Terms and Conditions
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 material furnished by John Slaytor whether transparencies, negatives, prints or any other type of physical or electronic material.
The copyright in the photographs throughout the world is owned by and retained by John Slaytor at all times. The Client agrees that John Slaytor is the sole author of the photographs.
3. Licence to use
The Licence to use shall be as agreed in writing 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 John Slaytor’s express permission in writing. The Client agrees the Licence cannot be transferred without John Slaytor’s express permission in writing.
4. Model Release
In the event the Client requests its employees and/or contractors be photographed, the Client is solely responsible for obtaining written Model Releases from the employee and/or employee if the images are used to market the Client’s business.
5. Photographer’s promotional use
Where an exclusive licence is granted, John Slaytor will at all times retain the right to use the photographs in any manner for the purpose of advertising and promoting his work.
6. 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.
Payment by the Client will be required for the right to use the photographs as provided within 7 days of the issue of the relevant invoice. Late payment fees of 5% per month will fall due for any unpaid money after that time. Where the work is estimated to exceed $3000.00 inc materials, a payment of 30% of the estimated total will be paid before the work commences.
Any claim by the Client against John Slaytor is limited to the extent of monies pad by the client to John Slaytor with respect to the assignment.
John Slaytor 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 John Slaytor 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 John Slaytor’s 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 John Slaytor has been commissioned, the Client is responsible for payment of all expenses incurred up to the time of cancellation and John Slaytor will be entitled to charge a fee for cancellation or postponement at his discretion.
John Slaytor will not archive copies of the photographs unless specifically requested in writing prior to the work commencing.
13. Client Confidentiality
John Slaytor 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.
These terms shall not be varied except by agreement in writing.
15. Applicable Law
This agreement is governed by the Laws of New South Wales.