General (applies in all cases to all clients)
Definitions: “Image” shall be defined as all creations by Prue Aja Steedman, whether still or moving.
Copyright: Unless otherwise agreed in writing, the copyright in the Images is owned by and retained by Prue Aja Steedman at all times throughout the World.
License: The Client shall have the right to use the Images only in the media, within the territory, for the period, and with exclusivity as agreed in writing. Any extended usage must be with the written consent of Prue Aja Steedman and will be subject to a further fee.
No Alteration: No alteration or manipulation of the Images may be made without the written permission of Prue Aja Steedman.
Payment: All invoices, unless otherwise stated, carry 7 day payment terms. Part-payments, deposits and retainers are non-refundable. No Usage is granted until payment is received in full. Images and product may be withheld pending payment.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.
Cancellation fee applies to all jobs if cancelled within 7 days of the booking. If cancelled within 2 -7 days prior to the booking 50% deposit will not be refunded. Within 24-48 hours 75% fee of total booking will be charged.
Archiving of Images: Prue Aja Steedman will attempt to permanently archive all completed images and make them available upon requirement.
Privacy: Prue Aja Steedman will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence for the purposes of photography except as may be reasonably necessary to carry out the work.
Creative Style: The Client acknowledges that Prue Aja Steedman and its representatives will shoot in the creative style of the studio. This style can be modified by external and personal factors including weather, location, subjects, creative inspiration and other indefinable elements. No two projects are the same and results may vary.
Limitation of Liability: Prue Aja Steedman shall carry out this assignment with due and professional diligence. Elements beyond Prue Aja Steedman’s control include faulty material, equipment failure, damaged or loss of compact flash cards, industrial disputes, civil disturbances or weather conditions which may inhibit or prevent in whole or in part this assignment. In this case it is agreed that the liability of Prue Aja Steedman shall be limited to a refund of the money paid under the agreement, which shall be the full and final satisfaction of any loss or damage suffered.
Applicable Law: All dealings shall be governed by the laws of the State of Victoria in Australia and disputes shall be dealt with therein.
Exclusivity: The Agency and Advertiser will be authorised to publish the Images to the exclusion of all other persons including Prue Aja Steedman for the duration of the License according to the usage rights designated therein. However, Prue Aja Steedman retains the right in all cases to use the Images in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting her work. After the exclusivity period indicated in the License, Prue Aja Steedman shall be entitled to use the Images for any purposes. On expiry of first initial exclusive period, the Client will be offered the first right to extend the license upon payment of a further fee. If no exclusivity period has been negotiated, the rights licensed will be considered to be non-exclusive.
Indemnity: Prue Aja Steedman shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the Images or any other use by the Client. The Client shall indemnify Prue Aja Steedman against any claims and/or damages against her including reasonable counsel fees arising from the Client’s use of the Images and Prue Aja Steedman’s use of the materials on the instructions of the Client.