- GENERAL TERMS AND CONDITIONS FOR FOODIE SHOTS PHOTOGRAPHY
- ABN: 95332674833
- Highfields QLD 4352
(a) In this Agreement the terms:
(b) image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, video, or any other item which may be offered for the purposes of reproduction.
(c) reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
2. (a) The entire copyright in the images is retained by the photographer representing Foodie Shots at all times throughout the world. I/we hereby give permission for Foodie Shots to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing material.
(b) Foodie Shots supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client whether on its submission or on Foodie Shots grant of reproduction rights in respect thereof.
(c) Foodie Shots asserts both its moral and legal right to be identified as the author of its work.
(d) Unless otherwise specified, the copyright notice should read ©Foodie Shots
3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Foodie Shots invoice. An agreement must be reached with Foodie Shots before the images are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Foodie Shots reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
4. (a) The following terms are used when describing the reproduction rights granted by Foodie Shots to the Client:
(b) Internal Use: The right to use the images only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.
(c) PR and Press distribution: The right to use the images as described in 4(a); plus a licence for third parties to reproduce such images in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(d) Specified Use Only: The right to use the images once only for the purpose as described on the invoice.
(e) Editorial: One reproduction only of images supplied within one print edition of the specified title in an editorial context only.
(f) Personal Use: use for own private, portfolio or personal purposes, and must obtain permission from the photographer to use them for any publishing (including newspapers/ magazines/online publication etc.), commercial purposes, or competitions as I/we do not own the copyright or license to use the photograph(s) for this purpose or any purpose outside of the license terms agreed.
5. (a) Once the Client has made a booking and contract signed and/or deposit has been paid for a specific date/time , Foodie Shots will not accept any other work from other clients for those times and dates for the assigned Photographer.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee equal to the deposit will be charged.
(c) When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate may be charged. When a client cancels photography within three days of any confirmed date, a fee of 100% of the booked time rate may be charged.
(d) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Foodie Shots.
Invoicing and Reproduction
6. (a) Until Foodie Shots has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding contract where by Foodie Shots is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Foodie Shots may in its discretion cancel subject to the Client paying a cancellation fee.
(b) The Client’s right to reproduce an image arises only when Foodie Shots invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Foodie Shots to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) If payment is not made in accordance with (a) above then Foodie Shots may rescind this Agreement and recover damages.
(d) Foodie Shots reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
7. (a) 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 is appointed, Foodie Shots may at any time thereafter inspect any records, accounts and books relating to the reproduction of its images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
8. (a) Foodie Shots will edit and deliver what it considers to be the best of every situation covered. Raw files will not be supplied to the client. Foodie Shots makes no undertaking to keep any files not intended for use.
(b) No addition to, deletion from or alteration to or adaptation of an image may be made without the written permission of Foodie Shots.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
9. (a) In the case of printed publications, a copy of the relevant pages containing any image supplied are to be provided to Foodie Shots free of charge within two weeks. In other media, evidence of use must be made available if requested.
10. (a) While Foodie Shots takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any image or its caption.
(b) The Client agrees to indemnify Foodie Shots in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Foodie Shots.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Foodie Shots gives no warranty or undertaking that any such rights, model releases or consents have 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 image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Foodie Shots against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
11. (a) Clients can expect their images to be delivered to private gallery within 21 days of shoot date to then select their images for final editing unless otherwise stated on the invoice.
(b) It is the responsibility of the client to back up and store delivered images for future use.
(c) Should you wish for delivery to be guaranteed within fourteen (7) days and additional charge of $200 may be incurred.
12. (a) Foodie Shots agree to maintain the images for 90 days. After which time Foodie Shots are not obligated to maintain the images.
(b) Any request for images Foodie Shots still possess after 90 will incur an administration fee of $100.
13. (a) In the event representatives of Foodie Shots feel a personal risk or property risk due to external forces or extreme weather events, will not be expected to continue offering their services nor will be liable to reproduce the event at a later date.
14. Foodie Shots when on location will take all necessary and reasonable precautions to prevent hazards to all individuals. It is expected individuals take all necessary precautions to ensure their own safety.
15. (a) This Agreement shall be subject to and constructed according to the law in Queensland, Australia and the parties agree to accept the exclusive direction of Queensland Courts.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.