Terms + Conditions

 

Terms & definitions

Picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;

reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

the Company (otherwise known as GMS Productions Pte Ltd) is the Owner of the photograph.

the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

These terms and conditions represent the entirety of the agreement between GMS Productions and the Client. Any variation is only applicable when agreed in advance and in writing;

Copyright

The entire copyright in the pictures is retained & administered by the Company, GMS Productions at all times throughout the world & is protected by the Copyright Act;

Title to all photographs remains the property of the Company;

Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Company and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Company reserves the right to make an additional charge for continued use after this period;

Limitation of liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

 

Pet Photography

A handler must be on site at all times during the shoot to ensure the safety of both the pet(s) as well as our staff. The Company reserves the right to refuse to proceed with the photoshoot if this condition is not met & no refund of fees or deposit will be given.

Reproduction rights

The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received. GMS Productions reserves the right to make a charge of 50% of the original invoice (excluding expenses) when images are used before full payment has been received;

Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;

Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on GMS Productions’ invoice. An agreement must be reached with GMS Productions before the pictures are used for a different purpose or after the licence to use has expired;

Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;

Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;

GMS Productions reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;

On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, GMS Productions may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

force majure or act of god

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure

Attendance

In the unlikely event of the assigned Photographer being unable to attend due to unforeseen circumstances, we reserve the right to appoint another photographer to attend on our behalf to undertake the photography to his/her best ability.

cancellation

The Client may cancel this contract at any time by giving written notice to The Company but in doing so shall forfeit any monies paid.

rejection

GMS Productions will edit every take & deliver what it considers the best of every situation covered.

There is no right to reject on the basis of style, composition & editing, unless agreed in writing prior to performance of service.

Postponement

If the appointment has to be cancelled by the Company for whatever reason, a new mutually agreed upon appointment shall be arranged at no costs.

In the event a postponement of service is required, a $40 administrative charged will be levied.