Terms & Conditions

 

1. Definitions

“Image” shall be defined as all creations by SOCIALISE Photo, whether still or moving.

2. Copyright

Unless otherwise agreed in writing, the copyright in the Images is owned by and retained by SOCIALISE Photo at all times throughout the World.

3. License to use

The Client shall have the right to use the Images only in the media, within the territory, for the period, and with exclusivity as agreed in writing. Any extended usage must be with the written consent of SOCIALISE Photo and will be subject to a further fee.

4. No Alteration

No alteration or manipulation of the Images may be made without the written permission of SOCIALISE Photo.

5. Ownership of materials

Title to all Photographs remains the property of SOCIALISE Photo. When the License has expired the photographs will be returned to SOCIALISE Photo.

6. Creative Style

The Client acknowledges that SOCIALISE Photo and its representatives will shoot in the creative style of the studio. This style can be modified by external and personal factors including weather, location, subjects, creative inspiration and other indefinable elements. No two projects are the same and results may vary.

7. Limitation of Liability

SOCIALISE Photo shall carry out this assignment with due and professional diligence. Elements beyond SOCIALISE Photo’s control include faulty material, equipment failure, damaged or loss of compact flash cards, industrial disputes, civil disturbances or weather conditions which may inhibit or prevent in whole or in part this assignment. In this case it is agreed that the liability of SOCIALISE Photo shall be limited to a refund of the money paid under the agreement, which shall be the full and final satisfaction of any loss or damage suffered.

8. Applicable Law

This agreement is governed by the Laws of Victoria.

9. 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. 

10. Payment

All invoices, unless otherwise stated, carry 7 day payment terms. Part-payments, deposits and retainers are non-refundable. No Usage is granted until payment is received in full. Images and product may be withheld pending payment.

 
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In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.

Cancellation fee applies to all jobs if cancelled within 7 days of the booking. If cancelled within 2 -7 days prior to the booking 50% deposit will not be refunded. Within 24-48 hours 75% fee of total booking will be charged.

11. Indemnity

SOCIALISE Photo 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 SOCIALISE Photo against any claims and/or damages against SOCIALISE Photo as a result of the clients’ use of the photographs.

12. Client Approval

If the client is not present during the actual photography sessions then Christopher SOCIALISE Photo’s interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.

13. Cancellation and postponements

Once SOCIALISE Photo has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and SOCIALISE Photo will be entitled to charge a fee for cancellation or postponement at his discretion.

14. Right to a credit

SOCIALISE Photo’s name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing. Social Media platforms such as Facebook or Instagram  will be tagged & hashtagged as followed:

Facebook: @SocialisePhoto

Instagram: @socialisephoto

15. Archiving

The photographs are an original work and SOCIALISE Photo 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.

16. Client Confidentiality

SOCIALISE Photo will keep confidential and will not disclose to any third parties or make use of material or information communicated to SOCIALISE Photo in confidence for the purposes of the photography save as may be reasonably necessary to enable SOCIALISE Photo to carry out the work.

 17. Variation

These terms shall not be varied except by agreement in writing.