Terms and Conditions for Use of Photographs

(Effective Date: 14/02/25)

These Terms and Conditions outline the rights and responsibilities of Stuart Macka Photography (“Photographer”) and the client (“Client”) regarding the use of photographs taken during a photoshoot. By booking a session with the Photographer, the Client agrees to the following terms:

1. Copyright and Ownership

1.1. The Photographer retains full copyright ownership of all images captured during the session, as per Australian copyright law. The Client does not obtain ownership of the images but is granted usage rights as specified in these terms.

1.2. The Photographer’s creative work, including but not limited to composition, editing, and post-processing, remains their intellectual property. No raw or unedited files will be provided under any circumstances.

1.3. The Client acknowledges that photography is an artistic service, and that the Photographer retains the right to control the final appearance of the images, including editing style and presentation.

1.4. The Client is prohibited from claiming the photographs as their own work, removing watermarks (if applicable), or using them in a manner that misrepresents the Photographer’s creative contribution.

1.5. If the Client wishes to purchase full copyright ownership of the images, a separate licensing agreement must be negotiated and signed, with additional fees applicable.

2. Usage Rights for the Photographer

2.1. The Photographer retains the right to use the images for promotional, marketing, and portfolio purposes, which may include but are not limited to:

• Display on the Photographer’s website, social media accounts, and online portfolios.

• Marketing materials such as business cards, brochures, advertisements, and online promotions.

• Submission to photography competitions, exhibitions, and industry awards.

• Use in editorial or blog content related to the Photographer’s business.

• Inclusion in printed or digital publications, including magazines, newspapers, or photography books.

2.2. The Photographer will not use images in a defamatory, misleading, or inappropriate manner.

2.3. If the Client does not wish for their images to be used for promotional purposes, they must notify the Photographer in writing before the session takes place. The Photographer reserves the right to charge an additional fee for the loss of promotional rights.

2.4. The Photographer may edit, crop, or modify the images for promotional use, ensuring the integrity of the original composition and representation of the subject.

2.5. The Photographer retains the right to store images indefinitely for archival purposes.

3. Usage Rights for the Client

3.1. The Client is granted personal use rights to the images, which allow them to:

• Print the images for personal display.

• Share the images on personal social media platforms, if credit is given to the Photographer where applicable.

• Use the images for personal online profiles, such as LinkedIn, dating apps, or personal blogs.

3.2. The Client may not:

• Sell, license, or distribute the images for commercial purposes without the Photographer’s prior written consent.

• Use the images for NFT creation, AI training, or other unauthorized digital uses.

• Edit, apply filters, or alter the images in a way that misrepresents the Photographer’s original work.

• Provide images to third parties for commercial use without prior approval.

• Submit the images to photography contests or publications without proper credit to the Photographer and prior consent.

3.3. If the Client wishes to use the images for business or commercial purposes, they must obtain a commercial usage license from the Photographer.

4. Third-Party Usage

4.1. The Client may not transfer, sell, or license the images to third parties.

4.2. If a third party expresses interest in using the images, they must contact the Photographer directly.

4.3. The Photographer will obtain a model release before selling recognizable images for commercial purposes.

4.4. The Photographer is not responsible for unauthorized third-party usage of publicly shared images.

5. Privacy and Consent

5.1. The Photographer respects the Client’s privacy and will not use images in an exploitative manner.

5.2. Clients may request certain images remain private.

5.3. The Photographer will not share images of minors without parental consent.

5.4. The Photographer may request permission before using images for marketing.

6. Image Storage and Retention

6.1. The Photographer is not responsible for permanent storage of the Client’s images.

6.2. Clients should download and back up their images.

6.3. Retrieval fees may apply for reissued images.

7. Modifications to Terms

7.1. These Terms and Conditions may be updated periodically.

7.2. Clients will be notified of significant changes.

7.3. The version of the Terms at the time of booking applies.

7.4. Clients can contact Stuart Macka Photography for clarifications.