Terms and Conditions for commisioning photographic work
For the purpose of this agreement "the client " shall where the context so admits include their respective assignees, sublicencees and successors in title. "photographs" means all photographic material furnished or produced by Della Photography, whether transparencies, negatives, prints or any other type of physical or electronic material.
The copyright in the photographs is owned by and retained by Della Photography at all times throughout the world. The Client agrees that Della Photography is the sole author of the photographs.
3. Licence to use
The Licence shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without Della Photographys express permission in writing. The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without Della Photographys express permission in writing.
4. Photographers promotional use
Where an exclusive licence is granted, Della Photography will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting their work.
5. Ownership of materials
Title to all Photographs remains the property of Della Photography. When the Licence has expired the photographs will be returned to Della Photography.
6. No Alteration
No alteration or manipulation of the image may be made with out the permission of Della Photography
7. Clients materials
The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.
Payment by the client will be required for the right to use the photographs as provided within 5 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed $5000.00 inc materials, a payment of 30% of the estimated total will be paid before the work commences.
Della Photography shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Della Photography against any claims and/or damages against them as a result of the clients use of the photographs.
10. Client Approval
If the client is not present during the actual photography sessions then Della Photographys interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.
11. Cancellation and postponements
Once Della Photography has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Della Photography will be entitled to charge a fee for cancellation or postponement at their discretion.
Refunds will only be given in circumstances where goods are faulty or not as described. In the instance where a refund is warranted, Della Photography require printed works, Images and digital copies to be returned prior to the refund being issued.
13. Right to a credit
Della Photographys logo, or the names of Jon and Melissa Della will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.
The photographs are an original work and Della Photography will not archive copies of the photographs unless specifically requested in writing prior to the work commencing. Each photograph is unique and does not have an exact duplicate and may be impossible to replace or recreate.
15. Client Confidentiality
Della Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography save as may be reasonably necessary to enable him to carry out the work.
These terms shall not be varied except by agreement in writing.
17. Applicable Law
This agreement is governed by the Laws of Western Australia.