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Photography - Terms and Conditions

Displayed Works - Photography

 

The 'Member' agrees to the following 'Standard Terms and Conditions' relating to the publication of designer works displayed on the SosoCoGlobal.com website and are incorporated in and make a part of the agreement between the parties hereto.

  • All photography on the website must be presented as 'ghost mannequin' technical shots.
  • Any model photography can be used as secondary marketing on the front lead at the discretion of the photography team.

Photography Engagement and Service

  • a. The Agreement is between the 'Photographer' Natasha Ward Photographer ABN: 61 826 090 512 contracted for and on behalf of SosoCoGlobal.com trading as SosoCo - Global (Aust) Pty Ltd ABN: 28 631 059 562 and the 'Member' (Client). The 'Member' (Client) wishes to engage Natasha Ward Photographer and the 'Photographer', Natasha Ward accepts the engagement to hereby:
  • Provide the services to the 'member' (client)
  • Produce the photographs, and 
  • Upon full payment of the Fee and the Expenses, the Photographer will grant the License on the terms set out in this Agreement.
  • All photo shoots must be prepaid and pre booked  via the SosoCoGlobal.com website.
  • b. All garments published are prepared by an approved assigned photographer contracted for and on behalf of SosoCo Global (Aust) Pty Ltd and the participating 'Member'.

Photography Costs Payment and Fees

Photography Fees and Schedules

  • a. All photo shoots must be prepaid and pre booked via the SosoCoGlobal.com website. (See specific costs and options under - booking a photo shoot in the contents page of the designer portal).
  • b. The 'Member' accepts that the cost of photography including GST(applicable only to Australian Applicants) at the time of advertising and understands that SosoCo-Global (Aust) Pty Ltd has the right to increase / decrease these charges when deemed necessary without notice.
  • c. The 'Member' accepts that only approved images can be used on the SosoCoGlobal.com website.
  • d. All stamp duties and governmental charges, if any, a rising out of or incidental to this Agreement are the responsibility of and must be paid by the 'Member' (Client).
  • e. Photography minimums for all 'member' who participate are as follows:-
  • f. 
    • Minimum  five (5) photographs for students /lecturers and sole traders  requiring individual photography studio time- *NOTE not applicable for University students on a package 
    • Minimum eight (8) photographs for all other business categories requiring individual photography studio time
    • All photography outside of these minimums will be batched at the soonest time available to the next available photographer.

Photography Rights granted & Intellectual Property

  • a. In consideration of the full payment of the fees and expenses by the 'Member' (client), the Photographer grants the 'Member' (Client) the License to use the agreed Photographs for the Use(s) during the Term throughout the Territory. The License granted is not effective until both Parties have signed this Agreement and the 'Member' (Client) have laid the Fees and Expenses in full.
  • b. The Photographer asserts all moral rights attached to the Photographs.
  • c. Notwithstanding the License granted under this Agreement, the Photographer reserves the right to use the Photographs during the Term in the Territory for the purpose of promoting and marketing the Photographer on behalf of SosoCoGlobal.com, including but not limited to displaying the Photographs in the Photographer's portfolio, on the Photographer's own website and in galleries or in photography competitions. The Photographer expressly reserves all other rights subsisting in the Photographs not specifically granted in this Agreement.
  • d. The photographer is the owner of the intellectual property created by the Photographer in the course of Services, including but not limited to the Photographs (as an original), digital or electronic material, transparencies, negatives and prints relating to the Photographs.
  • e. The Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) is assigned or licensed to the 'Member" (Client) by this Agreement, unless 'a multi-user licence' or unlimited license has been established (payment in full) and bound by the licence fees as agreed to.
  • f. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.

Photographers Interpretation

The parties agree and acknowledge that the details of the Services, Photographs and/ or works the subject of this Agreement have been discussed by the parties and are described in the terms and conditions. It is further acknowledged that in the event that the 'Members' or the 'Members' representative is not present on the Photography Dates(s) at the Location, then the Photographer's interpretation of the Services shall prevail.

  • a. The Member agrees to submit a brief for any garments that require special styling prior to the shoot, and also provide a detailed list of garments and any special requests relating to them using the style guide available via this website to download.
  • b. The Member must provide a 'company representative' or be available on the day of photo shooting for styling garments. Failure to provide a representative may result in cancellation of the shoot and the 'Member' will be liable as per the cancellation agreement.
  • c. International 'Members' acknowledge were applicable that garment images may only be supplied if the SosoCoGlobal.com style guide supplied by the 'Photographer' is followed and adhered to in its true form. The standard charge for photography quality control is $10.00 per image, minimum (5) images at any one time.
  • d. International 'Members' acknowledge the right of the 'Photographer' to refuse poorly edited images, return images and not advertise images until the image has been rectified to the specified standard stipulated in the supplied style guide.
  • e. International 'Members' acknowledge that if an image has to be rectified due to refusal of a poorly edited image, a rechecking fee of $10.00 is also applied. There will be no deviations to this term.

Photography Rights

  • a. The 'Member' approves 'the image' prior to being released onto the website.
  • b. The 'Photographer' agrees to provide the 'Member', with clear images on a white background in JPEG format 'save for web'.
  • c. The 'Photographer' agrees to rectify unclear images within 10 business days.
  • d. The 'Photographer' will provide image files for approval by the 'Member' within 10 business days. After final approval the images will be placed onto the website by the photographer on behalf of the client and SosoCoGlobal.com on behalf of SosoCo- Global (Aust) Pty Ltd. 
  • e. The 'Member' has the right to refuse substandard images, and request additional work to be completed if the images supplied are different to the brief as submitted.
  • f. The photograph will not be activated live on the website prior to final approval having been received in writing by the 'Member'.
  • g. SosoCo- Global (Aust) Pty Ltd acknowledges that the 'Member' is granted a license of the completed file and further acknowledges their rights to use the file on 'other websites' for further promotion and or sales without the approval of SosoCoGlobal.com, if a 'multi user' or 'unlimited user' license has been agreed.

Photography Warranty and Indemnity

The Member warrants to the Photographer that:

1. It has the capacity and authority to enter into this Agreement

2. It has obtained the necessary clearances in relation to the subject matter to be photographed; and 

3. It will only use the Photographs in accordance with the License granted under this Agreement.

4. The Member agrees to indemnify the Photographer against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by the Photographer as a direct result of breach by the 'Member' of the above warranties.

Photography Cancellation by Member Policy:

Definition - business day (Monday - Friday)

  • a. A three day cooling off period is allowed unless a photo shoot is booked to take place within that time. Note this cooling off period only relates to photography only.
  • b. A 10% cancellation fee of total cost of photography will be applied for all 'members' after the cooling off period but 10 (10) business days before the photo shoot. 
  • c. A 50% cancellation fee applies for any cancellation made within 5 business days of the scheduled shoot. The designated photographer must be notified in writing. 
  • d. A no refund policy applies for any cancellation within 3 business day before the shoot.
  • e. All cancellations made prior to and on the day of the photography must be in writing, via email or text.
  • f. All cancellations that are not clearly communicated via phone and email on the day of service will incur a surcharge of 25% plus the full price of photography.
  • g. Any adjustments to numbers of garments to be photographed after booking must be done in writing (3) business days prior to the shoot.
  • h. As all payments are made in advance any additional garments must be paid for before the shoot (3) business days prior.
  • i. Any reduction in the number of garments processed within (3) business days will result in a $20.00 fee per garment.
  • j. Any reduction in the number of garments processed on the day of the shoot means the designer will not be eligible for any discount or refund.
  • k. Photography licensing fees are not refundable after delivery of images.
  • J. The ‘Member’ (Client) is able to reschedule the shoot 5 business days prior to the nominated shoot date in writing. In this case no additional fees will be incurred. 

Photography Termination

This Agreement may be terminated if:

1. The 'Member' (Client) fails to pay any part of the Fee or Expenses;

2. The 'Member' (Client) is declared bankrupt, enters into administration or into liquidation.

Or

3. The 'Member' (Client) is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from the Photographer of such breach.

Photography - Immediately upon termination:

  • a. All rights in the Photography/s and /or work(s) revert to the Photographer;
  • b. The 'Member' (Client) must return all physical property (including but not limited to the Photographs and any equipment); and
  • c. All fees and expenses owed to the Photographer under this Agreement must be paid in full.

Photography - Miscellaneous

  • a. The 'Member' understands that any 'additional' advertising of garments is the exclusive right of the 'Photographer' to decide when and where to advertise garments.
  • b. The 'Member' understands that the garments used are for 'additional' advertising of the SosoCoGlobal.com website and are not expected to be available for sale at the time of advertising. 'Members' maybe contacted from time to time for our quarterly style shoot. If a 'Member' is contacted for a specific promotional advertising shoot, the 'Member' agrees to supply SosoCo- Global (Aust) Pty Ltd with a garment on an agreed date for no more than 24hrs for the sale purpose of shooting for advertising purposes only. The 'Member' understands that the garment must be supplied on a no 'fee' basis.

Proceed to fill out your 

 

Name:

 

Student Number / packaged deal with Generation So Publication 

IUS-01 - *FOR ALL PACKAGED STUDENTS - QUOTE YOUR SPECIFIC ORDER NUMBER ON YOUR EXPRESSION OF INTEREST FORMS INCLUDING YOUR INSTITUTE CODE & YEAR & YOUR STUDENT NUMBER.

Independent Student

IUS-02

Sole Trader

IST-03

Corporate Pty Ltd

TPL-04

Corporation

ICO-05

Tertiary Fashion Lecturers United 

TFLU-06

Independent Fabric Artists Guild

IFAG-07

Email Address

 

Phone Number

 

  • Indicate your order number    (eg IUS-01)                    
  • *This number is your group within our system and should appear as the first number you create for your SKU product code;

 

  • If you have any further questions or comments please do not hesitate to contact us directly using the field marked questions or comments. We will connect with you shortly with answers to help you move forward in trading with us online.

 

  • By submitting your form to us you are agreeing to the terms of this agreement in its entirety.