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