F
A
C
E
B
O
O
K

Terms, Conditions and Copyright

 

All images on this site are protected under international copyright laws.

The images on this website are not intended to be downloaded or used in any way without permission. No image displayed on this website is in the public domain. The copyright may be owned by Richard McGibbon, Richard McGibbon Photography ABN#: 29 264 787 896, the clients that the images were created for, the subject of the photograph, or a combination of all of these. Any unauthorized downloading or copying of images for any purpose whatsoever is a breach of copyright and strictly prohibited.

Using these pictures without permission is exactly the same as breaking into a shop and stealing something off the shelf. Any unauthorized usage will be pursued vigorously.

If you want to use any of the images on this site they may be available for licensing but this must be negotiated prior to any use, including any ‘rough layouts??™ or ‘mock up page??™ or to show another photographer as an example of a shooting style.

I encourage you to contact me directly via the contact page if you have any requests for image use.

Thanks for visiting.

TERMS & CONDITIONS FOR LICENSING AND ASSIGNMENT PHOTOGRAPHY

1. Definitions

For the purpose of this agreement “the client “means the Client requesting the photographs. “the photographer” means any individual photographers, employees, assistants, or any other parties engaged by Richard McGibbon Photography “photographs” means all photographic material furnished by the photographer whether transparencies, negatives, prints or any other type of physical or electronic material.

2. Copyright.

The copyright in the photographs is owned by and retained by the photographer at all times throughout the world. The Client agrees that the photographer is the sole author of the photographs.

3. Moral Rights

The Photographer asserts all moral rights attached to the Photographs, and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of the Photographer. The photographer??™s name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise.

4. Licence to use

The Licence shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the photographers express permission in writing.

The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without the photographers express permission in writing.

The License granted is not effective until the Client has paid the Fees and Expenses in full.

5. Photographers promotional use

The photographer will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting their work even when an exclusive licence is granted.

6. Ownership of materials

Title to all Photographs remains the property of the photographer. When the Licence has expired the photographs will be returned to the photographer.

7. Clients materials

The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.

8. Payment

The Client agrees to pay the agreed Fee and Expenses (plus GST, if applicable) to the Photographer. Usual payment terms are 14 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed $5000.00 inc materials, a payment of 30% of the estimated total will be paid before the work commences. The License granted is not effective until the Client has paid the Fees and Expenses in full.

9. Warranty and Indemnity

The Client warrants to the Photographer that it has the capacity and authority to enter into this Agreement; it has obtained the necessary clearances in relation to the subject matter to be photographed; has permission to publish the photographs and it will only use the Photographs in accordance with the License granted under this Agreement.

The Client further agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the Client of the above warranties.

10. Client Approval

If the client is not present during the actual photography sessions then the photographers interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.

11. Cancellation and postponements

Once the photographer has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and the photographer will be entitled to charge a fee for cancellation or postponement at his discretion.

12. Archiving

The photographs are an original work and the photographer will not archive copies of the photographs unless specifically requested in writing prior to the work commencing. Each photograph is unique, does not have an exact duplicate and may be impossible to replace or recreate

13. 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 in confidence for the purposes of the photography save as may be reasonably necessary to enable him to carry out the work.

14. Variation

These terms shall not be varied except by agreement in writing.

15. Applicable Law

This agreement is governed by the Laws of New South Wales, Australia.

Richard McGibbon Photography: Australian Business Number 29 264 787 896

Telephone: + 61 (0) 41214 2925

 
Sign up for email updates and promotions.
Your information is safe with us and won't be shared.
Thank you for signing up!
 
Loading More Photos
Scroll To Top
Close Window
Loading
Close