Oliver Geier Photographer | Terms and Conditions

Definitions

“The Photographer” refers to Oliver Geier and any successors or permitted assignees. “The Client” is the individual or organisation listed on the invoice, regardless of whether they are acting on behalf of someone else, or the entity whose premises are being photographed. “Photographs” includes all photographic materials provided by the Photographer, such as transparencies, negatives, prints, digital files, and any other physical or electronic formats.

Copyright: 

The photographs created by the Photographer are protected by copyright law and cannot be reproduced in any way without the Photographer's written permission. The Photographer retains ownership of the copyright for the photographs worldwide. The Client acknowledges that the Photographer is the sole author and owner of these images.

Licence to use: 

The Client is granted the right to use the Photographs only as specified in the contract or license agreement, including duration and exclusivity. If no terms are defined, the default period is '2 years’, the default usage is 'Online Digital,' and the default territory is ‘Nationally’. Any extended use requires the Photographer’s written consent and may incur additional fees. The license is non-transferable without the Photographer’s written permission. No use of the Photographs is permitted until full payment is received, unless expressly authorised in writing by the Photographer.

Final images to client: 

The Client agrees to the quality and artistic value of the images produced by the Photographer or their representatives, accepting the results as-is. If the Client requests a reshoot, the Photographer will charge 100% of their fees, charges, and expenses. The Client agrees to hold the Photographer harmless in any disputes that may arise from these matters.

Payments, fees & charges: 

The Client agrees to pay all expenses outlined in the contract or quotation. Invoices are due upon receipt unless otherwise agreed in writing with the Photographer. Additional charges will apply for extra services or costs incurred, which will be invoiced to the Client. For assignments with a total cost estimate exceeding $5,000, a 50% payment of the fees is required before work begins. Full payment is due within 30 days of receiving the invoice. An interest charge of 1.5% per month will accrue on any unpaid amounts thereafter, up to the maximum allowed by law.

Alterations: 

No alterations or manipulations of the Photographs may be made without the Photographer’s permission.

Exhibition: 

The Client grants the Photographer permission to display selected images from this assignment as part of the Photographer’s portfolio and releases any claims to profits that may arise from the use of these images.

Right to Credit: 

The Photographer’s name must be displayed in reasonable proximity to all published reproductions (‘Print/Press') of the Photographs unless otherwise agreed in writing before the work begins.

Confidential Indemnity: 

The Photographer is not liable for any legal actions, claims, or damages arising from the publication or use of the Photographs by the Client. The Client agrees to indemnify the Photographer against any claims or damages, including reasonable attorney fees, resulting from the Client’s use of the Photographs or the Photographer’s use of materials at the Client’s instruction.

Limit of Liability: 

The Photographer exercises great care in the exposure, transportation, and processing of the photographs. However, in the rare event that photographs are lost, stolen, or destroyed due to circumstances within or beyond the Photographer’s control, the Photographer’s liability is limited to refunding all payments received for the photographs. For a partial loss of originals, the liability will be calculated as a prorated amount based on the percentage of total originals lost.

Client Materials: 

The Client assumes full responsibility for any materials provided for use in the Photographs and confirms that these materials are insured against loss, damage, or liability.

Client approvals: 

The Client is responsible for having an authorised representative present during all shooting phases to approve the Photographer’s interpretation of the brief. If no representative is present, the Photographer’s interpretation will be accepted. The Client is bound by all approvals and changes made by their representatives. Unless a rejection fee has been agreed upon in advance, there is no right to reject the work.

Third party Publishers: 

The Client agrees that the uploading, processing, and use of the Photographs will be governed by Google’s standard online terms of service, as outlined in the Google Street View | Trusted program. Google reserves the right to change these guidelines at any time. The Photographer is not responsible for any future changes to the published photographs or the Google Street View | Trusted program. The Client authorises the Photographer to upload the Photographs to Google on their behalf. The Photographer is also not responsible for any work related to the Client's website, search engine marketing (SEM), search engine optimisation (SEO), advertising, marketing, social media, Google+, or Google My Business pages, or any relationship with Google.

Cancelations and postponements: 

The Client is responsible for payment of all expenses incurred up to the time of cancellation. If notice of cancellation is given less than 48 hours before the confirmed shoot date, the Client will be charged 100% of the Photographer’s fees. For weather-related postponements, unless otherwise agreed, 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 the postponement occurs before departure to the location.

Archiving Data: 

The Photographs are original works. The Photographer is not obliged to archive copies of the Photographs unless this is agreed upon prior to the start of the project.

Privacy and Confidentiality: 

The Photographer will keep all confidential materials and information communicated to them for the purposes of photography private and will not disclose it to any third party or use it, except as reasonably necessary to complete the work.

Entire Agreement: 

This agreement constitutes the entire understanding between the parties regarding the subject matter. No alterations, modifications, or interpretations will be binding unless they are in writing and signed by both parties. If either party wishes to waive a provision of this agreement, it does not imply a waiver of any other provision.

Applicable law:

This Agreement is governed by the laws of New South Wales, Australia.

Licensing and usage terminology:

'2 Years' - Licence duration stated in years, starting from the final payment received.

'Perpetuity' - There is no expiry or end date on the rights to use the Work

'Non-Exclusive' - The photographer can grant the same or similar rights to multiple licensees.

'Exclusive' - This limits the ability to grant the Work on to a third party.

'Locally' - The usage of the Work is limited to one local region.

'Nationally' - The usage of the Work is limited to Australia only.

'Worldwide' - The usage of the Work can be anywhere throughout the world.

‘Online Digital' - When the Work is used in digital/web online media. (Internet, Website, Organic Social Media, Blogs, EDM’s, Intranet).

‘Online Ads' - When the Work is used in any paid online advertising media. (Google Ads, YouTube Ads, Social Media Ads).

'Print/Press' -When the Work is used in paper printed media that you can hold in your hand. (Newspapers, Magazines, Booklets, Brochures, Flyers, Mailers).

'Trade' - When the Work is used in B2B trade shows/exhibitions not open to the general public.(Pop-Up Displays, Booth displays, Banners, A-Frames, Floor Graphics).

‘Packaging' - When the Work is displayed on the packaging for a commercial or retail product.

‘Broadcast' - When the Work is displayed on any network (Traditional TV, Subscription TV, or OOT Streaming platforms).

'Point of Sale/POS' - Is any non-paid placement, digital or print indoor display for the purpose of promoting a product, service, or corporation, within a third party retail space or client location. (Banners, Signage, Counter cards, Displays, In-store posters, Table tents, Hang tags).

'Out of Home/OOH' - Is virtually any paid placement display, digital or print outside viewable to the general public from any public or private space. (Billboards, Bus & Tram wraps, Bus & Trams shelters, Outdoor displays, Rail cards).