Terms of Service

Nick Wigmore Photography Terms and Conditions

1st January 2022

Our terms of trade are set out below and govern our business relationship with companies and individuals. Please read them carefully.

Application of terms and conditions

These terms apply to all trade carried out between Nicholas Geoffrey Wigmore Pty Ltd trading as Nick Wigmore Photography (here after referred to as “Nick Wigmore Photography”) and all companies and individuals (hereafter referred to as the Licensee) that appoint Nick Wigmore Photography to create imaging and other artistic content.

These terms are effective from the above date until these terms of trade are replaced by another document.

By using the services of Nick Wigmore Photography you are agreeing to be bound by the terms of this agreement.

The Agreement

This agreement is for a Non-Exclusive Licence of Copyrighted material to be granted to the licensee for a set period.

Commercial license is not perpetual. It is for an agreed term of 6 months from the date of the shoot. This licence grants the licensee the rights to use the resultant artistic works associated with the booking (e.g. photographic images, videos etc. ) in their marketing only, for six calendar months.

User license is perpetual. It is for perpetuity from the date of the shoot. This licence grants the licensee the rights to use the resultant artistic works associated with the booking (e.g. photographic images, videos etc. ) for their personal use only, for perpetuity.

For the full and comprehensive terms of the End User Licensing Agreement (EULA) can be found at End User Licensing Agreement (nickwigmore.com)

The licensee is the only entity who can use the copyright material in the way or ways covered by this licence agreement.

This licence is not transferable by the initiating licensee.

Copyright

The Copyright for all photographs (and other artistic works) produced by Nick Wigmore Photography during a photographic shoot remains the property of Nick Wigmore Photography and are protected under local and international copyright laws.

Use of any image for any additional marketing or promotion, such as for a business or individual (including any use by media, businesses or individuals in any print or web publication), is a violation of copyright and of this agreement.

Alteration by the licensee or any third party of any content delivered under this agreement is prohibited.

For further information on Copyright please visit: https://www.ag.gov.au/rights-and-protections/copyright

Our Guarantee

Nick Wigmore Photography guarantees all of our work. If a client is not happy with the work carried out, then a we will work with the customer to rectify the issue. If the client is still not happy, no fee will be charged. If no fee is paid then all work produced by Nick Wigmore Photography must not be used in any way, shape or form. However the use of any of the images will constitute an acceptance of the work, and of the terms and conditions laid out in this document.

Damage

Although all care is taken while photographing every person / property / thing, Nick Wigmore Photography and it’s representatives accepts no responsibility for any damage or breakages during this process.

Nick Wigmore Photography and /or its staff shall not be held liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use.

Payment

All fees must be paid to Nick Wigmore Photography within 14 days of account unless otherwise determined in writing between Nick Wigmore Photography and the agent.

Bad Debt

If a company or individual arranges for Nick Wigmore Photography to photograph a property, person or thing for their own purposes or on behalf of someone else and does not pay for that service within the required time, the amount owed by the company or individual is a bad debt of the company or individual.

If an individual arranges for Nick Wigmore Photography to photograph a property, person or thing on his/her own behalf and does not pay for that service within the required time, the amount owed by the individual is a bad debt of that individual.

Recovery of Payment

All bad debts will be passed on to a debt collecting service. All costs relating to the recovery of overdue accounts will be added to the original fees and must be paid by the person / company who made the booking.

By using the photos or other creative works supplied by Nick Wigmore Photography you are agreeing to the above Terms and Conditions.

Last updated: August 2023