1. Definitions
This website is run by Hatch Media. For the purpose of this agreement ‘the Agency’ or ‘the Advertiser’ includes their respective successors and assignees. Where there is no agency or advertiser, all references in this agreement include ‘the client’ or ‘customer’. Hatch Media makes the site and services available and considers use of the site as acceptance of our terms and conditions. ‘BUR’ refers to Base Usage Rate and refers to first usage charged to the client based on the principle purpose set by the client at the time of commission. Additional usage is levied according to Table 1 and is subject to Clause 2, below. ‘License’ means those rights in the photographs licensed to the Client pursuant to Clause 2 seen below. ‘Photographs’ refers to all photographic material produced by Hatch Media whether prints, digital files, or any other type of electronic or physical material.
2. Copyright and License to Use
a. Copyright
Hatch Media is the sole author of the photographs. The photographs shall be the photographer’s interpretation rather than a literal re-creation of the client brief. Hatch Media retains the entire copyright to the photographs at all times throughout the world.
b. Moral Rights
Hatch Media must be credited with the photography in any situation where the photography is used for PR purposes or in mainstream publication.
c. License to Use
The Client has the right to use the photographs only in the media, within the territory set out in Table 1. Extended usage is to be negotiated in writing with Hatch Media and subject to further fee. The License may not be transferred without written approval of Hatch Media.
Table 1. Guidelines for Additional Usage3. Ownership of Materials
Title to all photographs is the property of Hatch Media.
4. Exclusivity
The Agency, Advertiser or the Client will be authorized to publish the photographs to the exclusion of all other persons including Hatch Media for the duration of the license according to the usage rights designated therein. However, Hatch Media retains the right in all cases to use the photographs in any manner at any time in any part of the world for the purposes of promoting the work of Hatch Media. After the Exclusivity period indicated in the ‘License to Use’, Hatch Media shall be entitled to use the images for any purpose. On expiry of the initial Exclusive Period, the client will be offered the first right to extend the license upon payment of a further fee.
5. Indemnity
Hatch Media shall not be liable for any legal action, claim or damages resulting from the publication of the photographs or other use by the client. The Client shall indemnify Hatch Media against any claim/damages against him/her including reasonable Counsel fees arising from the clients use of the photographs and Hatch Media’s use of the photographs.
6. Price and Payment
The Client shall pay all expenses for the contracted Assignment. Assignments where the total cost estimate exceeds $2000, requires 100% payment of the production expenses and 50% of the fees before commencement of the job. Full payment is otherwise required within 14 days of receipt of invoice from Hatch Media.
7. Client Approval & Brief
A brief is to be supplied by the client unless previously discussed to be unnecessary. The Client is responsible for having a representative present during the “shooting” phases of the assignment and sign-off on the photographer’s interpretation of the brief. If no representative is present, then the photographer’s interpretation is to be accepted. Unless a rejection fee has been agreed in advance, there is no right of rejection.
8. Reshoots
Hatch Media will charge 100% of the fees and expenses for any reshoot requested by the Client.
9. Notification of Changes
Hatch Media reserves the right to revise our Terms and Conditions. Any changes are not retro-active, however our current Terms and Conditions will guide our relationship with our customers and clients. Continued use of the site constitutes acceptance of our current Terms and Conditions.
Prices for our products are listed in our products page and also during the ordering process. These prices are fixed however Hatch Media does reserve the right to change pricing.
10. Entire Agreement
These Terms represent the Entire Agreement between the two parties with respect to the subject matter and no alteration, modification or interpretation hereof shall be binding unless in writing and signed off by both parties.
