I often perform services for charities, these T&C's are still valid, should I be providing my service for charity, consider this a contract for a value not exceeding $1 Australian Dollars. paid in cash or via provision of goods (such as a coffee!) to a minimum of this value.
Copyright
All copyright of images taken by Tom McCarthy/NPLPhotos remains with Tom McCarthy/NPLPhotos. It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Tom McCarthy/NPLPhotos.
Intellectual Property
Tom McCarthy/NPLPhotos retains a license to intellectual property. This includes but is not limited to use any images for promotional purposes, marketing and personal use. This includes the use of images on websites, print material, social media and promotional material. The client grants Tom McCarthy/NPLPhotos the unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation, and hereby releases and shall hold harmless the photographer from all claims or liability resulting from or associated with the use of the material.
Attribution
Tom McCarthy/NPLPhotos requests for all photography used on the internet, social media, print and other forms of sharing other than personal use to be credited to Tom McCarthy/NPLPhotos. Copyright logos cannot be cropped out or removed by any third party.
Alterations/Mods
Unless consent is provided, images provided by Tom McCarthy/NPLPhotos cannot be altered, cropped, distorted or affected in any other way. Tom McCarthy/NPLPhotos shall not be liable for any claims whatsoever resulting from alterations made to the material by the client. Tom McCarthy/NPLPhotos grants the client the right to make an unlimited number and format of copies of the photographs in any medium for personal use. The client shall obtain permission from Tom McCarthy/NPLPhotos prior to selling or publishing any of the material for financial gain.
Indemnity
Tom McCarthy/NPLPhotos will not be held responsible in the event of the client suffering damage or loss due to unforeseen circumstances whilst working with Tom McCarthy/NPLPhotos. The client hereby agrees to indemnify, release, discharge and hold harmless Tom McCarthy/NPLPhotos his or his heirs, legal representatives, assignees, employees or any persons or corporations acting under permission or authority of Tom McCarthy/NPLPhotos from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
Confidentiality
All information and discussions between the client and Tom McCarthy/NPLPhotos are considered confidential and will not be disclosed to any third party.
Loss or damage
Tom McCarthy/NPLPhotos undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If however, the material is lost, stolen or damaged for any reason, Tom McCarthy/NPLPhotos shall refund all monies received and there liability shall be limited to this refund. If a portion of the material is lost, stolen or damaged for any reason, the refund shall be calculated pro-rata based on the fee paid and the liability shall be limited to this partial refund.
Agreement
By placing any booking with Tom McCarthy/NPLPhotos you agree to the above terms and conditions, and the contracts shall be considered as binding as a manually signed paper original
Services
Photography services will be provided and billed on an hourly basis. These rates are agreed upon between the client and Tom McCarthy/NPLPhotos prior to an event.
Deliverables
The photos are delivered as digital files through a downloadable link unless or otherwise agreed upon between Tom McCarthy/NPLPhotos and client.