T&C’s

Terms & Conditions

All images produced by TRICK Media photographers are protected by Australian and international copyright.

1. The following words or expressions shall have the meanings stated:

“the Photographer” means TRICK Media (ABN 54 234 263 030) trading as TRICK Media Photography.
“the Client” means the person identified as the Client on a Booking Form and refers to the body commissioning the photography services of TRICK Media Photography. This includes public relation, conference, event management companies or other third party companies who employ TRICK Media Photography on behalf of their clients, in which case the copyright agreement applies to both the commissioning body and their client.
“Booking Form” means a form (printed or electronic) or emailed booking request completed by the Client (and acknowledged and confirmed by the Photographer) by which the Client instructs the Photographer to create Material.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the Client for creation of Material by the Photographer.
“Price” means the price for an Order as set out on a Booking Form.

2.1 Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.

2. 2 TRICK Media Photography is the copyright owner of all images commissioned by a client and grants a non-exclusive licence for the use of the images by The Client.

2.3 Subject to the payment of the full fee, the Photographer hereby grants to the Client a royalty free perpetual licence for unlimited reproduction rights to the photographs for non-commercial use. Where images are commissioned for commercial use, the Client acknowledges that the copyright is owned by the Photographer and subsequent use will be as agreed. Requests for commercial use of photographs are to be submitted for approval. An additional fee may be payable. and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:

3.1 specifically set out in these Terms and Conditions or

3.2 may otherwise be agreed by the Photographer in writing.

4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.

4.2 In consideration of the Photographer’s agreement in paragraph 4.1 above the Client will pay the Price in accordance with the provisions set out in paragraph 5 below.

5. An Order shall be subject to the following provisions:

5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Client prior to the taking of any steps to create any Material.

5.2 Unless specifically otherwise agreed in writing between the Photographer and the Client, the Photographer is entitled to utilise Material ordered by the Client for the advertising, marketing and promotion of the Photographer’s business.

5.3 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.

5.4 Save as otherwise agreed between the Client and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.

5.5 The Photographer shall not be liable to the Client for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.

5.6 On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Client and the Client shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:

5.7.1 Interest at a rate of 4% per annum above the base rate of ANZ Bank shall accrue in respect of any outstanding sum.

5.7.2 Any licence granted by the provisions of paragraph 3 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.

6.1 Once the Client has made a booking for a specific time and date, TRICK Media Photography will not accept any other work from other clients for those times and dates.

6.2 Cancellations: Cancellations and postponements: Bookings can be cancelled at no cost at any time up to 2 weeks prior to the event/assignment. Client is responsible for payment of all expenses incurred up to the time of cancellation (if applicable). If notice of cancellation is given less than fourteen (14) business days but greater than seven (7) business days before the shoot date, Client will be charged 50% fee. If notice of cancellation is given less than seven (7) business days before the shoot date, Client will be charged 100% fee.  Weather postponements: Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location and 50% fee if postponement occurs before departure to location.

7.1 While TRICK Media Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.

7.2 The Client agrees to indemnify TRICK Media Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by TRICK Media Photography.

7.3 It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that TRICK Media Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify TRICK Media Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

8. The contractual relationship between the Photographer and the Client shall be governed by the laws of New South Wales.

9. An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Client, save as otherwise agreed in writing.

© Copyright TRICK Media Photography 2012

Further information on copyright is available from the Australian Copyright Council