and Conditions of using this website.
B. General Terms and Conditions for Photographic
A. Terms and Conditions of using this
This website is governed by the terms and conditions
set forth here-in, as well as any applicable laws,
statutes, ordinances, and regulations. Your use
of this site, whether browsing, visiting, or otherwise
accessing, shall be taken as an acceptance of
these terms and conditions.
As used in this site, the terms “the Photographer”,
and “Benjamin Townsend Photography”
(hereafter known as “BTP”), are intended
to included Benjamin Townsend Photography and
its respective subsidiaries, divisions, and affiliated
All content on this site, whether text or images,
is protected by Australian and International copyright
law. Except as specifically permitted within the
terms and conditions governing the use if this
site, any reproduction, display, copying, or retransmission
of any or all of the contents of this site is
strictly forbidden. Requests for use of any content
should be directed to the Photographer.
Benjamin Townsend Photography makes no representations
or warranties of any kind regarding this site
i) the accuracy or completeness of the
information or other content contained in this
Site, and assumes no responsibility for any errors
or omissions in the contents.
ii) the fitness or suitability of any
information, products, or services for any purpose
iii) the presence or absence of any bugs
or computer viruses which third parties may attach
or embed without the knowledge or consent of BTP.
iv) any software or content made available
for download, copying, or other use.
Every user who visits this site does so at their
own risk. In no event shall BTP, its affiliate,
and/or suppliers be liable for any indirect, incidental,
punitive, special, consequential, or other damages
arising from the use of, or inability to use this
website, or the content contained within. This
does not affect any statutory rights you may have
as a consumer.
BULLETIN BOARD, CHATROOMS, AND OTHER
If this website contains bulletin boards, chat
rooms, or other message or communication facilities
(hereafter known as “Forums”), you
agree to only send or receive materials or messages
that are proper and related to the particular
Forum. By way of example, and not limitation,
you agree not to;
i) Defame, abuse, threaten, harass, stalk,
or otherwise violate the legal rights of others
(including the rights of privacy).
ii) Publish or post any material or information
which is defamatory, obscene, indecent, infringing,
or unlawful in any way.
iii) Upload files that contain any material
protected by intellectual property laws, unless
you own or control those rights, or have obtained
all necessary consents.
iv) Upload files that contain viruses,
corrupted files, or other software that may damage
the operation of the website or another’s
v) Falsify the origin or source of any
material that is uploaded.
vi) Advertise or offer to sell any goods
or services or conduct surveys, contests, or chain
vii) Download any file posted by another
user, that you know or reasonably should know,
cannot be legally distributed in such a manner.
You aknowledge that all Forums unless otherwise
specified are public and not private communications,
an that any postings are not endorsed by BTP.
BTP reserves the right to remove without notice
any contents of the Forums received from users,
and reserves the right to deny at its sole descretions
any user access to this website without notice.
Links to other internet sites may appear on this
site from time to time. Except for websites maintained
by divisions, subsidiaries, or affiliated companies
of BTP, users acknowledge that these sites are
not under the influence or control of BTP and
that BTP assumes no responsibility for the contents
or actions of such websites, or any potential
damage arising from the use of such links.
The existence of any link between this site and
any other site shall not be taken as an endorsement
of such site.
BTP reserves the right to modify or change these
terms and conditions at any time.
Benjamin Townsend Photography appreciates any
constructive feedback with regard to these
terms and conditions, or the site in general.
We hope you find the information, products, and
services contained herein useful.
B. General Terms and Conditions for photographic
For the purpose of this agreement “the Agency”
and “the Advertiser” shall include
their respective successors and permitted assignees
and where there is no agency or advertiser; all
references in this agreement to either shall mean
"the Photographer" means Benjamin Townsend
Photography and its respective successors and
“License” means those rights in the
Photographs licensed to the Client pursuant to
“Photographs” means all photographic
material furnished by the Photographer; whether
transparencies, negatives, prints, digital files,
or any other type of physical or electronic material.
2. COPYRIGHT AND LICENSE TO USE
The copyright in the Photographs is owned by and
retained by the Photographer at all times throughout
the World. The Client also agrees that the Photographer
is the sole author of the Photographs. The Photographs
shall be the Photographer’s interpretation,
rather than a literal re-creation of any concepts
or layouts provided to the Photographer by the
Client or the Client’s representative.
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 and will be subject to a further
fee. The License cannot be transferred without
the Photographer’s written consent. No use
may be made of the Photographs until payment in
full is received, without the express written
permission of the Photographer.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property
of the Photographer. The Client shall return all
Photographs within 30 days of the expiry of the
The Agency and Advertiser will be authorised to
publish the photographs to the exclusion of all
other persons including the Photographer for the
duration of the License according to the usage
rights designated therein. However, the Photographer
retains the right in all cases to use the photographs
in any manner at any time and in any part of the
world for the purposes of advertising or otherwise
promoting his work. After the exclusivity period
indicated in the License, the Photographer shall
be entitled to use the photographs for any purposes.
On expiry of first initial exclusive period, the
Client will be offered the first right to extend
the license upon payment of a further fee. If no exclusivity period has been negotitated, the rights licensed will be considered to be non-exclusive.
5. NO ALTERATION
No alteration or manipulation of the Photographs
may be made without the permission of the Photographer.
6. CLIENTS MATERIALS
The Client accepts full responsibility for any
materials they supply for use in the Photographs
and that the materials so supplied are insured
against loss, damage or liability.
The Photographer shall not be liable for any legal
action, claim or damages resulting from or arising
our of the publication of the Photographs or any
other use by the Client. The Client shall indemnify
the Photographer against any claims and/or damages
against him including reasonable counsel fees
arising from the Client’s use of the Photographs
and the Photographer’s use of the materials
on the instructions of the Client.
The Client shall pay all expenses referred to
herein. All assignments where the total cost estimate
exceeds $8000.00 require payment of 100% of the
Production Expenses and 30% of the Fees before
commencement. Full payment is otherwise required
within 30 days of receipt of the relevant invoice.
9. CLIENT APPROVAL
The Client is responsible for having its authorised
representative present during all “shooting”
phases of the Assignment to approve the Photographer’s
interpretation of the Assignment. If no representative
is present, the Photographer’s interpretation
shall be accepted. The Client shall be bound by
all approvals and job changes made by the Client’s
representatives. Unless a rejection fee has been
agreed in advance there is no right of rejection.
In the event any Assignment extends beyond eight
(8) consecutive hours in any one day the Photographer
will charge overtime for crew members and assistants
at a rate of one and one half (1.5) times their
hourly rate or fee.
11. CANCELLATION AND POSTPONEMENTS
The Client is responsible for payment of all expenses
incurred up to the time of the cancellation. In
addition, the Photographer shall at his discretion
be entitled to charge a cancellation fee equal
to 30% of the Photographer’s fees. If notice
or cancellation is given less than 48 hours before
the shoot date, the Client will be charged 100%
of the 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, and 30% of the fee if postponement
occurs before departure to the location.
12. RIGHT TO CREDIT
The Photographer’s name shall be exhibited
in reasonable proximity to all published reproductions
of the Photographs unless otherwise agreed in
writing prior to commencement of work.
The Photographer will charge 100% of his fees,
charges, and expenses on any reshoot requested
by the Client.
14. ARCHIVING DATA
The Client shall not electronically or by any
other means, methods or processes, whether now
known or hereafter developed, in any manner use,
scan, reproduce, copy, store or alter any Photograph
in whole or in part except as expressly agreed
overleaf or with the subsequent written permission
of the Photographer.
The Photographs are an original work. The Photographer
will not specifically archive copies of the Photographs
unless agreed to prior to commencement of work.
Each photograph is unique and does not have an
exact duplicate, and may be impossible to replace
The Photographer will keep confidential and will
not disclose to any third party or make use of
material or information communicated in confidence
to him for the purposes of photography except
as may be reasonably necessary to carry out the
16. ENTIRE AGREEMENT
This agreement is the entire agreement between
the parties with respect to the subject matter
and no alteration, modification or interpretation
hereof shall be binding unless in writing and
signed by both parties.
17. APPLICABLE LAW
This Agreement is governed by the laws of New
South Wales, Australia.