Hayden Hockly PHOTOGRAPHY

This is a contract for the provision of photographic services between:

                     the Photographer

                     and

                     the Client

1.     SERVICES The Photographer agrees to provide services to produce Photographic Works as agreed and described in the Photography Details Form. Digital images will be delivered online in a password protected gallery. All images will be edited and colour corrected and provided in both high and low resolution. The Photographer will retain digital files of the Photographic Works for 5 years from the Date.

2.     AGREEMENT The Client must ensure that all instructions and expectations (or variations of such) are included in the Photography Details Form or otherwise agreed in writing at least two weeks prior to the Date.

3.     PAYMENT The Client must pay the deposit specified in the Photography Details Form to secure the Booking. The Client must pay the Photographer the balance of the fee specified in the Photography Details Form at least two weeks prior to the Date specified in the Photography Details Form.

4.     OTHER PHOTOGRAPHY To avoid disruption to provision of the photographic services, photography by family and friends will be at the discretion of the Photographer.

5.     COPYRIGHT The copyright in all Photographic Works resulting from the remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. The Photographer and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.

The Photographer grants the Client a non–exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client, however this Licence does not include the right to sell the Photographic Works or any part of the Photographic Works. The Client may license any or all of the Photographic Works from the Photographer’s selection.

The Client acknowledges that the purpose of the creation of the Photographic Works includes the right of the Photographer to:
(a) Enter the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
(b) Advertise or otherwise promote the Photographer’s Work, including on social media; and
(c) Submit the Photographic Works for display at art galleries or other premises; and
(d) Use the Photographic Works for any other purpose within the Photographer’s business activities.

6.     RESTRICTION ON MODIFICATION The Client agrees not to alter or manipulate the Photographic Works (for example, by applying filters) unless the Photographer has agreed to the particular alteration in writing.

7.     COMMENCEMENT OF LICENCE This Licence to use, and the right to use, the Photographic Works comes into effect from the date of full payment under this contract, except where the Photographer gives express written permission.

8.     COPYRIGHT All copyright that arises out of the performance of the Photographer’s obligations under this contract shall arise not by commission but shall be the creation of the Photographer. The Photographer shall remain the rst owner of the Photographic Works and the Client shall be supplied with the Photographic Works for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at the Photographers normal prices at the time of the request.

9.     ATTRIBUTION The Photographer asserts his or her moral rights in respect of the Photographic Works and any reference to the Photographic Works shall be accompanied by full attribution to the Photographer in a form to be approved by the Photographer.

10.  INTEREST Any monies not paid in full in accordance with clause 7 may be charged with interest at a rate of 2% per month or part month overdue.

11.  INDEMNITY The Client undertakes to indemnify the Photographer for any loss, damage, or expense (including costs as between solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.

12.  CANCELLATION OR POSTPONEMENT Where the Client cancels or postpones the event described in the Photography Details Form, the Client must pay, at the Photographer’s discretion, the amounts that have already been invoiced or are due as outlined on the Photography Details Form, regardless of whether the appointment is attended or not.

Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time. Failure of any person to arrive at the appointment on time will result in, at the Photographer’s discretion, cancellation or postponement.

13.  CONFIDENTIALITY The Client must advise the Photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Booking.

12. BREACH OF INTELLECTUAL PROPERTY The Client shall fully indemnify the Photographer in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Client or any infringement of an intellectual property right of any person.

13. COLOUR VARIATION The Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used. The Client releases the Photographer from any liability for any claim based upon fading or discolouration.

15. PHOTOGRAPHER NOT LIABLE FOR LOSSES Except as provided for by the Consumer Guarantees Act 1993 the Photographer shall not be liable for:
(a) Any loss or damage arising by reason of any delay in the completion of the Photographic Works; or
(b) Any loss of profits; or
(c) Any indirect or consequential loss of whatever nature; or
(d) Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by the Photographer of any of its obligations under the Photography Details Form or from any cancellation of the Booking or from any negligence on the part of Photographer.

16. LIABILITY LIMITED The Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with
the performance or failure of performance of photographic services by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Photography Details Form.

17. TERMINATION Effective termination of this agreement by the Client must be in writing and give reasonable notice to the Photographer. The Client must compensate the Photographer for all amounts due in accordance with the Photography Details Form (including the proportion of the Booking that has been completed at the date of termination). Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close.

18. FORCE MAJEURE Neither the Client nor the Photographer shall be liable for any loss or damage arising directly or indirectly due to an act of God, re, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside the Photographers control.

DEFINITIONS
Booking: Includes the details described in the Photography Details Form, appointments made for a sitting, viewing and any other meeting where the Photographer has set aside specific time to meet with or do work for the Client.

Client: Means the client listed on the Photography Details Form

Date: Means the Wedding date or Photo shoot date, as applicable, specified in the Photography Details Form

Licence: Is a right granted by the Photographer to the Client to use the copyright works of the Photographer on the terms set out above.

Photographer: Means Hayden Hockly Photography and includes employees or sub-contractors.

Photographic Works: Includes all photographic prints and digital images created by the Photographer.

Photography Details Form means the Wedding Details Form or the Portrait Details Form, whichever is applicable.