STANDARD TERMS & CONDITIONS

In the following terms & conditions “the photographer” shall mean Charlotte Curd trading as Charlotte Curd Photography. “The client” means the individual accessing or using the services of the photographer, or the company on behalf of which such an individual is accessing the services of the photographer. The terms & conditions cannot be varied in any way by the client unless expressly agreed upon by the photographer in writing. These terms & conditions may not be reproduced without the consent of the photographer. By using or accessing the services of the photographer the client agrees to be bound by the terms & conditions.

1.

COPYRIGHT and LICENSE

  1. 1.1.  Copyright of all images remains with the photographer. The photographer remains the first owner of the images and the client is provided with the images for use under license.

  2. 1.2.  The photographer grants the client a non-exclusive license to use the images taken and selected by the photographer, however this license does not include the right to reproduce, copy or redistribute these images beyond the scope of the initial license.

  3. 1.3.  The images are made available under license for the client only and are not available for use by any other third party without the written consent of the photographer.

  4. 1.4.  The client retains the right to request further licenses beyond the scope of the initial agreement. The fee for future licenses is to be agreed upon between the photographer and the client at the time of the request.

  5. 1.5.  The license to use, and the right to use, come into effect on the date of payment in full for the booking.

  6. 1.6.  The photographer reserves the right to use or display any images created by her for any marketing of her own services, including but not limited to use on social media platforms, websites, billboards, at galleries and for photography awards.

MORAL RIGHTS and ATTRIBUTION

  1. 2.1.  The photographer asserts her moral rights in respect to all images created by the photographer.

  2. 2.2.  All use of the images provided to the client must be accompanied by full attribution to the

    photographer, in a form approved by the photographer. This includes but is not limited to social

    media platforms, websites, billboards, and print publications.

  3. 2.3.  If the client fails to provide attribution as set out in the terms & conditions then the client is liable for

    a further non-attribution fee, calculated at 200 per cent of the total initial invoice fee, which the client acknowledges is a sensible estimate of the loss suffered by the photographer.

2.

3. BOOKINGS AND CANCELLATIONS

  1. 3.1.  The client must ensure that bookings and expectations are agreed with the photographer in writing.

  2. 3.2.  When a booking is confirmed by both parties, the client becomes liable for payment and the

    photographer becomes liable to complete the shoot.

  3. 3.3.  If the client cancels or postpones a booked shoot with the photographer, the deposit fee shall not be

    refunded. The client accepts the deposit fee fairly reflects the loss suffered by the photographer in

    re-scheduling work and re-allocating resources.

  4. 3.4.  The deposit may be transferrable to another session, only at the discretion of the photographer.

  5. 3.5.  The client agrees that no refunds are available after the shoot has taken place.

4. PAYMENT

  1. 4.1.  The client shall pay the photographer the amounts payable in accordance with the booking or order agreement(s).

  2. 4.2.  Any monies outstanding by the due date of the invoice are liable for a monthly administration charge of $100, with overdue accounts to be charged at an interest rate of 2.5 per cent per month, or part thereof.

  3. 4.3.  Any costs incurred by the photographer in the recovery of overdue accounts will be passed onto the client.

5. DELIVERY

5.1. The photographer will make all edited images available to the client via a WeTransfer downloadable link.

5.2. The photographer will ensure the client has access to the images, via WeTransfer, for seven days. 5.3. Edited images may be provided on a USB for an additional charge of $20.

© Charlotte Curd