The Legals

Image licensing and usage terms

1.1 This license is individual, non-transferable and non-exclusive. It gives you the right to use the photographs on any type of medium, for any sort of utilisation, such as for example the illustration of press articles, advertising, on-line use, as well as the right to carry out any form of reproduction, printed or digital, needed in what you intend to do with the photographs.

This licence is granted to you with a time limit based on the life of the property listing with the current contracting client (real estate agent) or unless you should fail to respect one of its clauses. This license allows you to crop the photographs, to take elements out of them, to use them partially, to touch them up or add elements to them.

1.2 The following uses are not authorised in compliance with the licence granted to you here.

Before any use in one of the following cases, it is mandatory to contact Craig Holowell Photography (ABN 87 835 304 643) in order to pay an additional license: For any use of the photographs in a third party product or if they are to be commercialised, of which they represent the main value, such as, reports, postcards and posters.

For any billing activity through a commercial network, reproducing the whole or part of a photograph.

1.3 It is forbidden to resell, give a sub-license, give, lend, sub-let, distribute the whole or part of an image, whatever its size and resolution unless you are acting on behalf of a client as advertising agency or similar.

It is forbidden to use the photographs in a context which might be political, slanderous, immoral, offensive or degrading

1.4 Craig Holowell Photography (ABN 87 835 304 643) certifies that it is entitled to all the commercial rights pertaining to the photographs.

1.5 All rights pertaining to the photographs are owned by Craig Holowell Photography (ABN 87 835 304 643). The granting of this license does not imply a transfer of ownership. The photographs are protected by the laws on royalty and copyright.

You are therefore under the obligation to use the photographs like any other protected product. Any representation or reproduction, complete or partial, carried out without the consent of Craig Holowell Photography may be considered a breach of contract.

1.6 All images provide by Craig Holowell Photography (ABN 87 835 304 643) to the listing agent are 100% owned by Craig Holowell Photography (ABN 87 835 304 643) unless otherwise stated.

All images provided by Craig Holowell Photography (ABN 87 835 304 643) may have been captured using Craig Holowell Photography (ABN 87 835 304 643) staff, contractors or third parties.

In the event that Craig Holowell Photography (ABN 87 835 304 643) uses a third parties’ supplier will ensure that we have the contractual right to license the images.

1.7 Craig Holowell Photography (ABN 87 835 304 643) may resell image the rights to third parties, other real estate agents or advertising agencies. The resale of image rights may only completed once the current advertising campaign has ceased.

SECTION 2 Disclosure to vendors, tenants, investor or any associated person(s)

2.1 In accordance with the terms of this agreement you must disclose to the client, vendor, tenant, investor or any associated person(s) involved with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all image captured or produced remain the property of Craig Holowell Photography and may only be used for the life of the listing.

This disclosure is normally indicated on the vendors advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.

2.2 The vendor, tenant, investor or any associated person(s) may obtain copies of the images for personal use only and must not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided will include a watermark or security tag.

2.3 All photography bookings are a direct contract between Craig Holowell Photography (ABN 87 835 304 643) and the company booking the job such as the advertising agency or listing agent.

The vendor, tenant, investor or any associated person(s) have no involvement in the contract between Craig Holowell Photography (ABN 87 835 304 643) and the listing agent and have no rights over any images unless specifically requested.


Termination and licensing agreements

3.1 The license contained in this Agreement may terminate automatically without notice from Craig Holowell Photography (ABN 87 835 304 643) if You fail to comply with any provision of this agreement or fail to pay any accounts or monies owed.

Upon termination, you must immediately:

(i) stop using the Digital Photos; and (ii) Delete any Digital Photos and all copies of all of them from all digital media and destroy all other copies or, upon request of Craig Holowell Photography (ABN 87 835 304 643).


Resale and re-license of images and IP Section 4- Resale

4.1 Images may be resold to vendors or interested parties, resale of images can only be done where the original contracting client has given permission for the images to be re-distributed.

4.2 All image resale will incur an admin and re-license fee – (See fees)


Governing Laws

5.1 This Agreement will be governed in all respects by the laws of Australia. The Courts of the Australia shall have the non-exclusive jurisdiction to hear any disputes under this Agreement. Notwithstanding the foregoing, Craig Holowell Photography (ABN 87 835 304 643) shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Craig Holowell Photography (ABN 87 835 304 643), such action is necessary or desirable.


Fees and charges

All images are services are initially licensed at a subsided single usage rate as set out in Craig Holowell Photography current pricing.

Some images can be resold at Craig Holowell Photography discretion. Image re-license fee per image – Price range $250 – $550.00 inc GST, depending on image and subject to approval, full images sets can only be re-licensed as a full set with approval and the price is decided by Craig Holowell Photography.

Image infringement, copyright and ownership transfer Price range based on image, circulation and usage $500 – $2,000 per image


Unauthorised Image Usage

Craig Holowell Photography hold the master copyright to all images, floor plans, renders and graphics produced by Craig Holowell Photography, Craig Holowell Photography Staff and Craig Holowell Photography Contractors.

All images are provided to clients under license only. Anyone individual, company, corporation or entity using Craig Holowell Photography images without proper written authorisation may be liable to costs associated with copyright, damages, loss of business, defamation of brand.

In addition images found being used in an unauthorised capacity will be subject to full copyright fees as set out in Section 7 of Craig Holowell Photography terms and conditions. Any unauthorised usage maybe perused via legal representation of whom Craig Holowell Photography appoint as their legal representative and in accordance with the Australian Copyright Act of 2006 and including any other related state and federal laws.


Booking and Cancellation Fees

8.1 – Cancellation of bookings must be made via 24 hours prior to the actual job date/time for real estate agents, for builders and one off projects 3 days’ notice for cancellation is required.

Cancellations must be made in writing via email to  Cancellations will in incur the following fees : Real Estate Shoots 50% of job value if cancelled 24 hours prior 80% of job value if we arrive on site and the home cannot be photographed Commercial Shoots 50% of job value if cancelled 24 hours prior 50% of job value if cancelled 7 days prior for overnight and travel based bookings 100% of job value of job if full day job and project cannot proceed on day


Accounts & Terms

9.1 – Account terms New accounts without application – COD New accounts with application – 7 day terms Established accounts with directors guarantee – 14 days from EOM (30 days by negotiation)

9.2 – Overdue Accounts All overdue accounts will be issued with a $55 late fee, following month late fees are charged at 10% of outstanding balance every 30 days. Accounts issued for outsourced collection will incur further collection fees.

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