) The Client will instruct third parties of RIGHT TO CREDIT  13(a). (e) Only Images displaying The Photographer’s watermark may be provided to third parties including but not limited to; vendors, suppliers, designers, stylists, venues, and, artists

 

  1. OWNERSHIP OF MATERIALS.

 

(a) Title to any Works is not transferred to the Client until payment of the invoice has been received in full.

 

  1. ELECTRONIC STORAGE / ONLINE MEDIA.

 

(a) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. (b) Digital Data is stored by the Photographer for up to twelve months, on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive. (c) The Photographer will not be held liable for the loss or corruption of data files.

 

  1. GUARANTEE.

 

The Photographer is able to work in numerous environments and lighting conditions producing numerous technical photographic techniques whilst delivering great customer service and top-quality images. (a) The Photographer guarantees to always commit with his/her best effort to producing works consistent with demonstrated abilities for The Client (b) A re-shoot, or full/ part refund part may be offered if poor work is produced due fault or negligence by the Photographer and no outside force has prevented the completion of satisfactory works. (c) Each Client will be treated fairly and respected as an individual in each communication and meeting. (d) No image will be used in an unfair or damaging way toward the client.

 

  1. VARIATION.

 

(a) These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at: www.wilsonandlewisphotography.com on the bottom of the page. (b) Package & Product Prices are subject to change at any time until an order or agreement has been signed.

 

END