Terms and Conditions

Standard Terms and Conditions for assignment Photography and Videography


1. Definitions

For the purpose of this agreement "The Client " shall where the context so admits include their respective assignees, sublicencees and successors in title. "photographs and/or video" means all photographic and/or video material furnished by Merlyn Moon whether transparencies, negatives, prints or any other type of physical or electronic material.


2. Copyright

The copyright in the photographs and/or video is owned by and retained by Merlyn Moon at all times throughout the world. The Client agrees that Merlyn Moon is the sole author of the photographs and/or video.


3. Licence To Use

The Licence 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 and/or video before payment in full of the relevant invoice(s) without Merlyn Moon's express permission in writing. The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without Merlyn Moon's express permission in writing.


4. Photographers promotional use

Where an exclusive licence is granted, Merlyn Moon will at all times retain the right to use the photographs and/or video in any manner and in any part of the world for the purpose of advertising and promoting his work.


5. Ownership of materials

Title to all photographs and/or video remains the property of Merlyn Moon. When the Licence has expired the photographs and/or video will be returned to Merlyn Moon.


6. No alteration

No alteration or manipulation of the image or footage may be made with out the written permission of Merlyn Moon.


7. Clients materials

The Client accepts full responsibility for any materials that they supply for use in the photographs and/or video 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 and/or video as provided within 7 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 be less than $2,500.00 Inc. materials, full payment must be received before work commences. Where the work is estimated to exceed $2,500.00 Inc. materials, a payment of 50% of the estimated total will be paid before the work commences.


9. Indemnity

Merlyn Moon shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs and/or video or other use by The Client. The Client shall indemnify Merlyn Moon against any claims and/or damages against him as a result of The Clients use of the photographs and/or video.


10. Client approval

If The Client is not present during the actual photography and/or video sessions, then Merlyn Moon'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 Merlyn Moon has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Merlyn Moon will be entitled to charge a fee for cancellation or postponement at his discretion.


12. Right to a credit

Merlyn Moon's name will be printed in reasonable proximity to all published reproductions of the photographs and/or video unless agreed otherwise prior to the work commencing.


13. Archiving

The photographs and/or video are an original work and Merlyn Moon will not archive copies of the photographs and/or video 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

Merlyn Moon 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 and/or videography 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 Western Australia.