Phil Crean Photography
Terms and Conditions
In the following conditions of contract “the photographer” shall mean Phil Crean or, subject to condition 7b) below, any photographer(s) appointed by Phil Crean. “The clients” shall be those whose names appear on the contract. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by the photographer in writing.
a) The entire copyright in the pictures is retained by Phil Crean at all times throughout the world. It is therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer or their appointed agents, unless a licence has been granted.
b) Reproduction rights (where applicable) are strictly limited to the use and period of time agreed with the photographer. An agreement must be reached with the photographer before the pictures are used for a different purpose or after the licence to use has expired.
c) Reproduction rights are not issued exclusively to the clients except when specified
d) Reproduction rights granted are personal to the clients and may not be assigned, nor may any picture submitted to the clients be loaned or transferred to third parties save for the purpose of the exercise by the clients of such reproduction rights.
e) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
f) It is the client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Phil Crean gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. The Client shall indemnify Phil Crean against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
2. The following terms are used when describing the reproduction rights granted by Phil Crean to the clients:
a) 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.
b) PR and Press distribution: The right to use the pictures as described in 4(a); 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.
c) Specified Use Only: The right to use the pictures once only for the purpose as described.
d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
e) Wedding clients: Photographs supplied as high res jpeg files or prints/albums are for the personal use of the clients, family and friends. No commercial use whatsoever may be made without specific agreement in writing from the photographer.
The clients hereby allow the photographer to display any images covered by this contract and to generally promote the photographers’ business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the clients. Images placed in private galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries.
4. Licence and Coverage:
a) The photographer shall be granted artistic licence in relation to the poses photographed and the locations used and also with any editing and post processing, including converting images to monochrome and/or applying colour effects/tones etc to the images. Although every effort will be made to comply with the clients’ requirements, the photographers’ judgment regarding the location, poses, number of photographs taken, and aesthetic judgment with regard to editing and post processing shall be deemed correct.
b) Where appropriate the clients will grant access to all locations deemed necessary for the correct interpretation of the brief. For bookings involving a church ceremony or at certain other venues, photographers’ movements are sometimes restricted by the minister or officials in charge: in these circumstances photographing of parts or even all of the event may be restricted or prohibited, as may the use of artificial lighting. The photographer cannot accept responsibility for limited coverage in such cases.
c) Whilst the photographer shall endeavor to fulfill all the clients’ requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings and/or preventing the coverage of certain specified shots.
d) Any alterations made to the booking by the clients once details have been confirmed may only be made at the discretion of the photographer. If unable to accommodate alternative arrangements (such as the change of event date or venue) the photographer is not liable to compensate the clients in any way whatsoever.
5. Image Reproduction:
a) Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographer will endeavor to achieve a pleasing overall colour balance.
b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
c) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
d) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer.
6. Payment and Prices:
a) A booking fee of 50% of the agreed total fee is required to secure the photographers’ services for the day, specifically for weddings and some events. No other booking will be accepted by the photographer for the same date once a booking fee has been paid.
b) The balance of 50% becomes due on the day of the event.
c) Digital files will be archived after two years; a search fee may then be charged for retrieval of the images.
d) All reorders shall be treated as an extension of this contract.
e) Return journeys in excess of 50 Kilometres may attract a charge of 45¢ per kilometre. Overnight accommodation may be required for locations over 100 kilometres away.
a) In the highly unlikely event of cancellation by the photographer, or unavoidable total photographic failure, the photographers’ liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but the photographer will not be responsible for any further costs. Neither party shall be liable for indirect or consequential loss
b) The photographer will endeavor to appoint a replacement photographer in the unlikely event that he is unable to attend a booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
c) The clients are entitled to a full refund of the booking fee if they withdraw more than one month ahead of the event.
d) The booking fee will be forfeited on cancellations made within one month of the event.