Terms & Conditions - alisonmcwhirter.com.au

Terms & Conditions

Definitions

‘We’ and ‘us’ means Alison McWhirter Photography, its representatives and employees.

‘You’ means the client, its representatives, agents and assigns and successors

‘BUR’ means Base Usage rate and includes first use of the images as outlined in the Usage/Media section of our quote or Usage License.

‘Usage License’ or ‘License’ means those rights licensed to the company, corporation, business or entity named on the License.

‘Image’ or ‘images’ means the photographic images produced by digital capture or film including video or any other type of physical or electronic means.

 

  1. Acceptance

In commissioning our services you agree to our Terms and Conditions as outlined here.

 

  1. Copyright

Alison McWhirter Photography retains copyright and all moral rights in each image produced and retains ownership of all original captures and processed files supplied.

 

  1. Usage License

You may use the images for the Media, Territory and Duration outlined in the Usage License.  Additional Usage will attract additional usage fees – we are happy to quote on this if this is required.  The license is not transferrable and the images may not be passed-on or on-sold to any third party or parties without written permission from Alison McWhirter Photography.

 

  1. Exclusivity

Unless otherwise agreed upon in writing, the images are supplied on a non-exclusive basis.  Alison McWhirter Photography retains the right to use the images for self-promotion and may on-sell the images to third parties during the terms of your Usage License if it deems there is no conflict of interest with your usage requirements.

 

  1. Cancellations & Postponements

A booking is considered firm as from the date of confirmation.  If a confirmed booking is cancelled or postponed for reasons than weather, we reserve the right to charge 50% of the Photography Pre-production fees and 100% of all direct costs incurred or due, including but limited to, accommodation and travel expenses, props, equipment, studio and vehicle hire etc.  If cancelled or postponed within 48 hours of the shoot date we reserve the right to charge 100% of the Photography & Pre-production fees and all costs incurred or due

 

  1. Weather days

We reserve the right to charge 75% of all photography, pre-production, assistants and crew fees on any weather postponements or delays at our discretion (e.g; the shoot is postponed due to adverse weather experiences once on the shoot, preventing us from obtaining satisfactory shots to fulfil the client brief).  100% of all direct costs paid due, such as accommodation and travel expenses, props, equipment, studio and vehicle hire etc will be charged.

 

  1. Indemnity

Alison McWhirter Photography shall not be liable for any legal action, claim or damages resulting from or arising out of use of, publication or distribution of the images.  you agree ti indemnify Alison McWhirter Photography against any claims and/or damaes against us including any legal fees arising from the images.

 

  1. Client Approval

You are responsible for having your authorised representative present during the shooting of the assignment to approve the photography.  if no representative is present he photographers interpretation of the brief and resulting images shall be accepted.  You shall be bound by all approvals and changes made by your representative.

  1. Reshoots

If a reshoot is requested by the client 100% of all original costs and fees oncluding photography will be charged.

 

  1. Payment & Deposits

If we have indicated on our quote that a deposit is required for pre-production and production expenses, the deposit is to be paid in full before the shoot commences.  Full payment of pur invoice is required within the payment terms outlined on the invoice.  Usage and reproduction rights are not granted unless our invoice has been paid.

 

  1. Overtime

If a shoot day extends beyond eight (8) consecutive hours, overtime for photography and crew may be charged at our discretion at a rate of one and on half (1.5) times the hourly rate or fees.

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