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COPYRIGHT & USAGE RIGHTS

RH Photography & Design retains all copyright and moral rights in each image, video or design supplied and agrees to license the use of the images, videos or designs for the media and usage requirements as outlined below. All images, videos or designs to be used by RH Photography & Design for folio purpose only or otherwise stated.

Usage Rights will be licensed to [The client / company] for company usage, as outlined below and is not transferable. The images may not be passed-on or on-sold to any third party or parties without written permission.

You must contact us for a quote for any third party or additional usage.

 

 

TERMS & CONDITIONS

 

Definitions
  1. ‘We’ and ‘us’ means RH Photography & Design, its representatives, employees, and contractors.
  2. ‘You’ means the client, its representatives, agents and assigns and successors.
  3. ‘Usage License’ or ‘License’ means those rights licensed to the company, corporation, business or entity named on the License
  4. ‘Image’ or ‘images’ means the photographic images produced by digital capture or film including video or any other type of physical or electronic means.
  5. ‘Design’ or ‘Designs’ means the graphic designs, concepts or material produced as digital, hand-drawn, printed or any other type of physical or electronic means.

 

Acceptance

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

 

Copyright

RH Photography & Design retains copyright and all moral rights in each image/design produced and retains ownership of all original captures, concepts, mockups, layouts and processed/retouched files supplied.

 

In regards to logo designs, the client assumes copyright and reproduction rights upon final payment and completion of the project.
Unused design concepts remain the property of RH Photograph & Design and aspects of the design and or design concepts may be used for other projects in the future.
All images/designs to be used by RH Photography & Design for portfolio and marketing purpose for RH Photography & Design or otherwise stated.

 

Usage License

You, the Client may use the images/designs for the Media, Territory and Duration outlined in the Usage License. Additional Usage will attract additional usage fees which will be quoted upon request The license is not transferable and the images/designs may not be passed-on or on-sold to any third party or parties without written permission from RH Photography & Design.

 

Exclusivity

Unless otherwise agreed upon in writing, the images and designs are supplied on a non-exclusive basis. RH Photography & Design retains the right to use the images/designs for self-promotion and may on-sell the images or aspects of a design (within reason) to third parties during the terms of your Usage License if it deems there is no conflict of interest with your usage requirements.

 

 

Cancellations & Postponements

A booking is considered firm as from the date of confirmation.
All cancellations & postponements will be taken into consideration on an individual basis,

A booking is considered firm as from the date of confirmation.
All cancellations & postponements will be taken into consideration on an individual basis, as unfortunate and unforeseen circumstances can arise.

Although if a confirmed booking is canceled or postponed for reasons other than weather, we reserve the right to charge 50% of any Pre-production fees incurred and 100% of any direct costs incurred or due, including but not limited to, accommodation and travel expenses, props, equipment, studio and vehicle hire etc.

If canceled 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.

If the client prior to project completion cancels a design project a pro-rata payment may be applicable for any further work that has been completed (as determined by RH Photography & Design) for time spent on the project before the cancellation notice was received. In the event of project cancellation, RH Photography & Design retains ownership of all design material and original artwork, no working files (Indesign, Illustrator, Photoshop files etc) will be released.

 

 

Weather Days

RH Photography & Design will check weather forecasts in the lead up to a shoot, and alternative options will be discussed with the client should the forecast indicate adverse conditions.

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

If already on site RH Photography & Design will endeavour to complete a project to satisfaction only if it is deemed safe for us to do so.

 

 

Indemnity

RH Photography & Design shall not be liable for any legal action, claim or damages resulting from or arising out of the use of, publication or distribution of the images/designs. You agree to indemnify RH Photography & Design against any claims and/or damages against us including any legal fees arising from the images/designs, or any late artwork or printing deliveries.

 

 

Client Approval

The creative intent of the project must be outlined in full with the attached brief. You are responsible for having your authorised representative present during the shooting of the assignment to approve the photography. If no representative is present the photographer’s interpretation of the brief and resulting images shall be accepted. You shall be bound by all approvals and changes made by your representative.

All amendments to design projects or retouching must be made in writing via email. Should any changes be discussed over the phone, RH Photography & Design will follow up the call with an email outlining the discussed changes. Any amendments not included in this follow-up email, remain the clients’ responsibility to inform RH Photography & Design as soon as possible to ensure the changes are met within agreed deadlines. Depending on the scope of changes required a deadline might need to be altered to ensure a high-quality final product.
All Design Projects include 2 rounds of amendments, unless otherwise stated. Any work outside of this scope will incur additional charges. RH Photography & Design, will endeavour to inform the client before last round of changes to ensure all aspects of amendments are outlined before proceeding.

 

Colour Matching & Printing

Whilst all care is taken, RH Photography & Design does not take responsibility for Client supplied artwork that does not print properly.

 

Please note that colour on projects can vary from screen to final product. Screen proofing is not indicative of the final printed piece. RH Photography & Design operate with high-quality and calibrated equipment and take all possible care in providing colour accurate work.

Printed colours and trimming can vary from printer to printer, job to job, run to run, or even front to back, due to the nature of the CMYK printing process.

 

 

Force Majeure & Acts of God

The Photographer(s) shall carry out assignments with due and professional diligence. Elements beyond the Photographer’s control include faulty material, equipment failure, loss of photos/negatives in transit between the Photographer’s studio and professional laboratories employed by the Photographer(s), industrial disputes, civil disturbances, or weather conditions and lack of backup venue options, which may inhibit the Photographer(s) completing in whole or in part this assignment.

In this case, the Photographer(s) shall not be liable for its complete performance of the assignment. It is agreed that the liability of the Photographer(s) shall be limited to be a refund of all monies paid under this agreement.

 

Reshoots

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

 

 

Payment & Deposits

All bookings/projects require a retainer, which is a percentage of the total project. This retainer is non-refundable and is required for pre-production and production expenses. The retainer is to be paid in full before a project/shoot commences. Full payment of our invoice is required within the payment terms outlined on the invoice. Usage and reproduction rights are not granted unless our invoice has been paid.

 

 

Payment Terms:
  • Quotes are valid for 30 days, unless otherwise specified.
  • Invoices are to be paid within 14 days of the date of issue, unless otherwise specified.
  • A 50% non-refundable booking retainer is required to confirm a shoot or before the commencement of a design project, unless otherwise specified.
  • Final artwork files/images will not be handed over until the invoice has been paid in full.
  • Payments are to be made either by bank deposit transfer or PayPal
  • Paypal is also a payment option, however, there is a 3% fee for this.
  • Accounts which remain outstanding for 30 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs/invoice for each week payment is outstanding.
  • All printing invoices must be paid in full prior to sending the artwork to print. We use Trade printers and pass on our discounted rates with these suppliers.
  • Payment is required for any artwork or drafts that have been terminated on your request at any stage of development, prior to completion. An invoice will be issued as ‘work to date’.
  • For some projects additional fees or hire costs may apply for pre-production including specific props, special equipment, non-standard typefaces, printing etc. These will be discussed in advance and will be required at the time they are incurred and must be paid before they are acquired by RH Photography & Design.

 

 

Overtime

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

Additional design work outside the scope of the original agreement will be charged at an hourly rate as specified in the agreement for that project.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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