Legal Terms & Conditions:
The terms listed below shall be deemed as a contract between you (“The Client”) and New Creations Photography Studio and no variation or modification of this contract shall be effective, unless agreed by both parties in writing.
Service & orders:
New Creations Photography Studio will carry out all Photography in accordance with agreed instructions from “The Client” using professional photographic equipment. A brief for each assignment will be agreed at the time of commission. Details regarding site access, property position, model release forms and other factors which may have a bearing on Photography should also be provided at this time.
“The Client” understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction although every effort will be made to comply with “the Client’s” wishes. Any special requests not notified on this booking form must be made by “the Client” to New Creations Photography Studio in writing.
Please note, failure to provide information, which results in an abortive trip to the photography site, may result in a charge being made by New Creations Photography Studio to cover time & associated travel costs.
New Creations Photography Studio will provide proof images to enable clients to make their final selection of images required. These images will be made available via an online web gallery unless otherwise agreed with the client.
Delivery of completed images:
All goods will be delivered, in the format agreed at the time of ordering, as soon as possible after completion of the photography. Where possible all deadlines agreed at the time of order will be met, unless notified otherwise. Please note delivery of panoramic images or other special requests, e.g. photo manipulation, will take longer and a delivery timescale will be agreed at the time of ordering.
Any images produced under the terms of this contract by New Creations Photography Studio are protected by the Australian Copyright Act of 1968 and remain the property of New Creations Photography Studio, whether stored digitally or otherwise. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract unless agreed otherwise with New Creations Photography Studio (see below for reproduction rights).
In all cases, unless specifically negotiated otherwise, copyright of all images taken as part of a commission will remain with New Creations Photography Studio. Commissioned images will be supplied with either personal or corporate reproduction rights.
Personal reproduction rights allow copying of images by “the Client” for personal purposes only. Personal reproduction rights do not allow the use of images for corporate advertising, marketing or publicity in any way, including their use on websites or other electronic media. Should "the Client" subsequently wish to use the images for this purpose, written permission must be sought from New Creations Photography Studio.
Corporate reproduction rights:
Allow photographs to be reproduced by” the Client” that has commissioned the images. These images may be used by the Client in their own promotional material, for marketing purposes, advertising, internet/intranet sites, on retail goods etc. In instances where photography is commissioned through a third party, e.g. Design Agencies, the Corporate Reproduction Rights extend to the end user of the images. Unless agreed otherwise in writing, the Agency may only use the images for the purposes of supplying the original end user.
Corporate reproduction rights continue:
In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the express written permission being granted by New Creations Photography Studio. If such a request is made, New Creations Photography Studio reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph.
Please note that unauthorized copying of a copyright image (in whole or part) is an infringement of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, delivery up or injunctions precluding one's use of the images. New Creations Photography Studio reserves the moral right to be credited as the author of any published photographs.
The agreed order will detail the cost of services to be provided by New Creations Photography Studio & will be based on specific requirements of "the client", e.g. type of photography, panoramic images, additional mileage traveled, etc. Please note should agreed orders subsequently change, New Creations Photography Studio reserves the right to charge for additional services provided/time incurred. All prices quoted by New Creations Photography Studio are exclusive of GST (Goods and Services tax).
A non-refundable 50% deposit is required upon scheduling and booking your shoot with New Creations Photography Studio. Full payment is due on the day of the shoot or anytime before the shoot to New Creations Photography Studio’s unless prior arrangement has been made by “the client” with New Creations Photography Studio.
If prior arrangement for payment has been made with New Creations Photography Studio, full payment will be due within 7 days of receiving the invoice which will be issued on provision of the proof images, unless agreed otherwise.
New Creations Photography Studio reserves the right to charge interest at the prevailing bank base rate +2% if payment is not made within the terms agreed at the time of order.
New Creations Photography Studio will not accept any liability should commissioned images be used in a defamatory manner by the Commissioner. New Creations Photography Studio also reserves the right to object to photographs being used in a manner which distorts, mutilates or is other damaging to the business’ reputation.
New Creations Photography Studio reserves the right to use the commissioned images in any promotional material relating to the business, (i.e. website, business card, pamphlets, brochures etc.) without prior approval of "the client". In addition, New Creations Photography Studio reserves the right to make the images available for sale to a third party, unless specifically stated otherwise in writing, at the time of the commission being carried out.
“The Client” may cancel this contract at any time by giving written notice to New Creations Photography Studio. Should cancellation of the contract occur after work has commenced or expenses incurred in relation to the contract these costs will be charged to “the Client” and will be payable in full.
Limitation of Liability:
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.