For the purpose of this agreement "the client" shall where the context so admits include their respective assignees, sublicensees and successors in title. "Photographs" means all photographic and subsequent material created by Alex Winner whether transparencies, negatives, prints or any other type of physical or electronic material.
The copyright in the photographs are owned by and retained by Alex Winner at all times throughout the world. The Client agrees that Alex Winner is the sole author of the photograph.
3. License to use
The License 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 Alex Winner's express permission in writing. The License only applies for the use as agreed and does include any form of electronic or other storage. The License cannot be transferred without Alex Winner's express permission in writing.
4. Photographers promotional use
Alex Winner 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
The photographs and material remains the property of Alex Winner. When the License has expired the photographs and material will be returned to Alex Winner.
6. No Alteration
No alteration or manipulation of the photographs or material may be made without the express permission of Alex Winner.
7. Clients materials
The Client accepts full responsibility for any materials that they supply for the use in the photographs and that the materials are adequately insured against loss, damage or liability.
(i) Payment by the Client will be required for the right to use the photographs as provided within 5 business days of the issue of the relevant invoice(s). Late payment fees with become applicable for any unpaid money after that time. A 10% surcharge is applicable each day following any unpaid invoice(s) totals.
(ii) Alex Winner requires a 25% (non-refundable) deposit payment from the Client to secure bookings for Alex Winner Photography's Wedding Photography Packages. This deposit payment is Non Refundable and Alex Winner reserves and retains the right to this non refundable option.
(iii) Alex Winner requires a 25% (non- refundable) deposit payment from the Client to secure all bookings and sessions for Alex Winner Photography's Family Photography Package and Engagement Photography Package. This deposit payment is 25% of the sum total cost and is Non Refundable and Alex Winner reserves and retains the right to this non refundable option.
Alex Winner shall not be liable for any legal action, claim or damages resulting from or arising out of the creation and publication of the photographs and material or the use by the Client. The Client shall indemnify Alex Winner against any claims and/or damages against him as a result of the clients use of the photographs and material.
10. Client Approval
The Client accepts that Alex Winner. has full creative control of all finals edits, cuts, prints and any other forms of media. The Client accepts and agrees to comply with the creative decisions and directions made by Alex Winner on the date of the session(s). If the client is not present during the actual session(s) then Alex Winner's interpretation of the session(s) will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.
11. Cancellation and postponements
Once Alex Winner has been commissioned for the session(s), event or date, the Client is responsible for the payment of all expenses incurred up to the time of cancellation and Alex Winner will be entitled to charge a fee for cancellation and/or postponements at his discretion. If a cancellation is made in relation to a wedding photography booking, Alex Winner Photography reserves the right to retain the deposit payment in full as it will be used to cover the 'loss of income' sustained as a result of the cancellation on the clients behalf.
12. Right to a credit
Alex Winner's name will be printed or presented in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.
Alex Winner Photography are covered by third party and public liability insurance, covered for $10,000,000. Alex Winner Photography will provide a copy of his Public Liability and Third Party Insurance certification with the Client upon request.
(i) Alex Winner agrees to provide the final content to the Client within a period of 2-6 weeks after the date of the session(s).
(ii) Physical packages are to be delivered by means of Express Shipping provided by Australia Post and Sendle. Once the physical packages has been sent to their respective addresses Alex Winner will provide the Client with the necessary tracking information as it moves through their delivery companies network.
(iii) Electronic Packages are to be delivered by means of a URL LINK via an email sent out by Alex Winner. Online Galleries will be delivered in this same manner and a secure private password will accompany each delivery.
15. RAW material
(i) Alex Winner reserves and retains the right to all RAW material (i.e. image and video files), the client is NOT allowed to view or retain any of the RAW material form their date of service. All RAW material from the date of service is kept for a period of 4 months after the date of service before it is converted into a smaller format (CR2 to JPEG) for lifetime storage in Backup Drives and Cloud Storage.
(ii) If the Client insists on retaining and/or viewing the RAW material from their date of service it will be discussed with Alex Winner and WILL be subject to an additional cost.
16. Additional travel expenses
Alex Winner reserves and retains the right to charge any additional travel expenses for the commissioning of any session(s) of photographic and videographic work.
17. Client Confidentiality
Alex Winner 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 the Photographer to carry out his obligations in relation to the commission.
These terms shall not be varied except by agreement in writing.
19. Applicable Law
This agreement is governed by the Laws of New South Wales.
Alex Winner - Photographer + Owner
Address: Belmont NSW, Australia
Phone: 0421 956 614
Copyright © 2019 Alex Winner Photography