Photographer Terms and Conditions

Travelshoot
  1. How travelshoot works
    Travelshoot (we/us/our) connects customers with its network of international photographers via its website www.travelshoot.com (the Site).  We receive an online request from a customer then forward this request as an itemised job order (Booking) to members of our photography network.  A photographer in the network is then engaged by us to provide the Services, upon it communicating its acceptance of the Booking.
  1. Acceptance and variation
    By accepting these photographer terms and conditions (Terms) and registering as a photographer on the Site (you), you agree to be a member of our photography network and bound by these Terms. If you do not agree to these Terms please do not accept them and exit this registration process. We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site at any time, without liability or further notice to you. Your continued use of the Site, following registration will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us.
  1. Appointment and relationship
  • We appoint you as an independent contractor to perform the Services in accordance with these Terms and each respective Booking. Nothing in these Terms creates an employment relationship between you and us.
  • You are taken to accept the appointment upon providing us with your acceptance of the Booking. Every appointment is deemed to incorporate these Terms unless we otherwise specify.
  1. Fees and payment
  • We must pay you the Fee for performing the Services.
  • The Fee will be paid in the manner stipulated in the Booking, following our receipt of a valid tax invoice from you and confirmation from you that the Services have been completed.
  • You must not:
    • request or accept payment of any money directly from a Customer in exchange for providing Services; and
    • approach or accept any further business directly from a Customer.
  1. Photographer’s obligations
You must:
  • perform the Services with due care and skill, in good faith and in a proper and effective manner;
  • promptly provide all reports, photographs, customer feedback or other documents requested by us and report all complaints, queries and similar matters made by a Customer to us;
  • not maintain an external database with Customer information;
  • not communicate directly with a Customer without our prior written consent;
  • not use any of the photographs you have taken while providing the Services in a manner that is inconsistent with the licence you are granted under condition 6.3, which includes using any of the photographs in any competitions or contests, without our express consent;
  • use its best endeavours to promote our interests and enhance our reputation;
  • comply with all of our reasonable directions, policies as well as all laws and regulations when performing the Services.
  • not hold itself out in any way to bind us; and
  • effect and keep current all Insurances and where requested, provide us with certificates of currency evidencing that each of the Insurances are effective.
  1. Incorrect client booking
  • If you become aware that the client has incorrectly booked a standard package for a commercial purpose; or in relation to a wedding, you must let us know as soon as practicable.
  • Where an incorrect booking has occurred, you will be entitled to decline to proceed with the photoshoot and in such an instance will be reimbursed for your expenses and for lost time, as reasonably determined by us in our sole discretion.
  1. Intellectual property
  • Intellectual property rights
    • All rights, title and interest, including intellectual property rights, in all photographs taken by you as part of the Services are to vest in us upon creation (including partial creation), and to the extent they do not, you explicitly and unconditionally assign all your rights in the photographs to us. If any right in the photographs (or any part of them) cannot vest or be assigned by you (by operation of law or otherwise) under (a), then you must:
    • holds those photographs on trust for us; and
    • at our written request, unconditionally assign (including as an assignment of future copyright) all your rights, including intellectual property rights, in the photographs to us.
    • You acknowledge that we (along with our licensees, successors in title and people we authorize):
  • Moral Rights
    • may use, change and deal with the whole or any part of any photograph in any way (including any way which could otherwise be a breach of the Moral Rights of the creators of the photograph); and
    • do not have to include any attribution of you (or the individual creator of any of the photographs).
    • You agree that you will not enforce any moral rights that you may have, presently or in the future against us or the Customer.
      • Licence to use Project Materials and IP Rights
Subject to clause 6.1, we grant you a non-transferable, non-exclusive licence to use the photographs solely for the purpose of incorporating them into your own advertising, promotional and marketing material (including your portfolio), provided that you do not use the photographs in a commercial manner and otherwise comply with your confidentiality obligations in clause 8.
  1. No Bookings
You acknowledge and agree that:
  • we have not made any representations or warranties with respect a particular quantity or quality of Bookings being sent to you;
  • whether or not we send you a Booking is entirely at our discretion; and
  • we do not have any obligations to send you any Bookings whatsoever.
  1. Indemnity and liability
You must at all times indemnify us and keep us indemnified (including each of its officers, employees and agents) from and against any loss, damage or costs (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceeding by any person against us in connection with, whether directly or indirectly, your provision of Services or your breach of any of these Terms.
  • Liability
    • You will be solely liable to all Customers and other third parties for any loss, damage or cost incurred by any of them arising directly or indirectly from any act, omission or neglect on your part.
    • We will not be liable to you for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from the provision of Services, even if we were advised of the possibility of such damage arising.
  1. Confidentiality
    • Each party must:
      • keep confidential all Confidential Information;
      • only use any Confidential Information for the purpose of providing or receiving (as the case may be) the Service;
      • promptly return all Confidential Information owned by the other party, in its possession or control, to the other party whenever requested and destroy or delete all of the other party’s Confidential Information in its possession or control.
    • The obligations in clause 8(a) do not apply:
      • to the extent necessary to enable a party to make any disclosure required by law;
      • to the extent necessary to enable a party to perform its obligations under these Terms;
      • to any disclosure agreed in writing between the parties; or
      • in respect of any portion of the Confidential Information which has entered the public domain other than as a result of a breach of these Terms.
This clause survives the expiration or termination of these Terms.
  1. Termination
These Terms and your continued role as a member of our photography network may be terminated:
  • immediately by us if you are in breach of these Terms; or
  • either party provides the other with 14 days written notice, provided you have not accepted any Booking to provide Services within that time.
  1. General
    • General
      • These Terms, our policies and the relevant Booking (Agreement) contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.
      • Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by the other party to give effect to these Terms.
      • Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in force.
      • Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
    • Assignment
      • You cannot assign, novate, sublicense or otherwise transfer any of your rights or obligations under these Terms without the our prior written consent.
      • We may assign are rights and obligations without your consent.
    • Jurisdiction
These Terms are governed by the law in force in the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
  • Severability
Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of this Agreement which shall remain in force.
Definitions
In these Terms the following definitions apply unless the context or subject matter requires otherwise:
Confidential Information means information that is by its nature confidential and:
  • is designated by a party as confidential; or
  • a party knows or ought to know is confidential,
but does not include information which is or becomes public knowledge otherwise than by breach of these Terms or any other confidentiality obligation.
Fee means the amount detailed in the Booking for the Services and is taken to include all of your out of pocket expenses even those reasonably required for you to provide the Services.
Insurances means all reasonable insurances that a provider of services similar to the Services would prudently take out and maintain.
Moral Rights means:
  • any moral rights arising under the Copyright Act 1968 (Cth); and
  • any other similar rights arising under any other law.
Services means the services to be provided by you as chosen by the customer and specifically detailed in the Booking.
 
 
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