Terms of Service
1. Finished Images
1a. The Client will receive all images via email with a link to the images at high resolution, print quality JPEG files. There will be no watermarks on any of these images. The images will only be downloadable once and The Studio encourages the Client to save these images locally.
1b. All images will be processed, cropped and corrected for colour as best as the Studio can perform.
1c. Retouching of images at the Client’s request after receiving the images are subject to additional charges per hour.
2. Copyright
2a. Subject to the payment of the full fee, the Photographer may grant to the Client unlimited worldwide reproduction rights to the photographs. The Photographer also acknowledges that the Client owns the copyright of images commissioned for domestic use (for example, social media, website and staff profiles etc). The Photographer claims a “right of restraint” to prohibit the use of images commissioned for domestic use being used for commercial purposes without prior written agreement. Where images are commissioned for commercial use, the Client acknowledges that the copyright is owned by the Photographer and subsequent use will be as agreed.
2b. Unless otherwise agreed to specifically herein, the Studio has the right to use the digital negatives, images and reproductions for the purpose of creating samples of the Studio’s work, entry into photographic competitions, exhibitions, advertising & promotional materials, editorial or art displays and general display for the Studio.
3. Liability of the Studio
3a. The Studio is not liable in any way if in the event that this Order cannot be completed due to any act of God; strike or labour disturbance; delays in any transportation leading to the photography site; action by any local, state or federal government unit or agency; any event considered “force majeure”, or any other event or act outside the control of the Studio. Under these circumstances, 100% of fees received by the Studio will be refunded to the Client.
3b. The Studio will attempt to complete this Order with full endeavour but cannot be held accountable for differences in perception of quality of work beyond what is presented in the Studio’s portfolio.
3c. In the unlikely event that the agreed photographer/s is severely ill or injured, another photographer may be arranged to fulfil the Order or an arrangement for another date.
3d. It is agreed that the Studio is engaged to photograph the principal subjects participating in the shoot as outlined by the client, photographs outside the previously agreed subjects may incur additional fees.
4. Miscellaneous
4a. The Studio is hereby retained as the sole photographer, professional and amateur, to perform the photographic services requested herein. The Client will take all the necessary steps to ensure that this provision is enforced. The Studio will take no responsibility for lost opportunities or a reduction in quality due to the presence of any video or amateur still photographers.
4b. The Studio accepts no responsibility for accident or injury to the Client (including all persons present at the time of shoot) whilst at photographic locations or while travelling to or from photographic locations. The Client shall proceed with the Order at their own risk from injury, accidental or otherwise.
4c. This order is binding on the parties, their successors and assignees and may only be altered in writing by the parties.
5. Commercial Licence Terms
5a. We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide licence to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Lydia Leong and Soul & Shutter Photography.
6. Permitted Standard Commercial Licence Uses
6a. You may only use the images for those advertising, promotional and other specified purposes which are permitted uses:
6ai. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or licence).
6aii. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations.
6aiii. on–line or electronic publications, including web pages.
6aiv. prints, posters and other reproductions for personal use or promotional purposes specified in (6ai) above, but not for resale, licence or other distribution.
6av. any other uses approved in writing by Lydia Leong of Soul & Shutter Photography.
6b. Only you are permitted to use the images, your clients and third parties shall have no rights to use the images commercially from any file you provide.
6c. If there is any doubt that a proposed use is a Permitted Use, you should contact Lydia Leong at lydia@soulshutter.com.au for clarification.
7. Standard Licence Prohibitions
7a. use of the images in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates.
7b. use or display the images on websites or other venues designed to induce or involve the sale, licence or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items, including custom design websites.
7c. use of the images in any posters (printed on paper, canvas or any other media) or other items for resale, licence or other distribution for profit.
7d. use of any of the images as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
7e. incorporate the image in any product that results in a redistribution or re-use of the image (such as electronic greeting card websites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the image as an electronic file;
7f. use the image in a fashion that is considered by Lydia Leong / Soul & Shutter Photography (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the image into disrepute;
7g. use or display any image that features a model or person in a manner:
7gi. that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or
7gii. except where accompanied by a statement that indicates that the image is being used for illustrative purposes only and any person depicted in the image is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the image, unless the image itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the image may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the image itself.
7h. to the extent that source code is contained within the image, reverse engineer, decompile, or disassemble any part of such source code;
7i. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the image;
7j. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the image or the rights granted under this Agreement;
7k. install and post a copy of the image on a network server or web server for use by other users;
7l. use or display the image in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or
7m. use the image for editorial purposes without including the following credit adjacent to the image: © Lydia Leong @ Soul & Shutter Photography.