All Capitalised words are defined in the definitions section below:
1. INSTRUCTIONS MUST BE IN WRITING The client must ensure that all their instructions and expectations (or variations of such) regarding the Booking or Order are agreed in writing.
2. LICENCE GRANTED TO CLIENT The copyright in all Photographic Works resulting from the booking or Order remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. The Photographer and the client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994. The Photographer grants the Client a non – exclusive Licence to use those part of the Photographic Works selected by the Photographer and presented to the Client, however this Licence does not include the right to copy, reproduce or publish the Photographic Works or any part of the Photographic Works. The Client may license any or all of the Photographic Works from the Photographer’s selection. The Client acknowledges that the purpose of the creation of the Photographic Works includes the right of the Photographer to: a) enter the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and b) advertise or otherwise promote the Photographer’s Work; and c) submit the Photographic Works for display at art galleries or other premises; and d) use the Photographic Works for any other purpose within the Photographers business activities.
3. CONDITIONS OF LICENCE This licence to use, and the right to use, the Photographic Works comes into effect from the date of full payment of the Order, except where the Photographer gives express written permission.
4. COPYRIGHT IN THE WORKS All copyright that arises out of the performance of the Photographer’s obligations under this contract shall arise not by commision but shall be the creation of the photographer. The Photographer shall remain the first owner of the Photographic Works and the Client shall be supplied with the Photographic Works for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at the Photographers normal prices at the time of the request.
5. MORAL RIGHTS The Photographer asserts his or her moral right in respect of the photographic Works and any reference to the Photographic Works shall be accompanied by full attribution to the Photographer in a form to be approved by the Photographer.
6. PRIVACY and PERSONAL INFORMATION The Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.
7. PAYMENT The Client shall pay the Photographer the various amounts payable in accordance with the Booking and/or Order agreement(s).
8. INTEREST Any monies not paid in full accordance with clause 7 may be charges with interest at a rate of 2% per month or part month overdue.
9. INDEMNITY The Client undertakes to indemnify the Photographer for any loss, damage, or expense (including costs as between solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering and monies due and such loss, damage or expense shall be moneys due for the purpose of these terms and conditions.
10. CANCELLATION OR POSTPONEMENT OF BOOKING Where the Client cancels or postpones a Booking appointment, the Client must pay, at the Photographer’s discretion, the amounts that have already been invoiced or are due as outlined on the Booking agreement, regardless of whether the appointment is attended or not. Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time. Failure of any person to arrive at the appointment on time will result in, at the Photographer’s discretion, cancellation or postponement. The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not changed.
11. CLIENT CONFIDENTIALITY The client must advise the Photographer as to whether any material or information communicated to him/her is of a confidential nature. The photographer will keep confidential material or information communicated to him./her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Booking or Order.
12. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY The Client shall fully indemnify the photographer in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Client or any infringment of an intellectual property right of any person.
13. COLOUR VARIATION
The Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used. The Client releases the Photographer from any liability for any claim based upon fading or discolouration.
14. IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993
The Consumer Guarantees Act 1993 may apply to the licensed Photographic Works provided by the Photographer if the Client acquires those licensed Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s right under this Act. If The Client is acquiring the licensed Photographic Work’s for business purposes, then the Client’s rights are subject to these standard terms only and the Consumers Guarantees Act 1993 shall not apply. In this case the Photographer may grant a separate licence under the Standard terms for Commercial Photography.
15. PHOTOGRAPHER NOT LIABLE FOR LOSSES Except as provided for by the Consumer Guarantees Act 1993 the Photographer shall not be liable for: a) any loss or damage arising by reason of any delay in the completion of the Photographic Works; or b) any loss of profits; or c) any indirect or consequential loss of whatever nature; or d) any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a client’s verbal instructions arising directly or indirectly from any breach by the Photographer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of the Photographer.
16. LIABILITY OF PHOTOGRAPHER LIMITED The Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the client under the Booking and/or Order agreements.
17. ORDER MAY BE TERMINATED ON NOTICE Effective termination of the Order by the Client must be in writing and give reasonable notice to the Photographer. The Client must compensate the Photographer for all amounts due in accordance with the Order Agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close. please see ‘ADDITIONAL TERMS In addition to these Industry Standard Terms’
18. FORCE MAJEURE Neither the Client nor the Photographer shall be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside the Photographers control.
19. INSURANCE REPAIR or REPLACEMENT portraits needing repair or replacement are subject to a $295 administration fee (per submission) per set.(per set refers portraits produced from same portrait session).
Definitions Photographic Works: Includes photographic prints, transparencies, negatives and digital images created by the Photographer. Photographer: means the photographer and where the context requires may include the studio, photographic company, employees or sub-contractors. Order: includes an order placed by the Client for the production of Photographic Works, an invoice or statement. Client: means the client listed on the Booking or order agreement Booking: includes appointments made for a sitting, viewing and any other meeting where the Photographer has set aside specific time to meet with or do work for the Client.
ADDITIONAL TERMS In addition to these Industry Standard Terms, the following clause shall also apply for Geralds Gallery….Prices for our portraiture are size driven, and start from 10″ in size ($990 incl GST) The bigger you go, the more expensive they are!!! So, when we show you the sizes available using our ‘State of the Art’ specialist software and projection equipment with your own family images, you will see exactly what you can get for your investment/money. Our prices include everything needed to produce your own family portrait, including GST. (yes, no surprises at the end) Following is a indication as to how we break down the costing for the work we do in producing Portraiture at Geralds Gallery. If in the future you wish to cancel an active portrait contract with us, which you are permitted to do, the client accepts these values/costings listed below and the various stages Geralds Gallery undergoes to supply a complete portrait service and product to their clients. If a client wishes to cancel their portrait order, then the client fully understands there is a legal obligation to reimburse Geralds Gallery for the work done by Geralds Gallery, up to the date of notification. This also includes work done and associated expenses for any ‘Free Stuff’ or ‘Discounts’ gifted in good will at any stage of the clients dealings with Geralds Gallery. The various costings of service needed are as follows: A – Portrait Session at any Geralds Gallery location – $375 incl GST. This Portrait Session cost includes camera fees, location expenses , Photographers time (based on a average of 30/60mins), Computer editing, digital management during and after Portrait session, administration and marketing cost prior to and during Portrait Session. B – Portrait Session at a requested and agreed location away from a Geralds Gallery location – $375 incl GST, plus $1-55 per KM incl GST Travel cost $1-55 per KM is for the photographer travel time and vehicle running cost, including time loading and unloading necessary equipment for the location portrait session.This Portrait Session cost $375 is the same as ‘A’, including camera fees, location fee, photographers time (based on a average of 30/60mins), Computer editing, digital management during and after Portrait session, administration and marketing cost prior to and during Portrait Session. C – Portrait Viewing and Design Appointment – $220 incl GST. The Portrait Viewing and Design Appointment is where Geralds Gallery clients see the results from their Portrait Session and is when you can see the different available sizes and efficiently design your portrait to suit the location/wall for your portrait to be hung/displayed on. Costings cover fees for ‘State of the Art’ specialist software and projection equipment. The Portrait Viewing Theatre. Portrait Design Consultant(average 60/120mins), Digital Pre-view Artwork (work needed by highly skilled artist to produce low Res concept imaging , created uniquely/exclusively as a suggested look/effect for all the different portraits we offer our clients) D – High Res Digital Artwork – $265 per hour incl GST. Re-working the agreed/accepted/ordered lowRes concept portrait image shown at the portrait viewing appointment ‘C’, to a standard ready for printing. The bigger the size portrait or more surface area, generally effects the amount of digital art work requiried to meet the high standards Geralds Gallery artwork and production professionals will accept on our client behalf. Also, the number of people in a portrait can effect the artwork time needed to maintain the Geralds Gallery standard and it should be noted adding/removing members/subjects to or from a portrait image can substantially effect art work time needed.E – Printing, Mounting, Print Protection and Framing – 10-15% of the total price of the Portrait. F – Archiving Digital Images – $395 incl GST per portrait image This archive service is a one-off cost and is built into the total price of all the portrait sizes we offer as well. If your portrait order includes 3 or more different portrait images from the same sitting, the archive fee is a maximum of $990 incl GST. Administration and digital management fee $95 per portrait session applies for image that has to be retrieved and reinstated into our production server. Geralds Gallery archive service does offer the client the opportunity to revisit or continue their portrait investment at a later stage, however, the original total investment figure may be subject to change depending on the period of time that has past since cancelling/postponement. The clients initial investment amount can also be affected by how much work had been done prior to cancellation/postponement. Geralds Gallery can offer this archive service for as long as they are trading and and the present standard of technology used will let them provide this storage service. No claim can be made against Geralds Gallery or the present owners nor staff (present or past), if the archive system used by Geralds Gallery for this archive service, malfunctions, is stolen or is damaged and is beyond all Geralds Gallery’s possible abilities to re-instate any of Geralds Gallery past clients images.
PRIVACY ACT The Client authorises the Photographer to disclose the client’s details to any third party, for the purposes of Credit Checking and if, at the Photographer’s sole discretion the need arises, for Debt Collection in the event of default in any payment due to the Photographer. The Client also authorises the photographer to contact any person or company to provide the Photographer with such information as it may require for purposes of Credit Checking and if, at the Photographer’s sole discretion the need arises, for Debt Collection in the event of default in any payment due to the Photographer.