Terms and Conditions

TERMS AND CONDITIONS

A. Terms and Conditions of using this site

All images on this site are protected under international copyright laws.

The purpose of this website is to show examples of my work, the images are not intended to be downloaded or used in any way. No image displayed on this website is in the public domain. The copyright may be owned by Khrome Photography, the clients that the images were created for, the subject of the photograph, or a combination of all of these. Any downloading or copying of images for any purpose whatsoever is a breach of copyright and strictly prohibited. Using these pictures without permission is exactly the same as breaking into my studio and stealing something off the shelf. Any unauthorized usage will be pursued vigorously.

If you want to use any of the images on this site they may be available for licensing but this must be negotiated prior to any use.

I’d encourage you to contact me directly if you have any requests for image use.

B. Standard Terms and conditions for assignment photography

1. Definitions
For the purpose of this agreement “the client” shall where the context so admits include their respective assignees, sublicenses and successors in title. “Photographs” means all photographic material furnished by Khrome Photography whether transparencies, negatives, prints or any other type of physical or electronic material.

2. Copyright
The copyright in the photographs is owned by and retained by Khrome Photography at all times throughout the world. The Client agrees that Khrome Photography is the sole author of the photographs.

3. License to use
The License shall be for the territory time and use as agreed and shall come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without Khrome Photography’s express permission in writing. The License only applies for the use as agreed and does not include any form of electronic or other storage. The License cannot be transferred without Khrome Photography’s express permission in writing.

4. Photographers promotional use
where an exclusive License is granted, Khrome Photography will at all times retain the right to use the photographs in any manner and in any part of the world for the purpose of advertising and promoting work.

5. Ownership of materials
Title to all Photographs remains the property of Khrome Photography. When the License has expired the photographs will be returned to Khrome Photography.

6. No Alteration
No alteration or manipulation of the image may be made without the permission of Khrome Photography.This includes digital downloads to print.

7. Clients materials
The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.

8. Payment
Payment by the client will be required for the right to use the photographs as provided within 14 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed $1200.00 including materials, a payment of 20% of the estimated total will be paid before the work commences.

9. Indemnity
Khrome Photography shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Khrome Photography against any claims and/or damages against him as a result of the clients use of the photographs.

10. Client Approval
If the client is not present during the actual photography sessions then Khrome Photography’s interpretation of the assignment will be accepted. Unless a rejection fee is agreed in advance then there is no right of rejection.

11. Cancellation and postponements
Once Khrome Photography has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Khrome Photography will be entitled to charge a fee for cancellation or postponement at their discretion.

12. Right to a credit
Khrome Photography’s name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.

13. Archiving
The photographs are an original work and Khrome Photography will not archive copies of the photographs unless specifically requested in writing prior to the work commencing. Each photograph is unique and does not have an exact duplicate and may be impossible to replace or recreate.

14. Client Confidentiality
Khrome Photography will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography save as may be reasonably necessary to enable him to carry out the work.

15. Variation
These terms shall not be varied except by agreement in writing.

16. Applicable Law
This agreement is governed by the Laws of Tasmania

 

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