Date: 1.Parties Client: Photographer: Rebecca Griffiths, ABN: 57180898952 2. Services The photographer will provide the following services: On: Location: Description of photographs/ quantity: 3.Fee The client will pay the photographer the following fee: Fee: Non refundable deposit: The client will pay the fee as follows: Balance: 4.Expenses The client will pay the photographer the following expenses incurred by the photographer: N/A 5.Licence The Photographer grants the Client an exclusive license to use the Photographs as described in Item 6 in the Territory described in Item 7. 6.Uses The client is permitted to use the photographs for the specific use in the following manner/s: Personal use only 7. Territory: Australia wide 8.Credit If the client shares the images to social media credit is to be given to Rebecca Griffiths Photography. The photographer and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto. 1. DEFINITIONS Client means the client specified in item 1 of the client contract. Expenses means the expenses incurred by the Photographer and to be paid by the Client as specified in item 4 of the client contract. Fee means the total Fee to hire the Photographer’s services as specified in item 3 of the client contract. Any other costs such as printing costs, prints or digital prints will also be specified in item 3 of the client contract and are to be paid by the Client. GST has the meaning defined in the A new Tax System (Goods and Services) Act 1999 (Cth) License means the license granted by the Photographer to the Client for Uses of the Photographs as specified in item 6 of the client contract. Photographs means the finished photographs taken by the Photographer and as chosen by the Client and detailed in item 2 of the client contract. Photographer includes any employees, assistants or any other parties engaged by the Photographer specified in Item 1 of the client contract to provide the services. Services means the Photographer services agreement (client contract) attached to this Agreement and forms part of the Agreement. Term means the period set out in the client contract where applicable. Territory means the Territory set out in the client contract where applicable. Uses means the permitted uses granted by the photographer to the Client for use of the Photographs as set out in item 6 of the client contract. Credit means credit is to be given and acknowledged where specified as set out in item 8 of the client contract. 2.ENGAGEMENT AND SERVICES 2.1 The Agreement is between the photographer and the Client. The Client wishes to engage the Photographer and the Photographer accepts the engagement to herby: (a) provide the services to the client (b) produce the Photographs; and (c) upon full payment of the Fee and Expenses, the Photographer will grant the Client the Licence on the terms set out in the Agreement. 3.PAYMENT AND FEES 3.1 The Client agrees to pay the Fee and Expense (plus GST, if applicable) to the Photographer. 3.2 All amounts payable under this Agreement are exclusive of GST. If any amount payable under this Agreement is the consideration for a taxable supply under GST Law, then GST, calculated in accordance with the GST legislation, must be paid in addition to the amount specified in this Agreement at the same time and in the same manner as the Fee and Expenses. All stamp duties and governmental charges, if any, arising out of or incidental to this Agreement are the responsibility of and must be paid by the Client. 4. RIGHTS GRANTED 4.1 In consideration of the full payment of the Fee and Expenses by the Client, the Photographer grants the Client the License to use the agreed Photographs for the Use(s) during the Term throughout the Territory. The License granted is not effective until both Parties have signed this Agreement and the Client has paid the Fees and Expenses in full. 4.2. The Photographer asserts all moral rights attached to the Photographs, unless expressly provided for in Item 9 of the client contract, and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of the Photographer. 4.3 Notwithstanding the License granted under this Agreement, the Photographer reserves the right to use the Photographs during the Term in the Territory for the purposes of promoting and marketing the Photographer, including but not limited to displaying the Photographs in the Photographers portfolio, on the Photographers website and in galleries or in Photography competitions. The Photographer expressly reserves all other rights subsisting in the Photographs not specifically in this Agreement. 4.4. In the event that the Client wishes to extend the Use, Territory or the Term of this agreement, the Parties will negotiate further use fee in good faith at the time. 5. INTELLECTUAL PROPERTY 5.1 The Photographer is the owner of the intellectual property created by the Photographer in the course of the Services, including but not limited to the Photographs, digital or electronic material, transparencies, negatives and prints relating to the Photographs. 5.2. The Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) from which the Photographs are derived. No interest in the negatives (and/or digital equivalent) is assigned or licensed to the Client by the Agreement, unless expressly specified in the Client Contract. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs. 6. PHOTOGRAPHERS INTERPRETATION 6.1 The Parties agree and acknowledge that the details of services, Photographs and/or works the subject of the Agreement have been discussed by the Parties and are described in full in item 2 of the Client Contract and/ or any other applicable attached brief. It is further acknowledged that in the event that the Client or the Clients representative is not present on the Photography Date(s) at the Location, then the Photographers interpretation of the Services shall prevail. 7. WARRANTY AND INDEMNITY 7.1 The Client warrants to the Photographer that: (a) it has the capacity and authority to enter into this Agreement; (b) it has obtained the necessary clearance’s in relation to the subject matter to be photographed; and (c) it will only use the Photographs in accordance with the License granted under this Agreement. 7.2 The Client agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the Client of the above warranties. . CANCELLATION BY CLIENT 8.1 If the Client cancels the Agreement within 5 days of the shoot date, the Photographer reserves the right to charge the full Fee and expenses if the Client does not reschedule the shoot. In the event of sickness preventing the Client from going through with the shoot on the scheduled date, the Photographer agrees to offer to reschedule the shoot to a date that suits both the Client and the Photographer. In the case of cancellation by the Client for any reason the 50% deposit is not refundable under any circumstance. 9. TERMINATION 9.1 This Agreement may be terminated if: (a) The Client fails to pay any part of the Fee or Expenses; (b)The Client is declared bankrupt, enters into administration or liquidation; or (c) The Client is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from the Photographer of such breach. 9.2 Immediately upon termination: (a) All rights in the Photograph/s and/or work(s) revert to the Photographer; (b)The Client must return all physical property (including but not limited to the Photograph/s and any equipment) and (c) All Fees and Expenses owed to the Photographer under this Agreement must be paid in full. 10. LIABILTY 10.1The Client is aware that the quality of the end result print of the digital files delivered is not under the control of the Photographer and frees the Photographer from any liability for any claims whatsoever based upon discolouration in the end result print. Although the Photographer strives to source the best possible quality printers for prints purchased through the Photographer of the Photographs, the Photographer is not responsible for the quality of services provided by printers. 10.2 If the Photographer cannot fulfil this contract due to fire or other casualty, strike, sickness, emergency, act of God or any other reason beyond the Control of the Photographer, the Photographer agrees to return the deposit but shall have no further liability with respect to the Contract. 10.3. The Photographer is not responsible for any damage or loss to digital files incurred out of the Photographers control. This includes damage or loss of prints in the mail. 11. ACCIDENT WAIVER AND RELEASE OF PERSONAL LIABILITY 11.1 The Client releases the Photographer of any responsibility regarding the personal injury that may be obtained during the photo shoot. This also includes any other persons who are named as participants in the photo shoot including minors (anyone under the age of 18) The Client waives, releases and discharges the Photographer from any liability in relation to any personal injury, property damage, property theft or any actions of any kind which may occur to the Client or anyone in the care of the Client during the duration of the Photo Shoot, including travelling to and from the location. 11.2 The Client assumes all responsibility for any Pet being photographed by the Photographer during the photo shoot and will not hold Rebecca Griffiths Photography responsible for any injury or illness obtained by the Pet during the photo shoot. In the event that the Clients Pet causes damage to the Photographers equipment or injury to the Photographer, the Client agrees to pay any costs incurred.