Terms and Conditions
Definitions
‘We’ and ‘us’ means Nikola Gerstner Photography, its representatives and employees.
‘You’ means the client, its representatives, agents and assigns and successors.
‘BUR’ means Base Usage Rate and and includes the agreed usage rights for the first use of the images as outlined in the Usage/Media section of our quote or Usage License.
‘Usage License’ or ‘License’ means those rights licensed to the company, corporation, business or entity named on the License.
‘Image’ or ‘images’ means the photographic images produced by digital capture or film including video or any other type of physical or electronic means.
1. Acceptance
In commissioning our services you agree to our Terms and Conditions as outlined here.
2. Copyright
We retain copyright and all moral rights in each image produced and retain ownership of all original captures and processed files supplied.
3. Usage License
You may use the images for the Media, Territory and Duration outlined in the Usage License. Additional Usage will attract additional usage fees — we are happy to quote on this if this is required. The license is not transferable and the images may not be passed on or on-sold to any third party or parties without written permission from us.
4. Exclusivity
Unless otherwise agreed upon in writing, the images are supplied on a non-exclusive basis. We retain the right to use the images for self promotion and may on-sell the images to third parties during the terms of your Usage License if it deems there is no conflict of interest with your usage requirements.
5. Cancellations & Postponements
A booking is considered firm as from the date of confirmation. If a confirmed booking is cancelled or postponed for other reasons than weather, we reserve the right to charge 50% of the Photography Pre-production fees and 100% of all direct costs incurred or due, including but not limited to, accommodation and travel expenses, props, equipment, studio and vehicle hire etc. If cancelled or postponed within 48 hours of the shoot date we reserve the right to charge 100% of the Photography & Pre-production fees and all costs incurred or due.
6. Weather days
We reserve the right to charge 75% of all photography, pre-production, assistants and crew fees on any weather postponements or delays at our discretion (e.g; the shoot is postponed due to adverse weather experienced once on the shoot, preventing us fromobtaining satisfactory shots to fulfil the client brief). 100% of all direct costs paid or due, such as accommodation and travel expenses, props, equipment, studio and vehicle hire etc will be charged.
7. Indemnity
We shall not be liable for any legal action, claim or damages resulting from or arising out of the use of, publication or distribution of the images. You agree to indemnify us against any claims and/or damages against us including any legal fees arising from the images.
8. Client Approval
You are responsible for having your authorised representative present during the shooting of the assignment to approve the photography. If no representative is present the photographer’s interpretation of the brief and resulting images shall be accepted. You shall be bound by all approvals and changes made by your representative.
9. Reshoots
If a reshoot is requested by the client 100% of all original costs and fees, including photography will be charged.
10. Payment & deposits
If we have indicated on our quote that a deposit is required for pre-production and production expenses, the deposit is to be paid in full before the shoot commences. Full payment of our invoice is required within the payment terms outlined on the invoice. Usage and reproduction rights are not granted unless our invoice has been paid.
11. Overtime
If a shoot day extends beyond eight (8) consecutive hours, overtime for photography and crew may be charged at our discretion at a rate of one and one half (1.5) times the hourly rates or fees.
12. Quotes & invoices
Tax invoices not paid on time will attract a $100 late payment fee and interest will be charged on the overdue amount plus the late payment fee (or any part thereof) at the rate of 2.5% per month compounding from the due date until paid in full.
In the event that tax invoice(s) are not paid on time, you must pay all collection costs associated with debt collection including mercantile agents costs and legal costs on the indemnity basis. Such costs will be recoverable from you as a debt due in addition to the invoices unpaid. By using our services, in the event that any dispute arises in relation to our services then you agree to submit to the exclusive jurisdiction of the Courts of Queensland and all legal proceedings must be issued and litigated in Queensland.