1. In this Agreement the terms
(a) 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
(b) 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
(c) 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. Responsibilities of the Client
(a) Two (2) weeks notice is required for the specified shoot
(b) If the client forgoes the monthly shoot Foodie Shots are under no obligation to honour this time and the client accepts they have forfeited their allocation for this month.
(c) Foodie Shots is not responsible for the provision of food or product for the specified shoot
(d) Client is aware the food provided for the session may or may not be able to be used for consumption
(e) Client is aware the monthly sessions are a total of ½hr block on location and 1 hr for studio sessions.
(a) The entire copyright in the images is retained by the photographer representing Foodie Shots Photography at all times throughout the world.
(b) Foodie Shots Photography 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 Photography grant of reproduction rights in respect thereof.
(c) Foodie Shots Photography asserts both its moral and legal right to be identified as the author of its work.
(d) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Foodie Shots Photography any fee payable by the Client shall be subject to an increase specified by Foodie Shots Photography , and in any event an increase of not less than 25%
(e) Unless otherwise specified, the copyright notice should read © Foodie Shots Photography
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Foodie Shots Photography invoice. An agreement must be reached with Foodie Shots Photography before the images are used for a different purpose or after the license 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 license and no partial or other assignment of copyright shall be implied.
(e) Foodie Shots Photography reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
5. The following terms are used when describing the reproduction rights granted by Foodie Shots Photography to the Client
(a) 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.
(b) PR and Press distribution: The right to use the images as described in 4(a); plus a license 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.
(c) Specified Use Only: The right to use the images once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of images supplied within one print edition of the specified title in an editorial context only.
(e) 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
(a) Foodie Shots Photography will edit and deliver what it considers to be the best of every situation covered. Foodie Shots Photography 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 Photography .
7. (a) While Foodie Shots Photography 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 Photography 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 Photography .
(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 Photography 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, trade marks, 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 Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
8. In the event representatives of Foodie Shots Photography feel a personal risk or property risk they will not be expected to continue offering their services nor will be liable to reproduce the event at a later date.
9. 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.No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
10. Payments terms:
As per invoice are to be adhered to or Foodie Shots Photography have the right to refuse service.
Those who choose a payment plan will be asked to pay two months upfront and then start direct debit the following month.
11. Subscription Cancellation
We understand things can change. If you need to cancel the subscription due to extreme circumstances, we would charge a one-month cancellation fee. You will need to stop the direct debits from your end. Those who have paid upfront will receive a refund of the remaining portion minus the one month cancellation fee.
12. Client Privacy
Foodie Shots will not disclose any client business information such as statistical data or other financial information obtained throughout the course of the subscription. This information maybe required to assess the value of services provided.
13. Timeframe of images:
Delivery will be within 2 weeks of session.
14. Delivery Method
Images will be delivered via online gallery. You will receive a coupon code which allows you to download your images through the cart at no fee. A total of 5 images will be provided. For studio sessions this is strictly one lifestyle session and 4 e-comm products or 5 e-comm products. On location Cafe/restaurants you are able to capture up to two (2) dishes excluding beverage and will receive a maximum of 5 images depending on complexity of the dish. This is at the discretion of the photographer. Any other item of photography is out of scope and can be discussed as a separate job.
15. Extra Images:
Can be purchased through the Photo Gallery Shop.
The Client is able to use the images for the purpose of promoting its sole business. The images are for in-house and digital purpose and small media. The licence does not extend to the publication of magazines or for billboards. A separate licence can be purchase to account for the preparation and higher level of responsibility required.Images are not to be further edited or unsold to third parties without discussion with Foodie Shots