Licensing, copyright, & moral rights
Upon utilising Dusty Hooves Media, the Client agrees to transfer the ownership of copyright to Dusty Hooves Media in all images taken and produced from any session/event, including deliverables and raw images.
Dusty Hooves Media and the Photographer retain ownership of moral rights in all images produced from the session, including after delivery to the client.
The photographer retains the right to:
Be attributed (or credited) for his/her work;
Not have her work falsely attributed; and
Not to have her work treated in a derogatory way.
Use of Imagery
The Client will not edit images received from the Photographer in any way.
When publishing images, they are to be reproduced as provided to them by the Photographer without change, including, but not limited to, cropping (excluding Instagram), filters and lighting changes.
If the Client would like changes made to the images, they must request that Dusty Hooves Media or the Photographer undertake those changes. However, the Photographer reserves the right to refuse any requested changes.
Any images used by the Client or a third party who received the image from the Client are to be credited to the Photographer and/or Dusty Hooves Media, including, but not limited to, Facebook, Instagram, X, TikTok, local media, and television advertisements.
It is the Client’s responsibility to ensure third parties adhere to this clause.
Archiving, Storage and Retrieval (photographer)
The Photographer will, at his/her own discretion, archive and store copies of all files for a period of 12 months after the session date in a cloud-based storage facility.
Any request for replacement copies of images will incur an administration fee of $90.00. The Photographer is not liable for any lost or irretrievable images.
Governing Law
This agreement is governed by the law of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of that place and any courts of appeal from them.
Modifications
The Client and the Photographer agree that this contract incorporates the entire understanding of the parties. Any modifications of this contract must be made in writing and be agreed to and signed by both parties.