terms

FULL TERMS AND CONDITIONS

ENGAGEMENT

The Client engages the Photographer to provide the Photographic Works, and the Photographer accepts that engagement, on the following terms and conditions.

INTELLECTUAL PROPERTY

All Intellectual Property Rights in the Photographic Works and/or created incidentally, (with the exception of any pre-existing Intellectual Property Rights in materials supplied by the Client) are the property of the Photographer. The Photographer does not accept commissions to create copyright works other than to develop and create Photographic Works then licence (or sell selected components of) the Photographic Works for delivery to the Client. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that Act.

Upon completion of the Photographic Works and full payment of all Fees, disbursements and expenses, the Photographer grants to the Client a non-exclusive licence to use the Photographic Works on the terms and conditions of this Agreement.

The Client shall receive full copies of the completed Photographic Works once full payment of the Fee has been received, and the Client’s rights to the Photographic Works as provided for in this Agreement commence at the date of full payment of the Fee (except where the Photographer otherwise gives express written permission).

PERMITTED USES

• The Licence includes the right (if any) to reproduce and publish the Photographic Works for the purposes, territories and time periods specified in the Booking/Order, subject to these terms and conditions. The Client shall have the right to seek further Licences for use or reuse of any Photographic Works, which shall not be unreasonably refused by the Photographer but is subject to agreement of a reasonable fee for that Licence.

• Unless otherwise specified in the Booking/Order, the Photographic Works shall only be used by the Client. The Client must not supply the Photographic Works (or otherwise make them available) to any third party for use. For example, if Photographic Works are created for a real estate agent Client, then that Client must not make the images available for use by any other person or entity (including the property owner).

• If the Photographic Works have been produced for an Advertiser named in the Booking/Order, the Photographic Works may only be used by the Advertiser. The Client must ensure that the Advertiser complies with the Client’s obligations and all other terms and conditions of the Agreement.

ATTRIBUTION RIGHTS

The Client must ( if requested to do so) credit the Photographer when publishing or disclosing the Photographic Works, in any media or publication. Each use of any Photographic Work by the Client, including where the Client publishes or otherwise uses the Photographic Works on social media, must be accompanied by an adjacent credit line acknowledging the Photographer's name and copyright in the Photographic Works in the following form:

PROPERTY AND MODEL RELEASES

• It is the responsibility of the Client to obtain all model releases, moral right waivers, privacy waivers and property releases necessary for the creation and use of the Photographic Works.

The Client shall, on a request by the Photographer, provide copies of the model releases, property releases and waivers to the Photographer

STANDARD TERMS AND CONDITIONS APPLY

Unless otherwise agreed between the parties, the Photographic Works are provided on the terms and conditions set out in the Standard Photographic Terms and Conditions of Engagement (2019) (“Standard Terms and Conditions”) published by the New Zealand Institute of Professional Photography Inc (“NZIPP”) and the Advertising & Illustrative Photographers Association Inc (“AIPA”), a copy of which is available on request.

AGREEMENT

• The Booking/Order details, together with these terms and conditions and the Standard Terms and Conditions, constitute the entire agreement (“Agreement”) between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, on the subject matter of this contract.

• In the event of any conflict or inconsistency between these terms and conditions, the Standard Terms and Conditions and the Booking/Order, the documents shall be interpreted in the following order of precedence:

• Booking/Order;

• These terms and conditions; and

• The Standard Terms and Conditions

MEANING OF CAPITALISED WORDS

In these terms and conditions, capitalised words have the same meanings as defined in the Standard Terms and Conditions, unless separately defined in these terms and conditions.