TERMS & CONDITIONS
In the following terms & conditions “the Photographer” shall mean Travis Gault trading as Travis Gault Photography. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the Photographer in writing.
1. COPYRIGHT
1. The copyright Designs and Patents Acts assign the copyright of the images to the Photographer.
2. DISPLAY
1. The client(s) hereby allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
1. Photographs taken during the course of the event will be at the discretion of the Photographer although every effort will be made to comply with the clients requirements.
2. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
3. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
4. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
4. PAYMENT
1. A non-refundable booking fee of $150 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
2. The final photos will be delivered to the client upon being paid the rest of the payment for the shoot. Must be paid within 7 days post shoot.
3. Additional goods ordered must be paid for in full at the time of ordering.
4. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. TERMS AND DEFINITIONS:
1. Picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
2. Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
3. The Photographer is the Author of the photograph or the Photographer.
4. The Client is the person or organization to whom the invoice is addressed (whether or not the Client is acting for a third party);
5. (e) Travis Gault Photography Images administers the licensing of the works of the Photographer, Travis and is a trading name of Travis Gault Photography a company registered in Kelowna, BC, Canada.
6. (f) These terms and conditions represent the entirety of the agreement between Travis Gault Photography and the Client. Any variation is only applicable when agreed in advance and in writing;
6. COPYRIGHT AND OWNERSHIP OF MATERIALS:
1. The entire copyright in the pictures is retained by the Photographer, Travis Gault at all times throughout the world and is administered by Travis Gault Photography Images;
2. Title to all photographs remains the property of the Photographer;
3. The Photographer, as administered by Travis Gault Photography Images, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Travis Gault Photography Images’ grant of reproduction rights in respect thereof.
4. Travis Gault asserts both his moral right to be identified as the author of his work and the right to a credit is asserted.
7. USE AND REPRODUCTION:
1. The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received. Travis Gault Photography Images reserves the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received;
2. Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
3. Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
4. Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied;
5. Travis Gault Photography Images reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client;
6. In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Travis Gault Photography Images free of charge within two weeks. In other media, evidence of use must be made available if requested.
8. PAYMENT TERMS:
1. If payment is not made in accordance with above then Travis Gault Photography Images A fee of $25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;
2. The Client’s right to reproduce a picture arises only when Travis Gault Photography Images’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Travis Gault Photography Images to rescind the Agreement and rendering the Client liable for the payment of damages;
3. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Travis Gault Photography images may consider these invoices as overdue when pursuing legal action for the recovery of said debts;
9. REJECTION
1. Travis Gault Photography Images will edit every take and deliver what it considers to be the best of every situation covered;
2. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
10. LIABILITY AND INDEMNITY:
1. While Travis Gault Photography Images takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
2. The Client agrees to indemnify Travis Gault Photography Images in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Travis Gault Photography Images;
3. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Travis Gault Photography Images gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Travis Gault Photography Images against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
4. Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hard copy paperwork of all relevant agreements and contracts.
11. FORCE MAJEURE
1. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
2. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the shoot date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
12. DIGITAL NEGATIVE FILES
1. All digital negatives (computer files) remain the property of the photographer. All digital shoot packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
2. Should the digital negative files be lost, damaged or destroyed for the reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
13. PERSONAL ACCIDENT
1. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
14. CANCELLATION FEES
1. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
2. Cancellation of any booked date(s) the client shall forfeit the booking fee of 50% unless a reshoot date is booked at time of cancellation and within one calendar month.
15. DELIVERY
1. The photographer will endeavor to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.