A. Terms and Conditions of using this website.
This website is governed by the terms and conditions set forth here-in, as well as any applicable laws, statutes, ordinances, and regulations. Your use of this site, whether browsing, visiting, or otherwise accessing, shall be taken as an acceptance of these terms and conditions.
As used in this site, the terms “the Photographer”, and “Kerri Afford Photography”, are intended to included Kerri Afford Photography and its respective subsidiaries, divisions, and affiliated companies.
All content on this site, whether text or images, is protected by Australian and International copyright law. Except as specifically permitted within the terms and conditions governing the use if this site, any reproduction, display, copying, or retransmission of any or all of the contents of this site is strictly forbidden. Requests for use of any content should be directed to the Photographer.
Kerri Afford Photography makes no representations or warranties of any kind regarding this site as to;
The accuracy or completeness of the information or other content contained in this Site, and assumes no responsibility for any errors or omissions in the contents.
The fitness or suitability of any information, products, or services for any purpose and non-infringement.
The presence or absence of any bugs or computer viruses which third parties may attach or embed without the knowledge or consent of Kerri Afford Photography.
Any software or content made available for download, copying, or other use.
Every user who visits this site does so at their own risk. In no event shall Kerri Afford Photography, its affiliate, and/or suppliers be liable for any indirect, incidental, punitive, special, consequential, or other damages arising from the use of, or inability to use this website, or the content contained within. This does not affect any statutory rights you may have as a consumer.
BULLETIN BOARD, CHATROOMS, AND OTHER COMMUNICATION FORUMS
If this website contains bulletin boards, chat rooms, or other message or communication facilities (hereafter known as “Forums”), you agree to only send or receive materials or messages that are proper and related to the particular Forum. By way of example, and not limitation, you agree not to;
Defame, abuse, threaten, harass, stalk, or otherwise violate the legal rights of others (including the rights of privacy).
Publish or post any material or information which is defamatory, obscene, indecent, infringing, or unlawful in any way.
Upload files that contain any material protected by intellectual property laws, unless you own or control those rights, or have obtained all necessary consents.
Upload files that contain viruses, corrupted files, or other software that may damage the operation of the website or another’s computer.
Falsify the origin or source of any material that is uploaded.
Advertise or offer to sell any goods or services or conduct surveys, contests, or chain letters,
Download any file posted by another user, that you know or reasonably should know, cannot be legally distributed in such a manner.
You acknowledge that all Forums unless otherwise specified are public and not private communications, and that any postings are not endorsed by Kerri Afford Photography.
Kerri Afford Photography reserves the right to remove without notice any contents of the Forums received from users, and reserves the right to deny at its sole discretion any user access to this website without notice.
Links to other internet sites may appear on this site from time to time. Except for websites maintained by divisions, subsidiaries, or affiliated companies of Kerri Afford Photography, users acknowledge that these sites are not under the influence or control of Kerri Afford Photography and that Kerri Afford Photography assumes no responsibility for the contents or actions of such websites, or any potential damage arising from the use of such links.
The existence of any link between this site and any other site shall not be taken as an endorsement of such site.
Kerri Afford Photography reserves the right to modify or change these terms and conditions at any time.
Kerri Afford Photography appreciates any constructive feedback with regard to these terms and conditions, or the site in general. We hope you find the information, products, and services contained herein useful.
B. General Terms and Conditions for photographic assignments.
For the purpose of this agreement “the Agency” and “the Advertiser” shall include their respective successors and permitted assignees and where there is no agency or advertiser; all references in this agreement to either shall mean the Client.
“the Photographer” means Kerri Afford Photography and its respective successors and permitted assignees.
“License” means those rights in the Photographs licensed to the Client pursuant to clause 2.
“Photographs” means all photographic material furnished by the Photographer; whether transparencies, negatives, prints, digital files, or any other type of physical or electronic material.
2. COPYRIGHT AND LICENSE TO USE
The copyright in the Photographs is owned by and retained by the Photographer at all times throughout the World. The Client also agrees that the Photographer is the sole author of the Photographs. The Photographs shall be the Photographer’s interpretation, rather than a literal re-creation of any concepts or layouts provided to the Photographer by the Client or the Client’s representative.
ii) LICENSE TO USE
The Client shall have the right to use the Photographs only in the media, within the territory, for the period, and with exclusivity as set out overleaf. Any extended usage must be with the written consent of the Photographer and will be subject to a further fee. The License cannot be transferred without the Photographer’s written consent. No use may be made of the Photographs until payment in full is received, without the express written permission of the Photographer.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. The Client shall return all Photographs within 30 days of the expiry of the License.
The Agency and Advertiser will be authorised to publish the photographs to the exclusion of all other persons including the Photographer for the duration of the License according to the usage rights designated therein. However, the Photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the License, the Photographer shall be entitled to use the photographs 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.
5. NO ALTERATION
No alteration or manipulation of the Photographs may be made without the permission of the Photographer.
6. CLIENTS MATERIALS
The Client accepts full responsibility for any materials they supply for use in the Photographs and that the materials so supplied are insured against loss, damage or liability.
The Photographer shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the Photographs or any other use by the Client. The Client shall indemnify the Photographer against any claims and/or damages against him including reasonable counsel fees arising from the Client’s use of the Photographs and the Photographer’s use of the materials on the instructions of the Client.
The Client shall pay all expenses referred to herein. All assignments where the total cost estimate exceeds $1000.00 require payment of 100% of the Production Expenses and 30% of the Fees before commencement. Full payment is otherwise required within 30 days of receipt of the relevant invoice.
9. CLIENT APPROVAL
The Client is responsible for having its authorised representative present during all “shooting” phases of the Assignment to approve the Photographer’s interpretation of the Assignment. If no representative is present, the Photographer’s interpretation shall be accepted. The Client shall be bound by all approvals and job changes made by the Client’s representatives. Unless a rejection fee has been agreed in advance there is no right of rejection.
In the event any Assignment extends beyond eight (8) consecutive hours in any one day the Photographer will charge overtime for crew members and assistants at a rate of one and one half (1.5) times their hourly rate or fee.
11. CANCELLATION AND POSTPONEMENTS
The Client is responsible for payment of all expenses incurred up to the time of the cancellation. In addition, the Photographer shall at his discretion be entitled to charge a cancellation fee equal to 30% of the Photographer’s fees. If notice or cancellation is given less than 48 hours before the shoot date, the Client will be charged 100% of the Photographer’s fees.
Weather Postponements: Unless otherwise agreed, the Client will be charged 100% of the fee if the postponement is due to weather conditions on location, and 30% of the fee if postponement occurs before departure to the location.
12. RIGHT TO CREDIT
The Photographer’s name shall be exhibited in reasonable proximity to all published reproductions of the Photographs unless otherwise agreed in writing prior to commencement of work.
The Photographer will charge 100% of his fees, charges, and expenses on any reshoot requested by the Client.
14. ARCHIVING DATA
The Client shall not electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner use, scan, reproduce, copy, store or alter any Photograph in whole or in part except as expressly agreed overleaf or with the subsequent written permission of the Photographer.
The Photographs are an original work. The Photographer will not specifically archive copies of the Photographs unless agreed to prior to commencement of work. Each photograph is unique and does not have an exact duplicate, and may be impossible to replace or recreate.
The Photographer will keep confidential and will not disclose to any third party or make use of material or information communicated in confidence to him for the purposes of photography except as may be reasonably necessary to carry out the work.
16. 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 in writing and signed by both parties.
17. APPLICABLE LAW
This Agreement is governed by the laws of South Australia, Australia.