Photography terms and conditions 

Photography Productions - Terms and Conditions

Agreeing to a quote, or payment of deposit for the applicable production, is deemed acceptance of these terms and conditions.

Customers are required to agree to the following terms and conditions before proceeding with a photography project.

Any amendments are to be sent in written prior to the commencement of a project for consideration.

Definitions

In these terms and conditions, unless the context otherwise requires: Consumer means any individual who acquires Clark Imagery’s services wholly or predominantly for personal, domestic or commercial use. Customer means any person or entity requesting Clark Imagery to provide Services. Agreed Fee means the fees estimated by Clark Imagery in any quotation once accepted by the Customer. Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, photographs, films, footage, props and equipment provided by the Customer to Clark Imagery for the purposes of Clark Imagery supplying the Services. Raw Files means master files recorded by Clark Imagery as part of provision of the Services. Services means photography production and/or post production services. Project means photography production in its entirety.

Application

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Clark Imagery with any Customer in relation to the provision of Services by Clark Imagery. All work carried out by Clark Imagery is on the basis that the Customer has agreed to these Terms and Conditions.

Venue Location Fees & Permissions

The Customer must obtain any necessary consent or permission and pay any fees which may apply for Clark Imagery to film at a particular venue, location or event.

Artistic License

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Clark Imagery reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by Clark Imagery on request.

Customer Acknowledgements

The Customer acknowledges and agrees that: Clark Imagery will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by Clark Imagery will be transferred to the Customer until the Customer pays all amounts due to Clark Imagery in full. The Customer acknowledges and agrees that upon payment of all outstanding invoices due to Clark Imagery, the Customer is entitled to receive the finished works, but has no entitlement to the working files of Clark Imagery. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by Clark Imagery are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of Clark Imagery, its employees and subcontractors. The Customer indemnifies and holds Clark Imagery harmless from any claims or legal actions related to the content of the Customer’s photography.

Customer’s Materials

All Materials are used and stored by Clark Imagery solely at the Customer’s risk and Clark Imagery is under no obligation to insure any Materials. Neither Clark Imagery nor any of its officers, employees, agents or sub-contractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; Clark Imagery will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with Clark Imagery even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of all materials delivered to Clark Imagery for the purpose of the photography.

Project Delays and Liability

Any estimate of the date by which Clark Imagery will complete any part of the Services is contingent upon the Customer providing complete instructions to Clark Imagery and fully cooperating with Clark Imagery until Clark Imagery has ceased providing Services to the Customer. The Customer must appoint a person who has complete authority to provide instructions to Clark Imagery and respond to requests for feedback until Clark Imagery has ceased providing Services to the Customer. The person appointed must be available to respond to communications from Clark Imagery on every day which is a business day. Clark Imagery cannot be held liable for project delays which are caused by lack of communication on behalf of the Customer, or an Act of God or equipment failure, or any other reason not directly the fault of Clark Imagery.

Sub-Contracting

Clark Imagery reserves the right to sub-contract any Services that Clark Imagery has agreed to perform for the Customer as it sees fit.

Talent/Background persons/Staff

If the customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the customer to obtain the necessary permissions. Clark Imagery cannot be held liable for any prosecution from any person that appears without permission. If re-editing or shooting is required to remove such persons it shall be at the customers expense.

Clark Imagery will at the request of the customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.


 

Customer Undertakings and Warranties

The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s photography. The Customer indemnifies Clark Imagery from any possible liability for the use of any customer supplied media in the Customers photography.

Recorded Material Ownership

The photography files and edited photography files including all copyright remain the property of Clark Imagery until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, Clark Imagery reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes. Copyright in all photography, included or recorded in the edited photography or recorded by equipment used by Clark Imagery will remain the property of the author or legal entity owning the copyright.

Intellectual Property Raw Files

Clark Imagery does retain intellectual property of the photography production and raw Files.

Intellectual Property Licensed Materials

Where one off licenses are paid for various materials used in the production, or if the material is from a Clark Imagery Subscription supplier, the customer must re license the material and/or obtain permission form Clark Imagery or pay for another license if they intend to reuse the materials in another production. Clark Imagery will not be held liable for breaches in material copyright caused by the customer.

Shot Images

Clark Imagery will record the photography for the project using quality cameras and lighting. If the Customer rejects the images after it has been edited, unless it is an obvious mistake or poor workmanship by Clark Imagery, then a full re-shoot and editing costs will apply.

Special Provisions for Anomalous Images

Clark Imagery reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to Clark Imagery. Clark Imagery has the right to use edited or unedited photography files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between Clark Imagery and the Customer. The copyright of such segments will belong exclusively to Clark Imagery.

Disposal

Raw photography files and edited photography files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, Clark Imagery reserves the right to dispose of all Raw photography files and edited photography files, recorded materials and finished works.

Raw Files

The Customer may have Raw Images transferred to their own supplied hard disk, the Customer must pay Clark Imagery an additional fee of $500.00 + GST per image

Failure of equipment or illness of Clark Imagery employees and contractors, whilst all reasonable care and preparation is taken for photography and editing, Clark Imagery will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by Clark Imagery or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

Right of Refusal or Termination

Clark Imagery reserves the right to terminate the provision of Services, if: the photographer, or any person(s) employed or contracted by Clark Imagery is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged. If Clark Imagery terminates the provision of Services then any Deposit paid by the Customer is non-refundable. Clark Imagery may seek compensation from the Customer for any loss or damage suffered.

Limitation of Liability

The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, Clark Imagery will not be liable for: Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Clark Imagery in writing, and the liability of Clark Imagery for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of Clark Imagery for a breach of a Non-excludable Right can be limited, Clark Imagery’ liability is limited, at Clark Imagery’ option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again. Notwithstanding any other provision, Clark Imagery is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for: Any increased costs or expenses; Any loss of profit, revenue, business, contracts or anticipated savings; Any loss or expense resulting from a claim by a third party; or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

Force Majeure

If Clark Imagery cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then Clark Imagery’ obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.

Legal Costs

The Customer will be liable for any legal costs incurred by Clark Imagery in the recovery of unpaid invoices on an indemnity basis.

Privacy

All information received by Clark Imagery from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

Public Broadcast (YouTube etc)

Clark Imagery retains the right to display Customers photographs on the Clark Imagery website, Facebook, Instagram, YouTube, Vimeo or similar public broadcast sites and social media channels.

Amendment

Clark Imagery reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.

 

Tweaks

Are minor adjustments to the approved script. A tweak is a slight adjustment to the photography edit, a tweak could comprise of: change of colour tone, & crop.  These are usually given at no cost as long as the original approved brief is adhered to.

Changes

Changes are variances from the supplied or agreed brief. Changes requested by the Customer are liable to an hourly charge from Clark Imagery. However a quote will be issued for additional changes.

A Change is: new images, and generally anything that is new to the supplied brief.

Any changes that are required after the job has been finalised and delivered will incur an extra editing fee.

Quotations

Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. Customer tweaks and/or revisions is included in each quotation. If the Customer instructs Clark Imagery that significant changes and/or revisions to the scope of the Services described in a quotation are required then Clark Imagery shall be entitled to charge an additional Fee based on a further quotation.

Payment Policy

A 50% deposit is payable on acceptance of the quote. Payment is due within 7 days of receiving our invoice. This can be paid by bank transfer. Balance is payable on completion, or if the client does not respond with changes or supply media for Clark Imagery to complete the project within 7 days, balance of invoice will be due immediately. Payment is required in full before delivery of product to client.

Scheduling and contingency fee

One week minimum on lead time for all photography shoots or add a 30% contingency fee if anything goes wrong for a rush job.

Two weeks minimum lead time for shoots.

Shoot day cancellation costs

Cancellation cost within 72-hrs of shoot – 50%

Cancellation within 24-hrs of shoot – 100%

Cancellation due to inclement weather (or any other weather considerations) is at the discretion of Clark Imagery – no cost to you. We will be in touch 24hrs prior to the event to confirm final arrangements.

Schedule

Clark Imagery schedules each job with an allotted time frame as we work towards a due date. All communications must be handled in a timely manner to avoid additional fees and cost overruns. We value our clients time and seek to avoid other production times being affected or delayed.

Additional Work

We are hired to create the images for you only. Any additional work such as website edits etc is not the responsibility of Clark Imagery.

Delivery Of Final Product

Clark Imagery requires payment in full before final delivery of product to client unless other arrangements have been entered into.

Cancellation

If the Client wishes to cancel at any time after accepting a quote, any deposits paid to Clark Imagery are not refundable. If no deposit has been paid and work has a commenced, then the client will be liable for at least 50% of the total amount. If more than 50% of work has commenced or if out of pocket expenses exceed 50%, further payments from client may be liable.

Intellectual Property

The raw files remains the property of Clark Imagery and is not released to the client. The client will receive final edits in a preferred format for their use.

The final edit of the project may be included on the Clark Imagery website and/or featured on the “our work” page. Photos taken during your shoot, and photography edits, may also be used by Clark Imagery for promotion.