Terms and conditions
Below are the terms and conditions for the supply of LINA Creative’s photography-related services.
When the Client makes a Booking with the Photographer, a non-refundable deposit may be due. This deposit confirms and holds the Client’s session date. The balance of the photography fee is due before the Client’s session begins, unless otherwise stated.
Copyright in all parts of all Photographic Works created is the property of the Photographer.
Under the following Standard Terms, the Client purchases a licence to use the Photographic Works of the Photographer.
Unauthorised alterations to the Photographic Works are not permitted. The Client is not permitted make any of the Photographic Works available to third parties unless licensed to do so.
Instructions must be in writing
The Client must ensure that all their instructions and expectations (or variations of such) regarding the Booking or Order are agreed in writing.
Licence granted to client
The copyright in all Photographic Works resulting from the Booking or Order is the property of the Photographer. The Photographer does not accept commissions to create Photographic Works.
The Photographer grants the Client a non–exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client, however this Licence does not necessarily include the right to copy, reproduce or publish the Photographic Works or any part of the Photographic Works. The Client may license any or all of the Photographic Works from the Photographer’s selection.
The Client acknowledges that the purpose of the creation of the Photographic Works includes the right of the Photographer to:
- enter the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
advertise or otherwise promote the Photographer’s Work; and
submit the Photographic Works for display at art galleries or other premises; and
use the Photographic Works for any other purpose within the Photographer’s business activities.
Conditions of licence
This Licence to use, and the right to use, the Photographic Works comes into effect from the date of full payment of the Order, except where the Photographer gives express written permission.
Copyright in the Works
All copyright that arises out of the performance of the Photographer’s obligations under this contract shall arise not by commission but shall be the creation of the Photographer. The Photographer shall remain the first owner of the Photographic Works and the Client shall be supplied with the Photographic Works for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at the Photographer’s normal prices at the time of the request.
The Photographer asserts his or her moral rights in respect of the Photographic Works and any reference to the Photographic Works shall be accompanied by full attribution to the Photographer in a form to be approved by the Photographer.
The Photographer shall be granted full artistic license in relation to his or her performance of photographic services. The Photographer shall not be liable for the Client’s rejection of any Photographic Works on the basis of taste, comparison with the Photographer’s portfolio or comparison with the work of other photographers. The Client acknowledges that the services may be affected by weather, behaviour of subjects, cooperation of other service providers or delays outside the Photographer’s control.
The Client shall pay the Photographer the various amounts payable in accordance with the Booking and/or Order agreement(s).
Any monies not paid in full in accordance with clause 7 may be charged with interest at a rate of 2% per month or part month overdue.
The Client undertakes to indemnify the Photographer for any loss, damage, or expense (including legal costs on a solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.
Cancellation or postponement of Booking
Where the Client cancels or postpones a Booking appointment, the Client must pay, at the Photographer’s discretion, the amounts that have already been invoiced or are due as outlined on the Booking agreement, regardless of whether the appointment is attended or not.
Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time.
Failure of any person to arrive at the appointment on time will result in, at the Photographer’s discretion, cancellation or postponement.
The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable by the Client to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not changed.
The Client must advise the Photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Booking or Order.
Indemnity for breaches of intellectual property
The Client shall fully indemnify the Photographer in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Client or any infringement of an intellectual property right of any person.
The Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used. The Client releases the Photographer from any liability for any claim based upon fading or discolouration.
Digital media failure
The Client acknowledges that Photographic Works supplied on digital media such as compact discs and digital versatile discs may become unusable due to digital media failure. The Client releases the Photographer from any liability for any claim based upon digital media failure.
Cancellation by Photographer etc.
In the event that the Photographer arrives late to a Booking appointment, or does not arrive at all, and if it is not the fault of the Client, then the Client shall be entitled to a refund of the deposit and the Photographer shall reimburse the Client for any actual loss including consequential loss, but only up to a maximum of $500. If, in any other respect, the Photographer is negligent or his/her services do not meet the requirements of the Booking or Order or are performed without due care and skill then the Client shall be entitled to a proportionate refund or re-supply of the services but the Photographer shall not have any liability for the cost of a re-enactment or any other additional liability.
Liability of Photographer limited
The Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Photographer, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.
Order may be terminated on notice
Effective termination of the Order by the Client must be in writing and give reasonable notice to the Photographer. The Client must compensate the Photographer for all amounts due in accordance with the Order agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close.
Neither the Client nor the Photographer shall be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside the Photographer’s control.
Photographer: means the photographer, Luke Arms trading as LINA Creative (ABN 13 689 778 361, phone +61 407 049 650), and where the context requires may include the studio, photographic company, employees or sub-contractors.
Client: means the client or clients named on the Booking or Order agreement jointly and severally.
Booking: includes appointments made for a sitting, viewing and any other meeting where the Photographer has set aside specific time to meet with or do work for the Client.
Order: includes an order placed by the Client for the production of Photographic Works, an invoice or statement.
Photographic Works: includes photographic prints, transparencies, negatives and digital images created by the Photographer.
Licence: is a right granted by the Photographer to the Client to use the copyright works of the Photographer in the terms set out above.