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Terms & Conditions
Terms and Conditions
By using any of Shaun Gibbs Photography services you agree to the following terms and conditions.
Definitions The photographer hereafter refers to: Shaun Gibbs Photography. For the purpose of this agreement ‘the Agency’ and ‘the Advertiser’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (ie with no agency or intermediary), in the agreement, references to ‘the Agency’ and ‘the Advertiser’ shall be interpreted as reference to the photographer’s client The photographer shall be considered the sole author of the image(s). Even in the case of the Photographer working to concepts or layout, the final image(s) shall be considered to be the Photographer’s interpretation. (a)”picture’ or ‘photograph’s’ means an image on any photographic material furnished by the Photographer, whether digital file, negatives, transparencies, design, artwork, painting, montage, drawing, engraving, print or any other type of physical or electronic material which may be offered for the purpose of reproduction. (b) ‘reproduction’ includes any form of publication or copying of the whole or part of any photograph and whether or not altered whether by printing, photography, digital alteration, projection (whether or not to an audience) reprography, artists reference, artist illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
Client Approval The commissioning party undertakes to provide Shaun Gibbs Photography with a complete brief by way of a formal written brief or shot list to be provided prior to the photo-shoot. Any change to the original brief will require a new estimate. If changes are verbally requested at the production of the work the commissioning party undertakes to be bound by such verbal authorisation and will be responsible for any additional fees and expenses incurred. The client is responsible for having its authorised representative present during all ‘shooting’ phases of the assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The client is bound by all approvals and job changes made by the client’s representatives.
Indemnity The photographer (Shaun Gibbs Photography) shall not be liable for any legal action, liability and damages/costs arising out of publication of the photographs or any other use by the Client.
Copyright Copyright is owned outright by Shaun Gibbs Photography perpetually throughout the world. The images provided are protected by copyright and may not be used or passed on to a third party without written permission from the photographer. Illegal copying is a breach of copyright. On receipt of full payment the client will be licensed to use the images as specified. This licence is non-transferable. Licence for use does not pass to the Client until full payment has been received by Shaun Gibbs Photography.
Rights Licensed Permission to use the photographs for purposes outside the terms of the licence may be granted upon payment of a further fee, which must be mutually agreed before such further use is made. No rights license may be assigned or transferred in any manner without the Photographer’s prior written consent.
Model / Location Releases Model and location releases are to be obtained by the client and all applicable fees for the model and or location permit to be paid by the client. If no specific model release is signed by the model or parties being photographed then Shaun Gibbs Photography's standard model release will automatically apply.
Options of Use It is a condition of use of the services of Shaun Gibbs Photography that he reserves the right to publish any images on his website, social media or any other medium whatsoever for marketing and portfolio purposes, should he wish to do so, unless agreed in writing not to publish any images.
*Internet Search Engines and other Websites
As per Options of Use above, Shaun Gibbs Photography is not responsible for the removal or damages of any images that appear on any search engines/websites, that have acquired the images from Shaun Gibbs Photography's Website: www.shaungibbs.com.au, Instagram, Facebook or any other media that the images have been posted on. Since Shaun Gibbs Photography does not own these other websites/search engines, the responsibility is up to the client/model to have them removed from these other websites where applicable e.g. Google Images, Google Search etc... should you wish to have them removed.
Image Manipulation No images are to be manipulated or altered in any way without the prior approval of Shaun Gibbs Photography. This includes but is not limited to, watermark removal, cropping, applying filters to change the nature of the image.
Credits Unless otherwise agreed, the photographer must be credited on all published photographs.
Entire Agreement This agreement is the entire agreement between the parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless agreed to in writing and signed by both parties.