Standard Terms and conditions for assignment photography
1. Definitions
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 by Jaydon Cabe
whether transparencies, negatives, prints or any other type of physical or electronic material. The term picture or image includes photography, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction; the term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist's reference or illustration, or in a layout or presentation.
2. Copyright
The copyright in the photographs is owned by and retained by Jaydon Cabe at all times throughout the world. The Client agrees that Jaydon Cabe is the sole author of the photographs. You must not: (1) copy, modify, republish, transmit or distribute the Content in any form unless you receive prior written authorisation from Jaydon Cabe or (2) use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Jaydon Cabe or which is prohibited by the Terms and Conditions.
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 Jaydon Cabe 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 Jaydon Cabe express permission in writing.
4. Photographers promotional use
Where an exclusive licence is granted, Jaydon Cabe 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 his work.
5. Ownership of materials
Title to all Photographs remains the property of Jaydon Cabe. When the Licence has expired the photographs will be returned to Jaydon Cabe.
6. No Alteration
No alteration or manipulation of the image may be made with out the permission of Jaydon Cabe
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. 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 50% of the estimated total will be paid before the work commences.
9. Indemnity
Jaydon Cabe 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 Jaydon Cabe against any claims and/or damages against him 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 Jaydon Cabe 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 Jaydon Cabe has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Jaydon Cabe will be entitled to charge a fee for cancellation or postponement at his discretion.
12. Right to a credit
Jaydon Cabe name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.
13. Archiving
The photographs are an original work and Jaydon Cabe 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.
14. Client Confidentiality
Jaydon Cabe 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.
15: Third Party Content & Links
This site may include links to third party sites which are not related to Jaydon Cabe and in relation to which Jaydon Cabe has no control or interest. The appearance of those links on this site does not indicate any relationship between Jaydon Cabe and that third party or any endorsement by Jaydon Cabe of that third party, its site or the products or services which it is advertising on this Site.
16. Variation
These terms shall not be varied except by agreement in writing.
17. Applicable Law
This agreement is governed by the Laws of Australia
