1. DEFINITIONS

For the purpose of these Terms & Conditions “The Client is the person specified on the Quotation, and shall include their successor/s or any assignees.
“The Photographer” refers to Jarrod Barnes Photography, and shall include any nominated assignee.
“Visual Content” means all photographic and/or videography material provided by the Photographer to the Client, whether transparencies, negatives, prints, proofing film or any electronic and digital files and material.
“The Quotation” refers to the schedule of fees & expenses calculated to be due and payable by the Client on completion of the agreed photographic work.
“License” refers to the right to use the Photographs by the Client pursuant to clause 2.
“Publication” refers to any public or private use of the Photographs, whether in printed form or any variance of electronic medium (i.e. email, internet, multimedia, television).

2. COPYRIGHT & LICENSE TO USE

a) COPYRIGHT
Unless otherwise agreed, the Photographer is the sole author of the Visual Content.  The Visual Content shall be the Photographer’s interpretation, rather than literal re-creation of any concepts or layouts provided to the Photographer by the Client or the Client’s representative.  Subject to the License, the Photographer retains worldwide copyright at all times.  The Photographer may use the Visual Content for any portfolio or promotional use without prior consultation with the client.

b) LICENSE TO USE
The Client shall have the right to use the Visual Content in the manner specified in the Quotation ONLY.  Any extended usage must be with written consent of the Photographer and is subject to a further fee.  This License is valid only upon FULL payment of the final invoice from the Photographer pursuant to Clause 4.

3. INDEMNITY

The photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the Visual Content or other use by the Client.  The Client shall indemnify the Photographer against any claims and/or damages against him/her including reasonable Counsel fees arising from the Client’s use of the Visual Content and the Photographer’s use of the material on the instructions of the Client.

4. PAYMENT TERMS

The Client shall pay all fees and expenses as set out in the invoice within 30 (thirty) days of receipt of the invoice from the Photographer, unless prior arrangement between the Client and the Photographer has been made.  Failure to do so is a breach of the Terms & Conditions and invalidates the License to Use pursuant to Clause 2b.

5. CANCELLATIONS

The Client is responsible for payment of all expenses incurred up to the time of the cancellation.  If notice is given less than 24hrs before the scheduled shoot time, 50% of the Photographers fee and the full amount of any associated sub-contractors and expenses will be charged to the Client and be due and payable pursuant to Clause 4.

6. QUOTATION

The quotation is valid for 30 (thirty) days from the date of issue.  Final billing will reflect actual, not estimated expenses plus applicable taxes.  Fees and expenses as set out in this Quotation’s is supplied based on the original job description and specified License agreement.

7. CLIENT APPROVAL

The Client is responsible for having its authorized representative present during all “shooting” phases of the Assignment to approve the Photographers interpretation of the Assignment. If no representative is present, the Photographers interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by Client’s representative. Unless a rejection fee has been agreed in advance there is no right of rejection.

8. ENTIRE AGREEMENT

This agreement is the entire agreement between the parties with respect to the subject matter and no alterations modification hereof shall be binding unless by mutual written confirmation.