Photography Services — Client Agreement

Dan O'Brien Creative  ·  Melbourne, Victoria  ·  Effective 2024

01  Introduction

These terms and conditions govern the relationship between Dan O'Brien Creative (ABN: 25669508230) (“the Photographer”) and the client (“you”) in relation to all photography services, image files, and associated deliverables. By engaging Dan O'Brien Creative or accepting delivery of images, you agree to be bound by these terms.

Please read this document carefully. If you have any questions before confirming a booking, contact us prior to your session date.

02  Age Requirements

To book a photography session with Dan O’Brien Creative, the client must be 18 years of age or older at the time of booking. Where the client is also the subject of the shoot, they must likewise be 18 years of age or older at the time the session takes place.

By confirming a booking, you confirm that you are aged 18 or over and, where applicable, that any subject of the shoot who is also the client meets this requirement.

Dan O’Brien Creative does not photograph minors (persons under 18 years of age) as the primary or sole subject of a shoot unless a separate written agreement has been entered into, a parent or legal guardian is present throughout the session, and written parental or guardian consent has been provided in advance.

The Photographer reserves the right to request proof of age prior to confirming any booking. If a client is found to have misrepresented their age, the Photographer reserves the right to cancel the session and retain the booking fee.

03  Copyright & Ownership

All photographs produced by Dan O'Brien Creative are original works protected under the Copyright Act 1968 (Cth). Copyright in all images remains the exclusive property of the Photographer at all times, regardless of payment or delivery of files.

Paying for a photography session or receiving image files does not transfer copyright ownership. You are purchasing a licence to use the images, not the images themselves.

The Photographer retains the right to use any images for portfolio, exhibition, marketing, and editorial purposes unless a written confidentiality agreement has been separately agreed prior to the session.

04  Licence Granted to Client

Upon receipt of full payment, the Photographer grants you a non-exclusive, non-transferable licence to use the delivered images in accordance with the terms below for up to two years. This licence is personal to you and may not be assigned or sublicensed to any third party without prior written consent.

Permitted uses:

✓     Personal use — printing, framing, sharing with family and friends

✓     Personal social media — posting to your own personal accounts with appropriate credit

✓     Business promotion — use on your own website, social media, press kits, and marketing materials to promote your own products, services, or brand

✓     Editorial use — media coverage that has been created by you and relating directly to you or your business

✓     Internal use — staff communications, presentations, internal documents

05  Prohibited Uses

The following uses are expressly prohibited without prior written agreement and additional licensing fees:

✕     Selling, licensing, or sub-licensing the images to any third party for financial gain

✕     Including images in any commercial product for resale (prints, merchandise, NFTs, stock libraries, etc.)

✕     Submitting images to stock photography platforms or image libraries

✕     Using images in advertising campaigns for brands or products other than your own

✕     Cropping, altering, or applying filters in a way that misrepresents the original work or the subject

✕     Removing or obscuring any watermark or copyright notice attached to images

✕     Transferring this licence to another person or entity without written consent

06  Extended & Commercial Licensing

If you require usage beyond the scope of the standard licence — including advertising campaigns, stock distribution, product packaging, or any arrangement involving direct revenue generated from the images — an extended commercial licence must be negotiated and agreed in writing before delivery of files.

Commercial licensing fees vary based on intended use, distribution scale, and exclusivity. Please contact Dan O'Brien Creative to discuss your requirements.

07  Credit & Attribution

Where images are published online or in print, the Photographer appreciates credit in the form of Photo: Dan O'Brien Creative or @danobriencreative. While not always mandatory, credit is requested as a professional courtesy and supports the ongoing work of independent photographers.

08  Bookings, Payment & Cancellation

A non-refundable booking fee is required to secure your session date. This fee is deducted from your total balance. The remaining balance is due prior to or on the day of your session unless otherwise agreed in writing.

Cancellations made with less than 48 hours notice forfeit the booking fee. Rescheduling requests with more than 48 hours notice may be accommodated at the Photographer's discretion, subject to availability.

In the event that the Photographer must cancel due to illness, emergency, or circumstances beyond their control, all fees paid will be refunded in full or an alternative session date offered.

09  Image Delivery & Turnaround

Edited images will be delivered via an online gallery within the timeframe communicated at the time of booking. Typical turnaround is 1–3 weeks depending on session type and current booking volume. Rush delivery may be available upon request and may incur an additional fee.

Gallery links are provided for a limited access period. It is the client's responsibility to download and back up images within this window. Dan O'Brien Creative is not obligated to store or redeliver files after the gallery has expired.

10  Editing & Retouching

All delivered images are professionally edited to the Photographer's standard. Minor retouching is included as communicated at the time of booking. Extensive retouching requests beyond the agreed scope may incur additional fees.

Clients may not apply third-party filters or significant post-processing to images if doing so materially alters the work and is used in a public-facing context. Minor personal adjustments for personal use are permitted.

11  Limitation of Liability

Dan O'Brien Creative will take all reasonable care during your session. In the unlikely event of equipment failure, unforeseen circumstances, or circumstances outside the Photographer's control that affect image quality or delivery, liability is limited to a refund of fees paid. No consequential, indirect, or special damages will be accepted.

It is recommended that clients engaged in commercial shoots arrange their own content insurance for high-value campaigns.

12  Governing Law

These terms are governed by the laws of the State of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.