A. Terms and Conditions of using this site
B. Standard Terms and conditions for assignment photography
 

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 Christopher Shain, 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
Document also available in PDF - 65 kb

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 Christopher Shain 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 Christopher Shain at all times throughout the world. The Client agrees that Christopher Shain 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 Christopher Shain'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 Christopher Shain's express permission in writing.

4. Photographers promotional use
Where an exclusive licence is granted, Christopher Shain 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 Christopher Shain. When the Licence has expired the photographs will be returned to Christopher Shain.

6. No Alteration
No alteration or manipulation of the image may be made with out the permission of Christopher Shain.

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
Payment by the client will be required for the right to use the photographs as provided within 14 days of the issue of the relevant invoice. Late payment fees will become applicable for any unpaid money after that time. Where the work is estimated to exceed $5000.00 inc materials, a payment of 30% of the estimated total will be paid before the work commences.

9. Indemnity
Christopher Shain 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 Christopher Shain 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 Christopher Shain'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 Christopher Shain has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation and Christopher Shain will be entitled to charge a fee for cancellation or postponement at his discretion.

12. Right to a credit
Christopher Shain'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 Christopher Shain 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.

14. Client Confidentiality
Christopher Shain 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