TERMS OF SERVICEAGREEMENT OVERVIEW:
TERMS AND CONDITIONS
Our Terms and Conditions of Business apply to all dealings between Tristan Todd Photography (“Us” or “The Company”) and you (“The Client” or “The Customer”).
“Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. Where applicable, if a Licence to Use the material has expired, the Photographs must be removed from the Client’s computer systems / databases if electronic.
4. IMAGE USE
Unless otherwise stated, by instructing and paying for our services, we offer you a full licence to use the images for your own commercial purposes, whether online or in print. This assumes that images will be used to promote your own company, its products or services, whether directly or via a third party (with your permission). Unless otherwise stated, there will be no time limit on this use. You are not permitted to sell or give away the images in any way, including via online libraries, or to use them on any printed merchandise unless previously agreed in writing.
We have the right to use images for our own promotional purposes. This may include, but is not limited to, use on our website and in portfolios & case studies, as well as on our social media channels. Where appropriate, and in the case of non-branded images only, they may also be submitted to our stock photography libraries. Branded product images are not permitted on stock photography libraries. If we have agreed upon an initial exclusive use period, we will not publicise images in any way until after this date. This agreement must be made in advance of the shoot and in writing.
The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or 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.
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases, the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
If there is no 30 day credit account in place, payment by the customer will be expected on completion and approval of the commissioned work upon the issue of the relevant invoice, and in some cases, payment will be needed before high-resolution files are supplied.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses already agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly, the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If the box on the estimate and the license marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed by the laws of Australia
These Terms and Conditions shall not be varied except by agreement in writing.