Photography Terms and Conditions
Please read these terms and conditions prior to commissioning DigiMall Pty Ltd for your photographic project. These terms and conditions, together with a quote, are a contract between DigiMall Pty Ltd and the client. Where there is conflict in the wording between these terms and conditions and the quote, the quote will take precedence.
Where possible all photographic jobs carried out by DigiMall Pty Ltd will be quoted prior to commencement of the photography. The quote will be based on information provided by the client. Generally, the quote and the terms and conditions may detail the following;
- Client contact details
- Photographers attendance times
- Photographic fees and charges
- Licencing and copyright details
- Specifications for image formats and file sizes
- Delivery of images/prints
- Client approval
- Location/s of photography
- Photographers assistants attendance times
- Sourcing models or talent and responsibility for payment and release forms
- Property access and property release forms
- Responsibility for expenses
- Travel, accommodation and meal expenses
- Photographic fees and charges
- Insurance coverage
- Access requirements and responsibility
Client acceptance of the quote is required by return email or mail prior to the commencement of the photography.
Licensing and copyright details
Generally, copyright of images created by DigiMall Pty Ltd will remain the property of DigiMall Pty Ltd . Images supplied to the client are licensed for the client’s use based on the client’s requirements. The licence will typically detail the period of time for the use of the images and the media the images can be used in. Occasionally there may be details regarding the territory the images can used in. In all cases, the licence will meet the clients’ requirement as discussed prior to the provision of the quote.
Upon receipt of full payment the client will be licensed to use the images as detailed in the quote. The images are licensed to the client/s detailed in the quote. Editorial usage by third parties is permitted. Usage on a commercial basis by third parties needs to be negotiated with DigiMall Pty Ltd .
Specifications for image formats and file sizes
All images are processed individually. The images are generally supplied as full size jpegs. A set of low res jpegs is included for easy viewing and web use.
Please advise if you have a requirement for images to be supplied in a different format. There is generally no additional charge for the supply of images in a different format providing that information is detailed prior to the commencement of the photography. The files can be read by both PC and MAC systems. High resolution digital images are generally supplied @300dpi in ADOBE1998 Colourspace.
Delivery of images/prints
Processed images are generally ready for delivery within 48 hours of the completion of the photography. A surcharge may apply to urgent delivery requests. Selected images can be emailed to the client for fast distribution to media etc. A surcharge may apply for this service. A client page is accessible on the website for low res proofs.
It is the responsibility of the client to ensure that an authorised representative is present during the photography for the client. If no authorised representative is present, the Photographer’s interpretation shall be accepted.
Unless agreed in advance, DigiMall Pty Ltd expects to be the sole photographer on the shoot for the client.
Sourcing models or talent and responsibility for payment and release forms
It is the responsibility of the client to ensure that all models or talent appearing in the client’s photos, sign the appropriate model or talent release, if required. DigiMall Pty Ltd can supply a release form if required. Please contact our office for further details. The client will be responsible for payment to any models or talent used in the photography.
By accepting these terms and conditions and the relevant quote, the client agrees that DigiMall Pty Ltd shall not be liable for any legal action or damages arising from the use the images provided to the client.
Cancellations and Postponements
DigiMall Pty Ltd accepts that from time to time there is a need to cancel or postpone photographic shoots. The following cancellation and postponement fees may apply;
Cancellation with more than 48 hours notice – all expenses incurred up to that time and 50% of photographic fees.
Cancellation with less than 48 hours notice – all expenses incurred up to that time and 100% of photographic fees.
Postponement due to weather with 24 to 48 hours notice – all expenses incurred up to that time. If the photographer has left for the location 25% of photographic fees will be charged.
Postponement due to weather with less than 24 hours notice – all expenses incurred up to that time plus 25% of photographic fees. If the photographer has left for the location 50% of photographic fees will be charged
If the cancellation is due to the lack of co-operation from the clients or subjects, all photographic fees and expenses will be charged to the client.
Day and Half Day Rates
A half day of photography is up to 4 hours attendance by the photographer. A full day of photography is up to 8 hours attendance by the photographer. If the project is extended from details in the original quote, then additional charges may apply.
Payment Terms and Methods
All new clients – COD
Established clients – 7 days from invoice date
Overseas clients – Full payment prior to delivery of images
Deposits – A 50% deposit is required on projects over $5000.00
Payment methods – Payment can be made by cash, cheque, direct credit, credit card and bank transfer.
DigiMall Pty Ltd presently holds a public liability insurance policy for $20,000,000. If this amount is insufficient for your project, a temporary increase can be arranged at an additional charge.