DEFINITIONS: For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the COCORISNGUYENPHOTOGRAPHY’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the COCORISNGUYENPHOTOGRAPHY’s client. “Pictures” means all photographic material furnished by the COCORISNGUYENPHOTOGRAPHY, whether transparencies, negatives, prints or any other type of physical or electronic material.
COPYRIGHT: The entire copyright in the Pictures is retained by the COCORISNGUYENPHOTOGRAPHY all throughout the world.
OWNERSHIP OF MATERIALS: Title to all Pictures remains the property of the COCORISNGUYENPHOTOGRAPHY. When the License to Use the material has expired the Pictures must be returned to the COCORISNGUYENPHOTOGRAPHY in good condition within the specified period of days.
CLIENT CONFIDENTIALITY: The COCORISNGUYENPHOTOGRAPHY will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the COCORISNGUYENPHOTOGRAPHY to carry out his/her obligations in relation to the commission.
INDEMNITY: The COCORISNGUYENPHOTOGRAPHY agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the COCORISNGUYENPHOTOGRAPHY to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The COCORISNGUYENPHOTOGRAPHY shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the COCORISNGUYENPHOTOGRAPHY against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
REJECTION: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
ELECTRONIC STORAGE: Save for the purposes of reproduction for the licensed use(s), the Pictures may not be stored in any form of electronic medium without the written permission of the COCORISNGUYENPHOTOGRAPHY. Manipulation of the image or use of only a portion of the image may only take place with the permission of the COCORISNGUYENPHOTOGRAPHY.
APPLICABLE LAW: This agreement shall be governed by the laws of Australia
VARIATION: These Terms and Conditions shall not be varied except by agreement in writing.