Will Faulkner Photography

GENERAL TERMS AND CONDITIONS 

  1. Definitions and terms: This agreement is between Will Faulkner Photography (Licensor) and the Client. The Licensor creates and owns the images, and the Client commissions the services.
  2. Payment: The Client is responsible for full payment of fees, charges, and advances as set forth in the quote.
  3. Rights: The Licensor is the sole creator and owner of the images and reserves all rights, except for any rights specifically licensed or transferred in an agreement.
  4. Licenses and exclusivity: Licenses are non-exclusive and limited to English language use in Australia only, and last for one year from the date of the invoice. The licensed rights are not transferred until the Client accepts all terms of the agreement and the Licensor receives full payment.
  5. Release: The Licensor does not warrant that third party rights are secured unless a release is submitted.
  6. Reshoots: The Client pays for reshoots unless it’s due to a technical error.
  7. Assignment: The Client cannot assign any rights or obligations under the agreement without the written consent of the Licensor.
  8. Art Direction: The Client is responsible for providing creative briefs and an art director or designer during the pre-production phase of the project. The Client is responsible for providing an art director or designer who can work with the photographer throughout every stage of the project as a creative guide. If an art director or designer is not available on-site, the photographer will be deemed to absorb these roles.
  9. Marketing purposes: The final deliverables may be used for the marketing purposes of willfaulkner.com unless otherwise notified by the Client prior to the shoot.
  10. Limitation of liability: The Client indemnifies and holds harmless the Licensor from any claims, liabilities, damages, and expenses arising from or relating to the Client’s use of the image.
  11. Force majeure: The Licensor is not in default of the agreement if a delay or failure to perform results from an occurrence beyond their reasonable control.
  12. Default: Any legal action regarding the agreement shall be brought in the state of the Licensor’s principal place of business.
  13. Modification, governing law and miscellaneous: The agreement is governed by the laws of Australia, and any modification or waiver must be in writing and signed by both parties.