Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR ASSIGNMENT PHOTOGRAPHY
1. DEFINITIONS
For the purpose of this agreement “the client” shall be, where the context so admits include their respective assignees, sublicencees and successors in title. “Photographs” means all photographic material furnished by Sophie Geraghty (Images by Sophie) whether digital files, transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT
The copyright in the photographs is owned and retained by Sophie Geraghty (Images by Sophie) at all times throughout the world. The Client agrees that Sophie Geraghty (Images by Sophie) is the sole owner of the photographs.
3. LICENCE TO USE
The Licence to Use 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 Sophie Geraghty’s express permission in writing. The Licence only applies for the use of the photographs as agreed at the time of booking, as set down in writing by Sophie Geraghty. No other prints or copies of the photographs will be made without express permission of Sophie Geraghty (Images by Sophie) in writing.
4. PHOTOGRAPHERS PROMOTIONAL USE
Where an exclusive licence is granted, Sophie Geraghty will at all times retain the right to use the photographs in an manner and in any part of the world for the purpose of advertising and promoting her work.
5. OWNERSHIP OF MATERIALS
Title to all photographs remains the property of Sophie Geraghty (Images by Sophie). When the licence has expired the photographs will be returned to Sophie Geraghty (Images by Sophie).
6. NO ALTERATION
No alternation or manipulation of the photographs may be made without the permission of Sophie Geraghty (Images by Sophie).
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.
8. PAYMENT
Payment by the client will be required for the right to use the photographs as provided within 14 days of the issue of the relevant invoice(s). Late payment fees may become applicable for any unpaid money after that time. Where the work is estimated to exceed of $5000.00 including materials, a payment of 30% of the estimated total will be payable before the work commences. Failure or refusal to pay after forty-five (45) days will result in a final payment notice being issued with a Letter of Demand. Legal Proceedings will ensue if no further action is taken by the client.
9. INDEMNITY
Sophie Geraghty (Images by Sophie) 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 Sophie Geraghty (Images by Sophie) against any claims/damages against her 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 Sophie Geraghty’s interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.
11. DEPOSITS, CANCELLATION AND POSTPONEMENTS
A 20% deposit is required to secure bookings. The Client is entitled to a 14 day cooling-off period. Once this has passed, deposits are non-refundable. If the booking is within 14 days, the deposit is non-refundable once paid. After Sophie Geraghty (Images by Sophie) has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Sophie Geraghty (Images by Sophie) will be entitled to charge 50% of the original full fee for cancellation or postponement at her discretion (not including any retainer paid). Cancellations within two (2) months of the shoot date will require full payment.
12. RIGHT TO CREDIT
Images by Sophie’s name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.
13. CLIENT CONFIDENTIALITY
Sophie Geraghty (Images by Sophie) will keep confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of photography same as may be reasonably necessary to enable her to carry out the work.
14. VARIATION
These terms shall not be varied except by agreement in writing.
15. APPLICABLE LAW
This agreement is governed by the Laws of New South Wales
Sophie Geraghty
Images by Sophie | Collaroy Plateau | NSW | 2097
0405738744