Terms And Conditions
…and all that kind of stuff that is really important.
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.(a) The entire copyright in the images is retained by the photographer representing Sonny & Kat Photography at all times throughout the world.
(b) Sonny & Kat 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 Sonny & Kat Photography grant of reproduction rights in respect thereof.
(c) Sonny & Kat 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 Sonny & Kat Photography any fee payable by the Client shall be subject to an increase specified by Sonny & Kat Photography, and in any event an increase of not less than 25%
(e) Unless otherwise specified, the copyright notice should read © Sonny & Kat Photography
3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Sonny & Kat Photography invoice. An agreement must be reached with Sonny & Kat 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) Sonny & Kat 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.
4. The following terms are used when describing the reproduction rights granted by Sonny & Kat 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
5. (a) Sonny & Kat Photography will edit and deliver what it considers to be the best of every situation covered. Sonny & Kat Photography makes no undertaking to keep any files not intended for use. We will however maintain the gallery for up to 90 days within reasonable means.
(b) No addition to, deletion from or alteration to or adaptation of an image may be made without the written permission of Sonny & Kat Photography .
6. In the case of printed publications, a copy of the relevant pages containing any image supplied are to be provided to Sonny & Kat Photography free of charge within two weeks. In other media, evidence of use must be made available if requested.
7. (a) While Sonny & Kat 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 Sonny & Kat 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 Sonny & Kat 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 Sonny & Kat 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 Sonny & Kat Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
8. Sonny & Kat Photography are not liable for any costs in the preparation of food products for the photo session.
9. In the event representatives of Sonny & Kat Photography 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.
10. (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.