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Assignment of Trade 2010
Assignment of Trade 2010
1. DEFINITIONS
For the purpose of this Agreement “the Agency” and the “Advertiser 7. PAYMENT
shall include their respective successors and permitted assignees The Client shall pay all expenses referred to herein. The client will
and where there is no agency or advertiser, all references in this accept all responsibility for all additional fees and expenses incurred
agreement to either shall mean the Client. due to changes initiated by the client, verbal or otherwise. All
“BUR” means the Base Usage Rate charged overleaf and includes assignments where the total cost estimate exceeds AUD$3500.00
first use of the Photographs. Any additional usage is subject to require payment of 100% of the Production Expenses and 50% of the
clause 2. fees before commencement. All figures are in AUD$ Australian dollars
“Licence” means those rights in the Photographs licensed to the and exclude 10%GST and other taxes unless stated otherwise on
Client pursuant to clause 2. estimates and invoices. Full payment is otherwise required within 7
“Photographs” means all photographic material furnished by the days of receipt of final invoice. Please note: Australian taxation laws
Photographer, whether transparencies, negatives, prints or any other state 10% GST is payable by overseas companies in the event final
type of physical or electronic material. payment exceeds 60 days from the initial advance payment.
4. LOSS OR DAMAGE Weather postponements: Unless otherwise agreed, the Client will be
Reimbursement by the Client for loss or damage of each original charged 100% of the fee is the postponement is due to weather
photographic transparency or film negative shall be in the amount conditions on location, and 50% of the fee is postponement occurs
of Two Thousand Dollars ($2000). The Photographer and Client before departure to the location.
agree that the said amount represents the fair and reasonable value
of each item. 12. RESHOOTS
The Photographer will charge 100% of his/her fees, charges and
5. EXCLUSIVITY expenses on any reshoot requested by the Client.
The Agency and Advertiser will be authorised to publish the
photographs to the exclusion of all other persons including the 13. INVOICE
Photographer for the duration of the Licence according to the The final invoice will be within 10% of the estimate, providing the brief
usage rights designated therein. However, the Photographer retains remains unchanged.
the right in all cases to use the photographs in any manner at any
time and in any part of the world for the purposes of advertising or 14. ELECTRONIC DATA
otherwise promote his/her work. After the exclusivity period The Client shall not electronically or by any other means, methods
indicated in the Licence to Use the Photographer shall be entitled to or processes, whether now known or hereafter developed, in any
use the photographs for any purposes. On expiry of first initial manner use, scan, reproduce, copy, store or alter any Photograph
exclusive period, the Client will be offered the first right to extend the in whole or in part except as expressly agreed overleaf or with the
licence upon payment of a further fee. subsequent written agreement of the Photographer.