Terms + Conditions

 
 
 

Photography and the Law

The Copyright Act provides that the duration of copyright for a photograph is the life of the author plus 50 years. Freedom of panorama is also allowed, with respect to photographs of sculptures and architectural works, and there is also protection for those who "incidentally and not deliberately include a work or other subject-matter in another work or other subject-matter."

Contracting: All photography will be under contract, whether it be a solo portraiture shoot (ie. model release agreement) or an event shoot (ie. contract for wedding photography), for the protection of both the Client and Photographer(s).

Contractual Confirmation: A signed “Contract for Photography Services” and payment of the booking fee are necessary to confirm the stated services from the Photographer.

Cooperation: The Clients and the Photographer consent to respectfully cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. The Clients also agree to give the Photographer sufficient warning of key events to give the Photographer time to prepare e.g. Bouquet throwing at weddings, guest of honour arrival, arrival of keynote speakers, etc. Please note that not all guests  like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people. Should these people exist in the party, the Clients agree to make them known to the Photographer(s). Image modification can be conducted if final images are to be openly shared but specific security concerns are to be addressed.

Copyright Law: The copyright of photographs remains with the Photographer. The Photographer grants the Clients permission to make copies of the images under the following conditions: 

  • The images taken by the Photographer are for personal use by the Clients and their friends and relatives.
  • Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
  • All images watermarked by JT. Foulds Photography remain the sole property of JT. Foulds Photography and have not been purchased by any client and therefore cannot be altered or used for personal or financial gain. Authorization will not be granted or offered to remove, crop out, or otherwise augment the watermark/logo of JT. Foulds Photography and purchase options are available.

Model Release(s): The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

  • NOTE: For Clients with addressed security concerns, a Model Release will not be offered or signed under the expressed understanding that the images will only be retained by the Photographer and not distributed.

RAW Imagery: At no point will any RAW image files be transferred. They will remain the sole property of JT. Foulds Photography.

Service Agreement: Booking fees are non-refundable retainers and will be due upon the signing of all shooting agreements. The "Booking Fee" is 50% of the amount agreed with the balance of the amount agreed due within 7 days after the day of the completed event/shoot.