Terms and Conditions
For the purpose of this agreement ‘the Agency’ and ‘the Advertiser’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to the Photographer’s client, ‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
Ownership of Materials
Title to all Photographs remains the property of the Photographer. When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days. Any copy of any of the Photographs MUST then be deleted or discarded. Use of any of the Photographs must not be done!
The License to Use comes into effect from the date of payment of the relevant invoice(s) IN FULL. No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission IN WRITING. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.
In relation Real Estate Photography, the License to Use a/the Photograph/s is
* only to the Client, and
* NOT interchangeable with/to any other Client, and
* for use only up to 365 calendar days, where the first day starts on the day the relevant invoice(s) was/were paid IN FULL.
In any case, publishing any of the photographs on the First or the Last page of a magazine, newspaper, or any similar advertising method requires written confirmation from the Photographer, and may incur additional fees.
The Agency and Advertiser may be authorized to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising, or otherwise promoting Collins Ryan's work. After the exclusivity period indicated in the License to Use, the Photographer shall be entitled to use the Photographs for any purposes.
6. Client Confidentiality
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
While the Photographer takes all reasonable care in the performance of this agreement generally, the Photographer shall not be liable for any loss or damage suffered by the Client, or by the Client's client, or by any third party arising from use or reproduction of any image or its caption.
a. The Client agrees to indemnify the photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the photographer.
b. It is the Client who must satisfy himself/herself/themselves that all necessary rights, model releases or consents from the subject/s being photographed and/or their property which may be required for the photography or reproduction, are obtained and it is acknowledged that the photographer 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, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
Indemnity the Photographer is set to the cost of NZ$1024.00 per part of or the whole of one photograph. Accordingly, for each part of or a whole of additional photographs will incur the identical sum of indemnity.
The Photographer believes in good practice and gives good faith in the Customer. However, this is important to set the below terms in regard to invoice payment:
Payment terms are strictly 15 calendar days from the date of invoice by Online Banking payable to “Ryan Collins - Photography”. The Bank account details will be supplied with our invoice. Clients are advised to send payment by Online Banking and the proof of delivery is ONLY when the payment is accepted by the Photographer's Bank Account. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment if we are not paid according to agreed credit terms. The payment will incur 4% of the entire agreed sum written in the invoice, per one calendar day of non-payment. A calendar day starts at 12mn and ends at 11:59:59pm
If payment is not made in accordance with the above then the Photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under any relevant Act in New Zealand.
If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 15 calendar days from the issue date, and the Photographer may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
A fee of NZ$85.00 per one invoice may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable and represents the additional time spent pursuing overdue invoices.
The Photographer reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images from ANY photography session given to a Client, once any invoice issued to the Client in question becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, the photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate of NZ$120 per part-of or one whole photograph to the Photographer in addition to the expenses shown as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, the Customer understands that they have no right to reject on the basis of style, colours, content or composition of any photograph.
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement. In any case, if a Deposit sum was paid - the Deposit sum will then be the Cancellation Fee. In any other case, a sum of NZ$280 will be the Cancellation Fee.
12. Right to a Credit
Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts the statutory right to be identified in the circumstances set out by the Government of New Zealand in ANY Act or any amendment or re-enactment thereof.
13, Supply to Third Parties
The license only applies to the advertiser or Client. No Third Party is licensed to the Right of Use of any of the photographs.
14. Electronic Storage
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
15. Applicable Law
This agreement shall be governed by the laws of New Zealand.
These Terms and Conditions shall not be varied except by agreement in writing.