The Photographer and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.

1. DEFINITIONS

Client means the Client specified in the Quote.

Expenses are the expenses incurred by the Photographer and are to be paid by the Client.

Fee means the total fee.

GST has the meaning defined in the A New Tax System (Goods and Services) Act 1999 (Cth).

License means the license granted by the Photographer to the Client as specified.

Images are the still or motion image files taken by the Photographer and chosen by the Client.

Photographer includes any employees, assistants, or any other parties the Photographer engages to provide the Services.

Services means the services provided by the Photographer.

Uses means the permitted uses granted by the Photographer to the Client for use of the Images.

2. ENGAGEMENT AND SERVICES

The Agreement is between the Photographer and the Client. The Client wishes to engage the Photographer and the Photographer accepts the engagement to hereby:

(a) provide the Services to the Client;

(b) produce the Images, and

(c) upon full payment of the Fee and the Expenses, the Photographer will grant the Client the License on the terms set out in this Agreement.

3. PAYMENT AND FEES

The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the Photographer.

All amounts payable under this Agreement include GST. All stamp duties and governmental charges, if any, arising out of or incidental to this Agreement are the Client's responsibility and must be paid by them.

All assignments where the total cost estimate exceeds $3000 require payment of 50% of the Fees before commencement. You will need to make a full payment within 7 days of receipt of the relevant invoice. Ongoing work will be negotiated by the Photographer and Client.

A half-day is designated at 4 hours and a full day at 8 hours. If the brief is extended from the original quoted time, extra costs will be charged.

4. RIGHTS GRANTED

In consideration of the full payment of the Fees and Expenses by the Client, the Photographer grants the Client a Non-Exclusive License to use the agreed Photographs in any and all media and territories. The License granted is not effective until both Parties have signed this Agreement and the Client has paid the Fees and Expenses in full.

The Photographer asserts all moral rights attached to the Images, and the Client does NOT have the right to edit, change, add to, take from, alter, or otherwise amend the Photographs without the Photographer's prior written consent.

The Photographer may use the Images for all use, including sale as stock photography.

If the Client wishes to extend the Use or the Term of this Agreement, the Parties will negotiate a further use fee in good faith at that time.

5. INTELLECTUAL PROPERTY

The Photographer is the owner of the intellectual property created by the Photographer in the course of the Services, including but not limited to the Images, digital or electronic material, transparencies, negatives and prints relating to the Images.

The Photographer retains all rights and ownership in the Images and any negatives (or digital equivalent) from which the Images are derived. No interest in the negatives (and/or digital equivalent) is assigned or licensed to the Client by this Agreement unless expressly specified in the Quote. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Images.

6. PHOTOGRAPHER’S INTERPRETATION

The Parties agree and acknowledge that the details of the Services, Images and/or works of this Agreement have been discussed by the Parties. It is further recognised that in the event that the Client or the Client’s representative is not present on the Photography Date(s) at the Location, then the Photographer’s interpretation of the Services shall prevail.

7. WARRANTY AND INDEMNITY

The Client warrants to the Photographer that:

(a) it has the capacity and authority to enter into this Agreement;

(b) it has obtained the necessary clearances in relation to the subject matter to be photographed, and

(c) it will only use the Photographs per the License granted under this Agreement.

The Client agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses adequately incurred) by the Photographer as a result of a breach by the Client of the above warranties.

8. CANCELLATION BY CLIENT

If the Client cancels the Agreement before 5 business days of the shoot, the Photographer reserves the right to charge a 20% cancellation fee on the total shoot Fee and Expenses. If the Client cancels or postpones the Services after the Cancellation Date, the Photographer reserves the right to charge the Client the full Fee and Expenses.

9. TERMINATION

This Agreement may be terminated if:

(a) The Client fails to pay any part of the Fee or Expenses;

(b) The Client is declared bankrupt, enters into administration or into liquidation;

(c) The Client is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from the Photographer of such breach.

Immediately upon termination:

(a) All rights in the Photograph/s and/or work(s) revert to the Photographer;

(b) The Client must return all physical property (including but not limited to the Photographs and any equipment);

(c) All Fees and Expenses owed to the Photographer under this Agreement must paid in full.

10. MISCELLANEOUS

This Agreement constitutes the entire understanding between the Parties, and may not be modified, amended, or otherwise altered unless agreed in writing between the parties.

If any provision of this Agreement is held invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.

Each party must do all acts and execute all necessary documents to effect this Agreement.

The Client must not assign or sublicense all or any of its rights in this Agreement without the Photographer's prior written consent.

This Agreement must be read and construed according to the laws of South Australia, Australia.