Burke Photography Standard Terms & Conditions

These are the Standard Terms and Conditions, which form the contract between Burke Photography  and all clients. The following terms and conditions apply to all photography (meaning all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material including digital files) video and design development – also referred to herein as “the works” – created by Burke Photography.

Burke Photography reserves the right to change any rates and Terms without notice. As such the Terms will be current at time of reading only. The Client should obtain and read the current Terms, which are published at www.burkephotography.com.au/terms

Copyright

1. The entire copyright for all works created is retained by Burke Photography at all times throughout the world.
2. Ownership of all materials title to the photographs remain the property of Burke Photography. RAW files are never handed over, and do not form part of any package or quote.

Use and Licence

3. The Licence to Use comes into effect from the date of payment of the relevant invoice(s).
4. No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
5. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing through a photo-library.
6. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use.
7. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

Definitions of Reproduction Rights

8. The following terms are used when describing the reproduction rights granted by Burke Photography and the Photographer to the Client:
   • Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
   • PR and Press distribution: The right to use the pictures as described in Internal Use; plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
   • Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
   • Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
   • Personal: Non-commercial use of pictures supplied for display in private homes.

Payment

9. All project estimates are provided in Australian Dollars, unless specified.
10. Burke Photography, as of July 2019, not registered for GST.
11. A deposit fee will be invoiced and due immediately upon approval of the estimate and proposed timelines, to ensure that schedules can be finalised for this work.
12. The remaining fee shall become due when the work is completed as per the stages set out in the quote. Payment terms for remaining invoices are strictly 14 days.
13. If payment has not been received by the due date, Burke Photography has the right to suspend ongoing work for client, until such time that full payment of the outstanding balance has been received.
14. If full payment has still not been received 14 days after the due date, Burke Photography has the right to revoke the client’s license of the work until full payment has been received.
15. By revoking the client’s licence of the work or removing works from the internet, Burke Photography does not remove the client’s obligation to pay any outstanding monies owing.

Bookings and Cancelations

16. A booking is considered firm as from the date of confirmation.
17. Burke Photography will not accept any other work from other clients for those times and dates from confirmation.
18. A deposit at Burke Photography discretion may be taken from the client to hold times and dates.
19. If work is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:
    1. When a client cancels a confirmed booking within 10 business days of any confirmed date a fee of 25% of the booked time rate will be charged; if no deposit had been received
    2. When a client cancels photography within less than 10 business days of any confirmed date, a fee of 50% of the booked time rate will be charged;
    3. When a client cancels photography within less than 3 business days of any confirmed date, a fee of 75% of the booked time rate will be charged;
    4. When a client cancels photography within less than 24 hours of any confirmed date, a fee of 100% of the booked time rate will be charged;
    5. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Burke Photography.
20. If Burke Photography – with the agreement of the client – cancels a shoot due to inclement weather/lighting conditions or any other reason beyond Burke Photography control and the client is unable or unwilling to arrange or agree a suitable new date within either a reasonable and mutually agreed timescale OR 1 calendar month, then the client will be liable to pay 50% of the booked time rate plus any expenses already incurred by Burke Photography.
21. If a client reschedule a booking to a date within 1 calendar month, Burke Photography will honour original quote with no additional fees, provided availability of new date. No reschedule within 1 calendar month will result in the originally booking being classified as a cancelation and client will be subject to the fees set out in point 19.

Moral Rights 

22. Daniel Burke trading as Burke Photography asserts the right to be credited as the author of the works in accordance with Copyright Act 1968 (Cth) Part IX.
23. Any unauthorised reproduction of any Photos will constitute a breach of copyright.

Promotional Use

24. The Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work.
25. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

Expenses and Travel

26. Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
27. If work is taken outside 20km of Melbourne, Victoria, Australia CBD the client agrees to cover or provide mutually agreed appropriate transport and accommodation.

Liability and Indemnity

28. Upon receipt of Photographs, the Agency accepts all responsibility for archiving and protecting the photographs.
29. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the Agency to make sure that digital files are copied to new media as required.
30. The Photographer shall only be responsible for obtaining clearances for third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed before the shoot.
31. All other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
32. Burke Photography does not archive image files for longer than 5 years.
33. If Burke Photography is able to fill any requests to restore images arising after access is provided, it will be procced under a priority recovery rate of $75 per image or $800 per folder. If for any reason Burke Photography is unable to recover image files no fee will be charged and no refunds will be provided.

Finer Details

34. Burke Photography will edit every take and deliver what it considers to be the best of every situation covered;
35. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
36. The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. The coverage shall commence at the scheduled start time.
37. If the Client does not arrive at the appointed time for the session specified in this agreement, the Photographer will have no further obligation to make up the time missed.
38. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc.
39. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
40. Burke Photography is not responsible for key individuals’ failure to be present or to cooperate during the photographic sessions or for missed images due to details not revealed to Burke Photography

Confidentiality

41. Burke Photography acknowledges that all information and materials provided to us by the client under, and in connection with, the works are supplied solely for that purpose and Burke Photography specifically acknowledges that the information provided is communicated or made available on terms of strict confidentiality.
42. Burke Photography acknowledges and that the client may suffer damage as a result of the disclosure, communication, or use of that information or any part of it to or by any unauthorised person.
43. Confidential information will be used by us only:
    1. for the primary purpose for which it was obtained
    2. for a secondary purpose that is directly related to the primary purpose with your consent;
    3. or where required or authorised by law in accordance with Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act).

44. Should your company require Burke Photography to sign a confidentiality agreement relating to your company’s business interests and projects, we would be happy to do so.