1. Agreement

This licence records the terms on which the Photographer supplies the Photographs to the Client. By signing this licence, accepting it electronically, paying for the Photographs after receiving these terms, or downloading the Photographs after being notified of these terms, the Client agrees to be bound by it.

2. Copyright ownership

The Photographer retains all copyright and other intellectual property rights in the Photographs.

The parties expressly agree that copyright remains with the Photographer, including where any Photograph is commissioned for a private or domestic purpose. This agreement is intended to vary any default ownership position that might otherwise apply under section 35(5) of the Copyright Act 1968 (Cth).

The purchase or delivery of a digital file, print or other copy of a Photograph does not transfer copyright to the Client.

3. Licence granted

Subject to full payment of all applicable fees, the Photographer grants the Client a personal, non-exclusive, non-transferable, non-sublicensable licence to use the Photographs solely for the Client’s private and non-commercial purposes.

The licence:

• begins when the applicable fees have been paid in full;

• applies worldwide;

• continues indefinitely unless terminated under clause 10; and

• does not prevent the Photographer from using or licensing the Photographs, subject to any separate privacy, confidentiality or image-use agreement with the Client.

4. Permitted uses

The Client may:

• view and store the Photographs on the Client’s personal devices;

• make reasonable backup copies;

• print the Photographs for personal display, personal albums or personal gifts;

• share copies privately with the Client’s family and friends;

• use the Photographs as personal device backgrounds or profile images; and

• post the Photographs on the Client’s personal, non-commercial social-media accounts, provided the use does not promote a business, product, service, organisation, fundraising activity or paid partnership.

The Client may give a Photograph to a printing or framing provider only to produce an item for a permitted use. That provider receives no independent right to retain, publish or otherwise use the Photograph.

5. Commercial use prohibited

The Client must not use, authorise or supply a Photograph for any commercial, professional, promotional or revenue-generating purpose without first obtaining a separate written commercial licence from the Photographer.

Prohibited uses include:

• advertising, marketing, publicity, sponsorship or product promotion;

• use on a business, professional, organisational or monetised website or social-media account;

• use in business profiles, portfolios, brochures, catalogues, signage, packaging, merchandise or media releases;

• paid publications, editorial publications or promotional submissions;

• use by an employer, business, charity, club, political group or other organisation;

• sale, licensing, rental, redistribution or inclusion in a product offered for sale;

• entry into a competition that acquires rights beyond judging and displaying the entry;

• use in connection with paid endorsements, affiliate links, subscriptions or advertising revenue;

• minting or selling the Photograph as an NFT or other digital asset; and

• uploading the Photograph to a stock-media library, generative-AI service, machine-learning dataset or similar system.

“Commercial use” includes a use intended to obtain money, customers, publicity, professional advantage or another business or organisational benefit, whether or not the Client receives payment directly.

If the Client is uncertain whether a proposed use is commercial, the Client must obtain the Photographer’s written approval before using the Photograph.

6. Editing and integrity

The Client may crop or resize a Photograph where reasonably necessary for a permitted use.

Without the Photographer’s prior written consent, the Client must not:

• materially alter, retouch, recolour, distort or manipulate a Photograph;

• apply filters or edits that materially change its appearance;

• remove a watermark, signature, copyright notice or embedded rights information;

• combine a Photograph with misleading, defamatory, unlawful or offensive material; or

• falsely identify another person as the photographer.

Nothing in this licence constitutes consent to conduct that would infringe the Photographer’s moral rights.

7. Attribution

When a Photograph is posted publicly online, the Client must, where reasonably practicable:

• credit the Photographer as “Bradshaw Photography”; and

• tag or link to any of:

  • bradshawphotography.au

  • https://www.instagram.com/bradshaw.photography.syd/

  • https://www.facebook.com/profile.php?id=61562815240711

A platform’s technical limitations will not constitute a breach if attribution is not reasonably practicable.

8. No transfer to other people

The Client must not assign, transfer or sublicense this licence. Family members and friends who receive a copy may view it or retain it as a personal gift, but may not publish, reproduce, edit, sell or otherwise use it independently.

A person or organisation wanting to use a Photograph must obtain permission directly from the Photographer.

9. Legal exceptions and consumer rights

Nothing in this licence excludes a use that cannot lawfully be restricted under the Copyright Act 1968 (Cth).

Nothing in this licence excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded, restricted or modified.

10. Breach and termination

If the Client breaches this licence, the Photographer may give the Client written notice requiring the breach to be remedied within a reasonable period.

If the breach is not remedied within that period—or cannot reasonably be remedied—the Photographer may terminate the licence by written notice. The licence may be terminated immediately for deliberate commercial exploitation, sale, sublicensing or unlawful use of a Photograph.

On termination, the Client must stop using the Photographs and, where reasonably possible, remove unauthorised public copies. Termination does not affect accrued rights or remedies.

11. Commercial-use enquiries

Commercial or professional use may be available under a separate written licence and may involve an additional fee. Requests should be sent to photography@sambradshaw.email before the proposed use begins.

12. General terms

This licence constitutes the entire agreement concerning the Client’s permitted use of the Photographs, except to the extent that it is incorporated into a broader photography agreement.

A variation or additional permission must be recorded in writing by the Photographer.

If a provision is invalid or unenforceable, it will be read down to the extent necessary or severed without affecting the remaining provisions.

A failure or delay in enforcing a right is not a waiver of that right.

This licence is governed by the laws of NSW. The parties submit to the courts of that State or Territory and courts entitled to hear appeals from them.

1. Agreement

This licence sets out the terms on which the Photographer permits the Client to use the Photograph.

By signing this licence, accepting it electronically, paying the licence fee after receiving these terms, or downloading the Photograph after being notified of these terms, the Client agrees to be bound by it.

2. Copyright ownership

The Photographer retains copyright and all other intellectual property rights in the Photograph.

The licence permits the Client to use the Photograph but does not sell, assign or transfer copyright or ownership of the Photograph to the Client.

3. Licence granted

Once the licence fee and all other applicable charges have been paid in full, the Photographer grants the Client a non-exclusive, non-transferable, non-sublicensable, worldwide licence to use the Photograph for the commercial promotion of the authorised business or brand identified in the Licence Details.

The Client may use the Photograph:

• on the Client’s business website, including ordinary landing pages and blog posts;

• on the Client’s business social-media accounts;

• in organic and paid digital advertising;

• in email marketing and electronic newsletters;

• in presentations and electronic promotional materials; and

• in printed promotional materials, including brochures, flyers, posters, advertisements, menus, reports and business signage.

The permitted use is ongoing and has no fixed expiry date, unless the Licence Details specify an expiry date or the licence is terminated for breach.

4. Limitations

Unless the Photographer gives prior written permission, the Client must not:

• use the Photograph for another business, brand, client or organisation;

• transfer, assign, sell, lend, share or sublicense the Photograph;

• provide the Photograph to another person except as permitted by clause 5;

• sell the Photograph or make it available as a standalone file;

• use the Photograph on merchandise, packaging or products offered for sale;

• include the Photograph in a template, stock-media collection, image library or downloadable product;

• allow customers or other third parties to customise or reproduce the Photograph;

• use the Photograph as a logo or trade mark;

• claim ownership or authorship of the Photograph;

• use the Photograph in a misleading, defamatory, unlawful, pornographic or discriminatory context;

• use the Photograph in a way that suggests a person depicted endorses a product, service, political cause or sensitive subject unless the required consent has been obtained;

• mint or sell the Photograph as an NFT or other digital asset; or

• upload the Photograph to a generative-AI service, machine-learning dataset or similar system for training, generation or model development.

Merchandise, packaging, resale, template and third-party client uses require a separate written licence.

5. Contractors and service providers

The Client may supply the Photograph to its employees, designers, printers, advertising agencies, web developers and other contractors solely to produce material for the Client under this licence.

The Client must ensure that those people:

• use the Photograph only for the Client’s authorised use;

• do not retain or reuse it for another purpose; and

• comply with the relevant restrictions in this licence.

No contractor or service provider receives an independent right to use the Photograph.

6. Editing

The Client may make basic edits reasonably required for a permitted use, including:

• cropping;

• resizing;

• changing file format;

• minor adjustments to brightness, contrast or colour;

• placing text, a logo or simple graphic elements over or beside the Photograph; and

• adapting the layout for different permitted platforms or print sizes.

Basic editing must not materially misrepresent the Photograph, substantially change its visual character or damage the Photographer’s reputation.

Extensive editing requires the Photographer’s prior written approval and may incur an additional fee. Extensive editing includes substantial retouching, object or person removal, compositing, background replacement, major colour alteration, AI-generated alteration or manipulation that changes the Photograph’s meaning.

The Photographer’s moral rights are not transferred or waived by this licence.

7. Attribution

If the Licence Details state that credit is required, the Client must provide the specified credit where reasonably practicable.

If the Licence Details state that no credit is required, the Client may use the Photograph without attribution but must not falsely attribute it to another person.

8. Exclusivity

This licence is non-exclusive. The Photographer may continue to use and license the Photograph to other people, including businesses in the same industry, unless the parties enter into a separate written exclusivity agreement.

9. Permissions relating to depicted material

This licence covers copyright in the Photograph only. It does not automatically grant rights in any trade mark, artwork, property, location or other material depicted in it.

Any model or property-release limitations disclosed by the Photographer form part of this licence. The Client is responsible for ensuring that its particular use complies with those limitations and with applicable law.

10. Breach and termination

If the Client breaches this licence, the Photographer may require the Client to remedy the breach within a reasonable period specified in writing.

The Photographer may terminate the licence if the breach is not remedied within that period. The Photographer may terminate it immediately for deliberate resale, sublicensing, unauthorised distribution or unlawful use.

Following termination, the Client must stop using the Photograph and remove it from materials under the Client’s reasonable control. Termination does not affect rights or remedies arising from an earlier breach.

11. Consumer rights

Nothing in this licence excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified.

12. General terms

Additional permission or a variation of this licence must be recorded in writing by the Photographer.

If a provision is invalid or unenforceable, it will be read down or severed without affecting the remaining provisions.

A failure or delay in enforcing a right does not waive that right.

This licence is governed by the laws of NSW. The parties submit to the courts of that State or Territory and courts entitled to hear appeals from them.

1. Agreement

This licence sets out the terms on which the Photographer permits the Client to use the Photograph.

By signing this licence, accepting it electronically, paying the licence fee after receiving these terms, or downloading the Photograph after being notified of these terms, the Client agrees to be bound by it.

2. Copyright ownership

The Photographer retains copyright and all other intellectual property rights in the Photograph.

The licence permits one limited commercial use. It does not sell, assign or transfer copyright or ownership of the Photograph to the Client.

3. Licence granted

Once the licence fee and all other applicable charges have been paid in full, the Photographer grants the Client a non-exclusive, non-transferable and non-sublicensable licence to publish the Photograph:

• as part of one commercial post or publication;

• on no more than two online platforms;

• through accounts or websites belonging to the authorised business or brand; and

• solely for the approved post or campaign identified in the Licence Details.

Examples of permitted use include:

• publishing the same promotional post on Facebook and Instagram;

• publishing the Photograph once in a blog post; or

• publishing it once on one social-media platform and once in a related blog post.

Use on two platforms must relate to the same promotion, announcement, article or campaign. Captions, dimensions and formatting may be adapted to suit each platform without creating an additional use.

4. Meaning of single use

“Single use” means one initial publication of the approved content on each approved platform.

Once properly published:

• an ordinary social-media feed post may remain visible in the Client’s historical feed;

• a blog post may remain available in the website’s dated blog or news archive; and

• the Client is not required to delete an archived post merely because the publication date has passed.

However, the Client must not:

• repost, republish, re-upload or reuse the Photograph in a later post;

• repeatedly share the Photograph as new content;

• use it in another campaign, promotion, article or announcement;

• use it on more than two platforms;

• use it as evergreen or regularly refreshed content;

• use it on a permanent or general website page;

• use it as a homepage banner, recurring advertisement or website background;

• use it as a profile picture, account avatar, header or cover photograph;

• pin or otherwise maintain the post as a permanent prominent feature;

• include it in an email campaign, newsletter or printed material; or

• materially extend the life or reach of the post through paid boosting unless written permission for that boosting appears in the Licence Details.

A new post, reuse or ongoing placement requires another single-use licence or an ongoing commercial licence.

5. Stories and temporary posts

A story or other temporary social-media publication counts as one platform use.

Saving a temporary post as a highlight, featured item or other ongoing display is not permitted under this licence.

6. Limitations

Unless the Photographer gives prior written permission, the Client must not:

• use the Photograph for another business, brand, client or organisation;

• transfer, assign, sell, lend, share or sublicense the Photograph;

• sell the Photograph or make it available as a standalone file;

• use the Photograph on merchandise, packaging or products offered for sale;

• include it in a stock library, template or downloadable product;

• use it as a logo or trade mark;

• claim ownership or authorship of it;

• use it in a misleading, defamatory, unlawful, pornographic or discriminatory context;

• use it in a way that suggests a person depicted endorses a product, service, political cause or sensitive subject unless the required consent has been obtained;

• mint or sell it as an NFT or other digital asset; or

• upload it to a generative-AI service, machine-learning dataset or similar system for training, generation or model development.

7. Contractors

The Client may supply the Photograph to an employee, social-media manager, designer or web developer solely to prepare and publish the approved post for the Client.

That person receives no independent right to use, retain, republish or distribute the Photograph. The Client must ensure that the person complies with this licence.

8. Editing

The Client may make basic edits reasonably required for the approved publication, including:

• cropping;

• resizing;

• changing file format;

• minor adjustments to brightness, contrast or colour;

• placing text, a logo or simple graphic elements over or beside the Photograph; and

• adapting its dimensions to the approved platforms.

Extensive editing requires the Photographer’s prior written approval and may incur an additional fee. Extensive editing includes substantial retouching, object or person removal, compositing, background replacement, major colour alteration, AI-generated alteration or manipulation that changes the Photograph’s meaning.

The Photographer’s moral rights are not transferred or waived by this licence.

9. Attribution

If the Licence Details state that credit is required, the Client must provide the specified credit where reasonably practicable.

If the Licence Details state that no credit is required, the Client may publish the Photograph without attribution but must not falsely attribute it to another person.

10. Publication deadline

The Photograph must first be published by the Publication Deadline stated in the Licence Details. If no deadline is specified, it must be published within 12 months after the Licence Date.

The licence expires without use if the Photograph is not published by that deadline, unless the Photographer agrees otherwise in writing.

11. Exclusivity

This licence is non-exclusive. The Photographer may continue to use and license the Photograph to other people, including businesses in the same industry, unless the parties enter into a separate written exclusivity agreement.

12. Permissions relating to depicted material

This licence covers copyright in the Photograph only. It does not automatically grant rights in any trade mark, artwork, property, location or other material depicted in it.

Any model or property-release limitations disclosed by the Photographer form part of this licence. The Client is responsible for ensuring that its particular use complies with those limitations and with applicable law.

13. Breach and termination

If the Client breaches this licence, the Photographer may require the Client to remedy the breach within a reasonable period specified in writing.

The Photographer may terminate the licence if the breach is not remedied within that period. The Photographer may terminate it immediately for deliberate resale, sublicensing, unauthorised distribution or unlawful use.

Following termination, the Client must stop using the Photograph and remove unauthorised copies from locations under the Client’s reasonable control. Termination does not affect rights or remedies arising from an earlier breach.

14. Consumer rights

Nothing in this licence excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified.

15. General terms

Additional permission or a variation of this licence must be recorded in writing by the Photographer.

If a provision is invalid or unenforceable, it will be read down or severed without affecting the remaining provisions.

A failure or delay in enforcing a right does not waive that right.

This licence is governed by the laws of NSW. The parties submit to the courts of that State or Territory and courts entitled to hear appeals from them.