Legalise

Definitions:

For the purpose of these Terms & Conditions “The Client” is the person specified on the Estimate, and shall include their successor/s or any nominated assignees.
“The Photographer” refers to Anton Rehrl, and shall include any nominated assignee.
“Photographs” means all photographic material provided by the Photographer to the Client, whether transparencies, negatives, prints, proofing film or any electronic and digital material.
“The Estimate” refers to the schedule of fees & expenses calculated to be due and payable by the Client on completion of the agreed photographic work.
“Licence” refers to the right to use the Photographs by the Client pursuant to clause 2.
“Publication” refers to any public or private use of the Photographs, whether in printed form or any variance of electronic medium (i.e. email, Internet, multimedia, television)

COPYRIGHT & LICENCE TO USE COPYRIGHT

Unless otherwise agreed, the Photographer (Anton Rehrl) is the sole author of the photographs. The Photographs shall be the Photographer’s interpretation, rather than a literal re-creation of any concepts or layouts provided to the Photographer by the Client or the Client’s representative. Subject to the Licence, the Photographer retains worldwide Copyright at all times. The Photographer may use the Photographs for any portfolio or promotional use without prior consultation with the Client.

LICENCE TO USE

The Client shall have the right to use the Photographs in the manner specified in the estimate ONLY. Any extended usage must be with the written consent of the Photographer and is subject to a further fee. This Licence is valid only upon FULL payment of the final invoice from the Photographer.

THIRD PARTY USAGE & COST SHARING

When a Third Party is invited by the Client to participate in & co-fund a Photographic project, the Photographic fee shall increase by 25% for each additional participant. This increase accounts for the wider Photographic Licence. In the event of a Third Party expressing interest in the Photographic coverage AFTER the completion of the project (but not exceeding a 12 month period), the Client shall negotiate a usage fee with the Photographer to be charged to the Third Party, with the negotiated fee to be split 50/50 between the Client and the Photographer (Less any costs incurred by the Photographer in preparing the Photographs for the Third Party’s use). Any Third Party interest beyond this time (12 months) shall be referred directly to the Photographer by the Client for negotiation, with the full negotiated fee to be retained by the Photographer. Any Usage fees that may arise as a result of Editorial coverage & publication are NOT subject to this clause.

INDEMNITY

The Photographer 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 the Photographer against any claims and/or damages against him/her including reasonable Counsel fees arising from the Client’s use of the Photographs and the Photographer’s use of the material on the instructions of the Client.

PAYMENT TERMS

The Client shall pay all fees and expenses as set out in the invoice within 7 (seven) days of receipt of the invoice from the Photographer, unless prior arrangement between the Client and the Photographer has been made. Failure to do so is a breach of these Terms & Conditions and invalidates the Licence to Use.

CANCELLATIONS

The Client is responsible for payment of all expenses incurred up to the time of the cancellation. If notice is given less than 24 hours before the scheduled shoot time, the full Photographers fee as set out in the Estimate will be charged to the Client and be due and payable.

ESTIMATE

The Estimate is valid for 30 (thirty) days from the date of issue. Final billing will reflect actual, not estimated, expenses plus applicable taxes. Fees and expenses as set out in the Estimate are supplied based on the original job description and specified Licence agreement.

ENTIRE AGREEMENT

This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless by mutual written confirmation.