COMMERCIAL PHOTOGRAPHER
Standard Terms and Conditions for Corporate and Commercial Photography
1. DEFINITIONS
For the purpose of this agreement, “the Client” shall include their respective assignees, licensees, and successors in title. “Photographs” means all photographic material created by Sophie Geraghty Photography, including but not limited to digital files, transparencies, negatives, prints, or any other type of physical or electronic material.
2. COPYRIGHT
The copyright in all photographs remains the sole property of Sophie Geraghty Photography at all times throughout the world, unless otherwise negotiated in writing. The Client acknowledges that Sophie Geraghty Photography is the copyright owner of all images produced under this agreement.
3. LICENCE TO USE
A non-exclusive licence to use the photographs is granted to the Client only upon full payment of the relevant invoice(s).
The Licence to Use covers the specific usage, purpose, and duration agreed upon in writing prior to the assignment. Any additional use (including but not limited to new campaigns, mediums, or third-party use) requires written permission and may incur additional fees.
No use may be made of the photographs before payment in full without express written consent from Sophie Geraghty Photography.
4. PHOTOGRAPHER’S PROMOTIONAL USE
Unless otherwise agreed in writing, Sophie Geraghty Photography retains the right to use any images created for the purpose of marketing, portfolio display, competition entry, and professional promotion, in both print and digital formats.
5. OWNERSHIP OF MATERIALS
Title to all photographic materials remains with Sophie Geraghty Photography. Upon expiration of the agreed licence, all usage rights shall cease unless renewed in writing.
6. ALTERATION OR MANIPULATION
The Client shall not alter, edit, or manipulate the photographs in any way that misrepresents the photographer’s work without written consent from Sophie Geraghty Photography. Cropping and resizing for layout or social media purposes are permitted, provided the integrity of the images is maintained.
7. CLIENT MATERIALS
The Client warrants that all materials supplied to Sophie Geraghty Photography for use in the creation of images are owned or properly licensed by the Client, and that their use will not infringe the rights of any third party. The Client accepts full responsibility for any claims or damages arising from such materials.
8. PAYMENT TERMS
Payment is due within 14 days from the date of invoice.
All prices are exclusive of GST unless otherwise stipulated.
For assignments estimated at over $5,000 AUD (including materials), a 30% retainer is payable before work commences.
Late payments may incur interest and administrative fees. Failure to pay within forty-five (45) days may result in formal recovery proceedings.
9. EXPENSES
The Client is responsible for covering all reasonable travel, parking, tolls, and transport-related costs incurred in the completion of the assignment.
Where the assignment requires overnight or multi-day travel, the Client agrees to cover all associated accommodation, meal, and incidental expenses.
A daily per diem may be charged to cover food and incidental costs where appropriate.
All expenses will be itemised and included in the final invoice unless otherwise agreed in writing prior to the assignment.
10. INDEMNITY
The Client shall indemnify and hold harmless Sophie Geraghty Photography against any claims, damages, or legal costs arising from the Client’s use of the photographs. Sophie Geraghty Photography shall not be liable for any loss or damage arising from the Client’s publication or misuse of the images.
11. CLIENT APPROVAL AND CREATIVE DIRECTION
Where the Client is not present during the photography session, Sophie Geraghty Photography’s interpretation of the assignment shall be deemed acceptable. In the absence of an agreed rejection fee, there is no right of rejection.
12. DEPOSITS, CANCELLATION AND POSTPONEMENTS
A 20% deposit is required to confirm a booking. This deposit becomes non-refundable after a 14-day cooling-off period.
For bookings made within 14 days of the shoot date, the deposit is non-refundable once paid.
If a confirmed booking is cancelled or postponed, the Client is responsible for all expenses incurred up to the time of cancellation. Sophie Geraghty Photography reserves the right to charge up to 50% of the agreed fee for cancellations or postponements, or 100% if within two (2) months of the shoot date.
13. CREDITING THE PHOTOGRAPHER
Where practical, credit should be given to Sophie Geraghty Photography in proximity to published reproductions, unless otherwise agreed in writing.
14. CLIENT CONFIDENTIALITY
Sophie Geraghty Photography will maintain confidentiality regarding any information or materials provided by the Client and will not disclose such information to third parties except as necessary to perform the commissioned work.
15. STORAGE AND ARCHIVING
Digital files are retained by Sophie Geraghty Photography for a minimum of 12 months after the delivery date. Retrieval or re-supply of images after this period may incur an administrative fee.
16. LIMITATION OF LIABILITY
In the unlikely event of equipment failure, illness, or other unforeseen circumstances beyond reasonable control, liability is limited to the return of any payments received or a rescheduled session, at the photographer’s discretion.
17. VARIATION
These terms shall not be amended or varied except by written agreement between the parties.
18. APPLICABLE LAW
This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Sophie Geraghty Photography
Collaroy Plateau, NSW 2097
📧 sophie@sophiegeraghty.com.au
📞 0405 738 744