Please contact Bethany first (to see if she is available ), before filling out this agreement + booking form.
Real Estate AGREEMENT + BOOKING FORM
BOOKING BETHANY CLARE PHOTOGRAPHY
Please read below Terms and Condition and fill in form below.
The Photographer and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a apart of the Agreement between the parties hereto.
SUMMARY
1. PARTIES- Photographer- Bethany Clare Photography
Client- Name Submitting in Section 1 in Agreement form.
2. SERVICES- The Photographer will provide the following services: Real Estate Photography
Photography Date: Ongoing Location: Albury/Wodonga Area
Description of Photographs: External and internal shots of real estate properties
3. FEE- The Client will pay the Photographer the following Fee: Total Fee: Fees and Conditions - Click here .
Cancellation fee: If client cancels the service within 24 hours of booking date a fee of $100 will be issued. (exceptions may be made for weather conditions)
4. EXPENSES- The Client will be responsible for payment of the following expenses incurred by the Photographer:Travel outside of Albury/Wodonga, 70 cent per kilometre from Studio location. Multiple visits fee $150 if required to attend the property more than once.
5. LICENCE -The Photographer grants the client a non-exclusive license to use the Photographs as described in Item 6 for the Term described in Item 7. Images must be relicensed by the client if they wish to be reused for any purpose i.e rental advertising or switching agency's,
6. USES- The Client is permitted to use the Photographs for the specific use in the following manner(s):
Advertising and marketing purposes for the sale of the property photographed
7. TERM- For the duration of the Sales listing.
8. TERRITORY- Australia
Client- Name Submitting in Section 1 in Agreement form.
2. SERVICES- The Photographer will provide the following services: Real Estate Photography
Photography Date: Ongoing Location: Albury/Wodonga Area
Description of Photographs: External and internal shots of real estate properties
3. FEE- The Client will pay the Photographer the following Fee: Total Fee: Fees and Conditions - Click here .
Cancellation fee: If client cancels the service within 24 hours of booking date a fee of $100 will be issued. (exceptions may be made for weather conditions)
4. EXPENSES- The Client will be responsible for payment of the following expenses incurred by the Photographer:Travel outside of Albury/Wodonga, 70 cent per kilometre from Studio location. Multiple visits fee $150 if required to attend the property more than once.
5. LICENCE -The Photographer grants the client a non-exclusive license to use the Photographs as described in Item 6 for the Term described in Item 7. Images must be relicensed by the client if they wish to be reused for any purpose i.e rental advertising or switching agency's,
6. USES- The Client is permitted to use the Photographs for the specific use in the following manner(s):
Advertising and marketing purposes for the sale of the property photographed
7. TERM- For the duration of the Sales listing.
8. TERRITORY- Australia
- ADDITIONAL INFORMATION
1. DEFINITIONS
Client means the Client specified in the Item 1 of the Summary.
Expenses means the expenses incurred by the Photographer and to be paid by the Client and set out in Item 4 of the Summary.
Fee means the total fee as specified in Item 3 of the Summary.
GST has the meaning defined in the A New Tax System (Goods and Services) Act 199 (Cth).
License means the license granted by the Photographer to the Client for Uses of the Photographs as specified in Item 5 of the Summary.
Photographs means the finished photographs taken by the Photographer and as chosen by the Client and detailed in item 2 of the Summary.
Photographer includes any employees, assistants, or any other parties engaged by the Photographer specified in Item 1 of the Summary to provide the Services.
Services means the services provided by the Photographer and set out in the Item 2 of the Summary.
Summary means the Photographer Services Agreement Summary attached to this Agreement which forms part of this Agreement.
Term means the period set out in Item 7 of the Summary.
Territory means the territory set out in Item 8 of the Summary.
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 Summary.
3.2 All amounts payable under this Agreement are exclusive of GST. If any amount payable under the 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 government 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 Summary, 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 specially granted 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 a 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 equlvalent) from which the Photographs are derived. No interest in the negatives (or digital equlvalent) is assigned or licensed to the Client by this Agreement, unless expressly specified in the Summary. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.
6. PHOTOGRAPHER’S INTERPRETATION
6.1 The Parties agree and acknowledge that the details of the Services, Photographs and/or works the subject of this Agreement have been discussed by the Parties and are described in full in item 2 of the Summary and/or any applicable attached brief. It is further acknowledged that in the event that the Client or the Client’s representative I not present on the Photography Date(s) at the Location, then the Photographer’s Interpretation of the Service 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 have obtained the necessary clearance in relation to the subject matter to be photographed; and
(c) It will only use the Photograph in accordance with the License granted under this Agreement.
7.2 The Client agrees to indemnify the Photographer against and 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.
8. CANCELLATION BY THE CLIENT
8.1 If the Client cancels the Agreement prior to the Cancellation Date as set out in Item 3 of the Summary, the Photographer reserves the right to charge the Cancellation Fee set out in item 3 of the Summary. In the event that the Client cancels or postpones the Services after the Cancellation Date, the Photographer reserves the right to charge the Client the full fee and Expenses.
9. TERMINATION
9.1 This Agreement may be terminated if:
(a) The Client fails to pay any of the Fee or Expenses;
(b) The Client is declared bankrupt, enters into administration or into 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 Photographs/s and/or work(s) revert to the Photographer;
(b) The Client must return all physical property (including but not limited to the Photographs and any equipment); and
(c) All Fees and Expenses owed to the Photographer under this Agreement must be paid in full.
10. MISCELLANEOUS
10.1 This Agreement constitutes the entire understanding between Parties, and may not be modified, amened, or otherwise altered unless agreed in writing between the parties.
10.2 If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.
10.3 Each party must do all acts and execute all documents as necessary to give effect to his Agreement.
10.2 If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.
10.3 Each party must do all acts and execute all documents as necessary to give effect to this Agreement
10.4 The Client must not assign or sub-license all or any of its rights in this Agreement without prior written consent of the Photographer.
10.5 This Agreement must be read and construed according to the laws of the state indicated in Item 10 of the Summary. The Parties submit to the jurisdiction of that state.
Client means the Client specified in the Item 1 of the Summary.
Expenses means the expenses incurred by the Photographer and to be paid by the Client and set out in Item 4 of the Summary.
Fee means the total fee as specified in Item 3 of the Summary.
GST has the meaning defined in the A New Tax System (Goods and Services) Act 199 (Cth).
License means the license granted by the Photographer to the Client for Uses of the Photographs as specified in Item 5 of the Summary.
Photographs means the finished photographs taken by the Photographer and as chosen by the Client and detailed in item 2 of the Summary.
Photographer includes any employees, assistants, or any other parties engaged by the Photographer specified in Item 1 of the Summary to provide the Services.
Services means the services provided by the Photographer and set out in the Item 2 of the Summary.
Summary means the Photographer Services Agreement Summary attached to this Agreement which forms part of this Agreement.
Term means the period set out in Item 7 of the Summary.
Territory means the territory set out in Item 8 of the Summary.
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 Summary.
- ENGAGEMENT AND SERVICES
- provide the Services to the Client;
- produce the Photographs; and
- upon full payment of the Fee and the Expenses, the Photographer will grant the Client the License on the terms set out in this Agreement.
- PAYMENT AND FEES
3.2 All amounts payable under this Agreement are exclusive of GST. If any amount payable under the 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 government 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 Summary, 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 specially granted 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 a 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 equlvalent) from which the Photographs are derived. No interest in the negatives (or digital equlvalent) is assigned or licensed to the Client by this Agreement, unless expressly specified in the Summary. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.
6. PHOTOGRAPHER’S INTERPRETATION
6.1 The Parties agree and acknowledge that the details of the Services, Photographs and/or works the subject of this Agreement have been discussed by the Parties and are described in full in item 2 of the Summary and/or any applicable attached brief. It is further acknowledged that in the event that the Client or the Client’s representative I not present on the Photography Date(s) at the Location, then the Photographer’s Interpretation of the Service 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 have obtained the necessary clearance in relation to the subject matter to be photographed; and
(c) It will only use the Photograph in accordance with the License granted under this Agreement.
7.2 The Client agrees to indemnify the Photographer against and 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.
8. CANCELLATION BY THE CLIENT
8.1 If the Client cancels the Agreement prior to the Cancellation Date as set out in Item 3 of the Summary, the Photographer reserves the right to charge the Cancellation Fee set out in item 3 of the Summary. In the event that the Client cancels or postpones the Services after the Cancellation Date, the Photographer reserves the right to charge the Client the full fee and Expenses.
9. TERMINATION
9.1 This Agreement may be terminated if:
(a) The Client fails to pay any of the Fee or Expenses;
(b) The Client is declared bankrupt, enters into administration or into 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 Photographs/s and/or work(s) revert to the Photographer;
(b) The Client must return all physical property (including but not limited to the Photographs and any equipment); and
(c) All Fees and Expenses owed to the Photographer under this Agreement must be paid in full.
10. MISCELLANEOUS
10.1 This Agreement constitutes the entire understanding between Parties, and may not be modified, amened, or otherwise altered unless agreed in writing between the parties.
10.2 If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.
10.3 Each party must do all acts and execute all documents as necessary to give effect to his Agreement.
10.2 If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.
10.3 Each party must do all acts and execute all documents as necessary to give effect to this Agreement
10.4 The Client must not assign or sub-license all or any of its rights in this Agreement without prior written consent of the Photographer.
10.5 This Agreement must be read and construed according to the laws of the state indicated in Item 10 of the Summary. The Parties submit to the jurisdiction of that state.
