Photography Services Agreement


TERMS & CONDITIONS

Upon acceptance of quote, whether verbally or in writing, ‘Client’ is deemed to have accepted the Terms &

Conditions below.


Copyright & Licensing

• These terms and conditions apply to images captured by Daniela Fulford of ‘Project’ described in the

attached quote/invoice. The relevant image license is also clearly described therein. The image license

outlines who is permitted to use the images and exactly how they are permitted to be used.

• All images captured are © Daniela Fulford. All rights reserved. Upon payment of amounts specified

in quote/invoice, ‘Client’ is granted the right to use images as specified under image licensing. ‘Client’ has

no rights to use of images unless payment is made by stated due date.

• The license to use the images, described in attached quote/invoice, is not transferrable to other entitles

for any purpose whatsoever where they are not specifically mentioned. Such permission for an extension of

the use/s described must be obtained through photographer and usage fees may apply.

• Images may NOT be entered into awards programs or submitted to website platforms where a transfer of

copyright or transfer of license to another party (such as a product supplier) is a condition of

entry/submission. Any transfer of copyright or license where another party is given access to images for

promotional purposes or use in any way whatsoever is strictly prohibited without explicit consent from and

remuneration of ‘Photographer’, the copyright owner. This includes any award sponsors; if other parties

wish to have access to images, an appropriate license must be negotiated with Daniela Fulford.

• Entry of images into awards and submission to website platforms IS permitted where an accompanying

release form is available for ‘Photographer’ to sign that does NOT require any of the copyright/license

transfer described above.


Moral Rights & Releases

• As per Australian Moral Rights legislation, Daniela Fulford retains the right to be correctly attributed as

author of the images where they appear in print or online when reasonably practical. Images may not be

distorted or changed without ‘Photographer’s’ express permission or treated in any way that is prejudicial

to their honour or reputation.

• ‘Client’ is responsible for correct attribution of any original artwork incorporated in the images wherever

they appear.

• Daniela Fulford has no responsibility for, ownership of or liability for the subject matter of the images and

it is ‘Client’s’ responsibility to ensure they have obtained any property, model, trademark and/or other

releases required for photography.

Client Representation

• ‘The Client’ is responsible for the presence of an authorised representative being present at the shoot to

approve ‘Photographer’s’ interpretation of the assignment. If a client representative is not present, Daniela

Fulford’s interpretation shall be deemed acceptable.


Cancellation, Postponement & Other Fees

• In the event of a cancellation by ‘Client’, they agree to reimburse Daniela Fulford for all expenses and fees

incurred up to the point of cancellation.

• Fees will apply to schedule changes by client within 24 hours after booking has been confirmed, along

with delays due to weather and when Daniela Fulford is already on site.

• Daniela Fulford has provided their quote based on the original job description provided by ‘Client’. Fees

provided by Daniela Fulford are for the original job description as presented by ‘Client’. Any subsequent

changes, whether made orally or in writing, may result in additional changes. Actual expenses, which may

be greater or less, will appear in final invoice.

• Any site/location fees, stylist fees, modelling fees, cleaning fees or other such services required are not

considered part of Daniela Fulford’s service and are to be coordinated and paid for separately by ‘Client’

• A reshoot requested by the client will incur an additional cost if client was not present at the shoot to

give direction and approve photos.


Post-Production, Editing & Proofing

• The final post-production and editing styles, effects, and overall look of the images are left to the

discretion of the Daniela Fulford. Client is responsible for proofing images before photographer leaves site.

• Daniela Fulford will only hold the raw files for 6 months after payment. Client is responsible for proofing

images before photographer leaves site.

• Daniela Fulford is not liable to deliver every image taken at the shoot on the contact sheet. The

determination of images delivered to the client to choose from the contact sheet is left to the discretion of

Daniela Fulford.

• Maximum image size of photos delivered to client is 4500x3000 pixels at 300 dpi resolution.

• Daniela Fulford will deliver proofs of photos to client no later than thirty days 30 days after the date of

selections sent to Daniela.


Payment

• In consideration for the photography services provided by Daniela Fulford, client agrees to pay Daniela

Fulford a non-refundable deposit. The initial payment reserves the photographer’s time Daniela Fulford

agrees to not advertise availability of this same time slot to any other potential clients. If client cancels this

shoot for any reason, the initial payment will not be returned to client.

• The balance of the payment for photography services must be paid in full no later than 7 days after final invoice has been supplied to the client.


Duty Of Client

• Client will obtain all permissions necessary for Daniela Fulford to photograph at the shoot. Daniela Fulford