Terms and Conditions

Terms and Conditions

Website use

The purpose of this website is to showexamples of my work, the images are not intended to be downloaded or used inany way.  No images displayed onthis website are in the public domain. The copyright may be owned by stelios Papadakis, the clients that theimages were created for, the subject of the photograph, or a combination of allthree depending on the agreement. Any downloading or copying of images for any purpose whatsoever is abreach of copyright and strictly prohibited.  Any unauthorised use may result in legal action being takenagainst the offender.

Imagesdisplayed on this website may be available for licensing, however, this must benegotiated prior to any use. This includes, mock-ups, drafts as well aseducational use.

Pleasecontact Stelios at shotbystelios@gmail.com for any information pertaining tolicensing use.

Bookings andcommissions

1.    Definitions

For the purpose of this agreement “the Agency”and “the Advertiser” shall include their respective successors and permittedassignees and where there is no agency or advertiser; all references in thisagreement to either shall mean the Client.
"the Photographer" means Stelios Papadakis and permitted assignees.
“License” means those rights in the Photographs licensed to the Client pursuantto clause 2.
“Photographs” means all photographic material furnished by the Photographer;whether transparencies, negatives, prints, digital files, or any other type ofphysical or electronic material.

2.    Copyright & License to use

i) COPYRIGHT
The copyright in the Photographs is owned by and retained by the Photographerat all times throughout the World. The Client also agrees that the Photographeris the sole author of the Photographs. The Photographs shall be thePhotographer’s interpretation, rather than a literal re-creation of anyconcepts or layouts provided to the Photographer by the Client or the Client’srepresentative.
ii) LICENSE TO USE
The Client shall have the right to use the Photographs only in the media,within the territory, for the period, and with exclusivity as set out overleaf.Any extended usage must be with the written consent of the Photographer andwill be subject to a further fee. The License cannot be transferred without thePhotographer’s written consent. No use may be made of the Photographs untilpayment in full is received, without the express written permission of thePhotographer.

3.    Photographers promotional use

Where an exclusive licence is granted, Stelios Papadakis will at all timesretain the right to use the photographs in any manner and in any part of theworld for the purpose of advertising and promoting his work.

4.    Ownership of materials

Title of all photographs remains the property of Stelios Papadakis. Whenthe licence has expired the photographs will return to Stelios Papadakis.

5.    No alteration

No alteration or manipulation of the image may be made without thepermission of Stelios Papadakis.

6.    Client materials

The client accepts full responsibility for any materials that they supplyfor use in the photographs and that the materials are adequately insuredagainst loss, damage or liability.

7.    Payment

Payment by the client will be required for the right to use the photographsas provided within 7 days of the issue of the relevant invoice.  Late payment fees will becomeapplicable for any unpaid money after that time.  Where the work is estimated to exceed $500, a payment of 50%of the estimated total will be paid before the work commences.

8.    Indemnity

Stelios Papadakis shall not be liable for any legal action, claim ordamages resulting from or arising out of the publication of the photographs orother use by the client.  Theclient shall indemnify Stelios Papadakis against any claims and/or damagesagainst him as a result of the clients use of the photographs.

9.    Client Approval

If the client is not present during the actual photography sessions, thenStelios Papadakis’s interpretation of the assignement/brief will be acceptedunless a rejection fee is agreed in advance.

10.  Cancellationsand/or Postponements

The Client is responsible for payment of allexpenses incurred up to the time of the cancellation. In addition, thePhotographer shall at his discretion be entitled to charge a cancellation feeequal to 30% of the Photographer’s fees. If notice or cancellation is givenless than 48 hours before the shoot date, the Client will be charged 100% ofthe Photographer’s fees.
Weather Postponements: Unless otherwise agreed, the Client will be charged 100%of the fee if the postponement is due to weather conditions on location, and30% of the fee if postponement occurs before departure to the location.

11.  Rightto Credit

The Photographer’s name shall be exhibited inreasonable proximity to all published reproductions of the Photographs unlessotherwise agreed in writing prior to commencement of work.

12.  Reshoots

The Photographer will charge 100% of his fees,charges, and expenses on any reshoot requested by the Client.

13.  Archiving

The Client shall not electronically or by anyother means, methods or processes, whether now known or hereafter developed, inany manner use, scan, reproduce, copy, store or alter any Photograph in wholeor in part except as expressly agreed overleaf or with the subsequent writtenpermission of the Photographer.
The Photographs are an original work. The Photographer will not specificallyarchive copies of the Photographs unless agreed to prior to commencement ofwork. Each photograph is unique and does not have an exact duplicate, and maybe impossible to replace or recreate.

14.  ClientConfidentiality

The Photographer will keep confidential andwill not disclose to any third party or make use of material or informationcommunicated in confidence to him for the purposes of photography except as maybe reasonably necessary to carry out the work.

15.  Variation

These terms shall not be varied except by agreement in writing and signedby both parties.

16.  ApplicableLaw

This Agreement is governed by the laws of NewSouth Wales, Australia.