A. Terms and Conditions of using this site All images on this site are protected under international copyright laws.
The purpose of this website is to show examples of my work, the images are not intended to be downloaded or used in any way. no image displayed on this website is in the public domain. The copyright may be owned by John Ndaira and Fever Shot Photography, the clients that the images were created for, the subject of the photograph, or a combination of all of these. Any downloading or copying of images for any purpose whatsoever is a breach of copyright and strictly prohibited.
Using these pictures without permission is exactly the same as breaking into my studio and stealing something off the shelf. Any unauthorised usage will be pursued vigorously. If you want to use any of the images on this site they may be available for licencing but this must be negotiated prior to any use, including any 'rough layouts' or 'mock up page' or to show another photographer as an example of a shooting style.
I'd encourage you to contact me directly if you have any requests for image use. thanks for visiting.
B. Standard Terms and conditions for assignment photography
1.
Definitions
For the purpose of this agreement "the client " shall where the context
so admits include their respective assignees, sublicencees and
successors in title. "photographs" means all photographic material
furnished by John Ndaira and Fever Shot Photography whether
transparencies, negatives, prints or any other type of physical or
electronic material.
2.
Copyright
The copyright in the photographs is owned by and retained by John
Ndaira and Fever Shot Photography at all times throughout the world.
The Client agrees that John Ndaira and Fever Shot Photography is the
sole author of the photographs.
3.
Licence to use
The Licence shall be for the territory time and use as agreed and shall
come into effect from the date of payment of the relevant invoice(s).
No use may be made of the photographs before payment in full of the
relevant invoice(s) without John Ndaira and Fever Shot Photography's
express permission in writing. The Licence only applies for the use as
agreed and does not include any form of electronic or other storage.
The Licence cannot be transferred without John Ndaira and Fever Shot
Photography's express permission in writing.
4.
Photographers promotional use
Where an exclusive licence is granted, John Ndaira and Fever Shot
Photography will at all times retain the right to use the photographs
in any manner and in any part of the world for the purpose of
advertising and promoting his work.
5.
Ownership of materials
Title to all Photographs remains the property of John Ndaira and Fever
Shot Photography. When the Licence has expired the photographs will be
returned to John Ndaira and Fever Shot Photography.
6. No Alteration No alteration or manipulation of the image may be made with out the permission of John Ndaira and Fever Shot Photography.
7. Clients materials The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.
8. Payment: Due to previous bad experiences with payments the following will apply without proof of ill health, travel or other serious recordable matter.
Payment by the client will be required for the right to use the photographs as provided within 7 days of the issue of the relevant invoice.
Late payment fees of 10% of total invoice will become applicable for any unpaid money for each and every 35day cycle after invoice issue.
A new invoice will be issued reflecting accrued late fees every 35 days.A courtesy reminder may be given 7 days before late fees will be charged.
Where the work is estimated to exceed $1000.00 inc materials, a payment of 30% of the estimated total will be paid before the work commences.
9.
Indemnity
John Ndaira and Fever Shot Photography shall not be liable for any
legal action, claim or damages resulting from or arising out of the
publication of the photographs or other use by the client. The client
shall indemnify John Ndaira and Fever Shot Photography against any
claims and/or damages against him as a result of the clients use of the
photographs.
10.
Client Approval
If the client is not present during the actual photography sessions
then John Ndaira and Fever Shot Photography's interpretation of
the assignment will be accepted. Unless a rejection fee is agreed in
advance then there is no right of rejection.
11.
Cancellation and postponements
Once John Ndaira and Fever Shot Photography has been commissioned, The
Client is responsible for payment of all expenses incurred up to the
time of cancellation and John Ndaira and Fever Shot Photography will be
entitled to charge a fee for cancellation or postponement at his
discretion.
12.
Right to a credit
John Ndaira and Fever Shot Photography's name will be printed in
reasonable proximity to all published reproductions of the photographs
unless agreed otherwise prior to the work commencing.
13.
Archiving
The
photographs are an original work and John Ndaira and Fever Shot
Photography will not archive copies of the photographs unless
specifically requested in writing prior to the work commencing. Each
photograph is unique and does not have an exact duplicate and may be
impossible to replace or recreate although a backup is kept for an
unspecified amount of time after assignment and can be resupplied with
a small cost.
14.
Client Confidentiality
John Ndaira and Fever Shot Photography will keep confidential and will
not disclose to any third parties or make use of material or
information communicated to him in confidence for the purposes of the
photography save as may be reasonably necessary to enable him to carry
out the work.
15. Variation
These terms shall not be varied except by agreement in
writing.
16. Applicable Law
This agreement is governed by the Laws of New South Wales