TomBalks.com

TERMS OF BUSINESS

1 Definitions In these terms:
1.1 “estimate” means the estimate accompanying these terms of business, containing details of the project, costings and time frames.
1.2 “project” means the totality of all work outlined in the estimate, or such part as is accepted by you.
1.3 “photos” means all items or things created, provided or obtained by me to complete the project, including any photographs, computer disks, digital files or otherwise.

2 Agreement
2.1 Upon you appointing me to do the project, an agreement will come into existence comprising these term and my estimate, as varied with my written approval.
2.2 Subject to the specific details of my relevant estimate, these terms cover all ongoing and future projects undertaken by me for you unless varied with my written consent.

3 Instructions
You will use your best endeavours to ensure that all instructions are in writing and, in particular, you will sign off on all work produced. We will not be liable for any errors or omissions resulting from a failure on your part to sign off on any work.

4 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.

5 Fees and Expenses
5.1 My fees and the time scale for payment are those set out in my estimate and all amounts must be paid by you within 45 days of invoice date.
5.2 If staged payments are agreed to, and any amount is outstanding beyond 30 days of invoice date, I reserve the right to cease work until all outstanding amounts are paid and I shall not be liable to you for any damage, clam or other liability caused by the delay in completing the project.
5.3 Unless otherwise stated, goods and services tax (“GST”) will be charged in addition to the quoted fees and on all expenses where it applies.
5.4 You are responsible for any expenses payable by me to third parties and shall reimburse such expenses within 30 days of invoice date.

6 Timelines, Weather Postponement and Cancellation
6.1 All times suggested for completion in my estimate are estimates only. I will not be liable for any loss or damage resulting from my failure to meet any time stipulation.
6.2 Unless otherwise agreed to, the Client will be charged 100% of the fee if the postponement is due to weather conditions on location, and 50% of the fee if postponement occurs before departure to the location.
6.3 If you cancel the project for any reason (which cancellation must be in writing), you must pay all fees and expenses incurred by me to the date of such cancellation, plus 50% of my profit cost for the project.

7 Reshoots
The Photographer will charge 100% of his fees, charges and expenses on any reshoot requested by the Client.

Copyright and Intellectual Property
8.1 Where photos are submitted to any party for any reason where terms of business have not been agreed to, their provision is made on the basis that I retain copyright and all other intellectual property rights in the photos and that the recipient of the photos will keep them confidential and will return them complete, unaltered and uncopied if my estimate is not accepted.
8.2 No copyright or any other intellectual property rights in the photos will be licensed to you until I have been paid in full all fees and expenses due. I shall not in any case be obliged to transfer to you any of the photos stored by me on digital storage media or the digital files themselves.
8.3 Once all my fees and expenses have been paid, I will licence to you copyright in the material, limited to the purpose, media and geographic area described in my estimate. My fees are based upon this limited licence of copyright. If you require a more-encompassing licence or assignment, this must be the subject of further negotiations between us.
8.4 In all other respects I retain copyright and all other intellectual property and moral rights (including the rights of adaptation and attribution) in the photos. In particular, I may use the project or any of the photos for any self-promotional or competitive purpose.
8.5 I will maintain the confidentiality of any information supplied by you, but only if you advise me in writing that such information is confidential.
8.6 I must be credited as the author of all photos wherever reasonably possible with the label, TomBalks.com.

9 Loss or Damage
Reimbursement by the Client for loss or damage of each original photographic transparency or film negative shall be in the amount of Two Thousand ($2000). The Photographer and Client agree that the said amount represents the fair and reasonable value of each item.

10 Warranties and Indemnities
10.1 You will indemnify me against all claims arising from my use of any information or documents supplied by you or for any act or thing done by me on your instructions or with your approval.
10.2 I make no warranty regarding the suitability or otherwise of any of the photos for your purposes and it is your responsibility to ensure that the photos comply with the requirements of any legislation regarding marketing, labelling, packaging or otherwise.

11 Governing Law
We agree that this agreement is governed by, and will be interpreted in accordance with, applicable international laws and the laws of New Zealand and both of us irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of that country.

I agree, in my capacity as signing authority, to the above terms and conditions.

DATE:

SIGNATURE:

PRINT NAME:

WITNESSED BY:

PRINT NAME: