Introduction
The Photographic Commission and Copyright Assignment Agreement below shall be agreed upon when AtTheGame contracts with the professional photographer to produce images such as photographs or graphics. This will ensure that copyright in all images is owned by AtTheGame
Governed by the Commonwealth Privacy Act 1988
The Agreement
" CURRENTLY ATTHEGAME IS NOT RECRUITING PHOTOGRAPHERS"
The Agreement below is a precedent document, that is, the relevant factual information for each particular case will need to be added.
The Agreement requires:
1. The name and ABN (Australian Business Number) of the Photographer to be added.
2. The photographers Certificate of currency for public liability insurance and workcover workers compensation insurance.
3. The commencement and completion dates to be added to Clause 1.
4. The contract fees and terms to be added
NOW IT IS AGREED as follows:
1. COMMISSION
The performance of this Agreement is to commence and the Photographer agrees to complete on or before the work (“the Work”) specified in the Schedule.
2. PAYMENT
AtTheGame will pay to the Photographer, in consideration of the Work and the agreements recorded in this Agreement, the sum of 50% of sales revenue exclusive of GST, payable as specified by AtTheGame preferably via the paypal system. Print prices will be determined by AtTheGame in conjunction with the photographers and current market trends.
3. ACCEPTANCE
The Photographer will use aesthetic skill and judgement to create the Work, and AtTheGame agrees to accept the completed Work unless AtTheGame can show that the Work was not executed substantially in accordance with this Agreement. If AtTheGame does not agree to accept the completed Work, no moneys will be payable by AtTheGame.
4. COPYRIGHT - OWNERSHIP
AtTheGame will be the owner of all copyright in all photographs, slides, negatives, transparencies and other images forming part of the Work (“the Contract Materials”). The Contract Materials will be taken to have been created under the direction and control of AtTheGame for the purpose of Section 176 of the Copyright Act 1968 (Commonwealth).
5. DELIVERY OF COPYRIGHT MATERIALS
The Photographer must deliver to AtTheGame all Contract Materials by the completion date specified in the schedule.
6. PHOTOGRAPHER’S COPYRIGHT AND OWNERSHIP WARRANTIES
6.1 The Photographer warrants to AtTheGame that:
(a) no photographs, slides, negatives, transparencies or other images existing prior to the date of this Agreement will be incorporated into the Contract Materials;
(b) no third party will have any Intellectual Property Rights or other property rights in any of the Contract Materials; and
(c) AtTheGame use of the Contract Materials will not infringe the Intellectual Property Rights of any third party.
6.2 In this Agreement “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and know-how and all other intellectual property rights resulting from intellectual activity.
7. WAIVER OF RIGHTS OF RECOVERY FROM AtTheGame
The Photographer waives all rights to recover from AtTheGame damages for any liability to the Photographer for personal injury to or death of the Photographer or for damage to any of the Photographer’s property or finances arising from the carrying out of the Work. This waiver does not operate to release AtTheGame from any liability from or attributable to a wrongful (including but not limited to negligent) act or omission on the part of AtTheGame.
8. INDEMNITY
The Photographer must keep AtTheGame indemnified against any loss, damage or legal liability in respect of personal injury to or death of any person or for damage to property or finances arising from the carrying out of the Work to the extent that such injury, death or damage or loss is attributable to a wrongful (including but not limited to negligent) act or omission of the Photographer or the Photographer’s employee, assistant(s), agent or sub-contractor.
9. INSURANCES
9.1 The Photographer must take out and keep current with an insurance office approved in writing by AtTheGame with the following insurance:-
(a) public risk insurance to cover liability for personal injury death or property damage arising from the Photographer’s obligations under this Agreement for an amount not less than Ten Million Dollars for any one claim or series of claims arising out of a single occurrence. The policy must extend to cover the Photographer’s employees, agents and sub-contractors engaged in the carrying out of the Work;
(b) personal accident insurance for an amount determined by the Photographer, and satisfactory to AtTheGame, to cover any personal injury suffered by the Photographer during the carrying out of the Work; workcover.
9.2 The Photographer will, if requested to do so, supply AtTheGame with certified copies or other satisfactory evidence of the insurance required to be taken out.
10. APPLICABLE LAW
This Agreement shall be governed by the laws of the Commonwealth and the parties submit to the jurisdiction of the Courts of the Commonwealth.
11. GOODS AND SERVICES TAX
11.1 Subject to any other provision of this Agreement expressing a contrary intention, if GST is imposed on a supply made under it, then the party paying for the supply must pay the amount of the GST to the party making the supply, at the same time as, and in addition to, the amount payable for the supply,
11.2 A party making a taxable supply under this Agreement must give the recipient a tax invoice for the taxable supply when that supply is made. The photographer must supply his or hers ABN number and be registered for GST.
11.3 In this clause “GST” refers to goods and services tax under A New Tax System (Goods and Services) Act 1999 (“GST Act”) and the terms used have the meanings as defined in the GST Act.
12. TERMINATION
12.1 AtTheGame may terminate this Agreement without cause being shown by the giving of seven (7) days written notice to the Photographer.
12.2 The Photographer may by written notice terminate this Agreement if AtTheGame fails, within seven (7) days after receipt of written notice, to remedy any default in the performance of its obligations or is in breach of any of the covenants or conditions contained in this Agreement. The termination will be effective immediately upon AtTheGame receipt of the notice and the Photographer may then recover from AtTheGame any loss or damage suffered by the Photographer as a consequence of the default.
12.3 If this Agreement is terminated pursuant to clause 12.1 Atthegame will only be liable to make payments pursuant to Clause 2 for services rendered and Work performed before the effective date of termination and will not be liable to make any other payments whatsoever.
13. CONTINUING OBLIGATIONS
The termination or expiration of this Agreement does not extinguish a debt, obligation or liability of either of the parties which may have accrued under the Agreement and in particular the provisions, rights and obligations described in Clauses 6, 7, 8, 11 and 12 will survive and continue to apply.
14. NOTICES
14.1 A notice or other communication to be given or made pursuant to this Agreement must be in writing and addressed to the parties at their respective addresses specified in the Schedule.
14.2 A notice or other communication is taken to have been duly served:-
(a) in the case of hand delivery, when delivered;
(b) if sent by prepaid post on the fifth day after the date of posting;
(c) if sent by facsimile transmission (provided that the sending facsimile machine produces a print out of the time date and uninterrupted transmission record of the sending of the notice) – upon completion of sending if such completion is within ordinary business hours in the place where the recipient’s facsimile machine is located, but if not, then at 9.00 a.m. on the next ordinary business day in that place.
CONTRACT SCHEDULE
A. The Work
The Photographer is an exclusive member to AtTheGame and is contracted though the membership exclusive rights to complete and deliver the works described as follows:
1. The Photographer must always follow instructions set out by AtTheGame, Event or ground owner, tenant and or the governing body of the sporting event marketed.
2. The Photographer agrees to promote AtTheGame at all times, by addressing the public and offering directions and instruction towards www.AtTheGame.com.au web site, This includes printing and manually handing out marketing materials
3. The Photographer agrees to always act in a SAFE manor, remaining out of the field of play or strike zones, as set out by each, events management and the sporting codes governing body.
4. The Photographer agrees to strictly adhere to each sporting codes governing body, Privacy laws and copywrite regulations, The Photographer is responsible for obtaining information to all sporting codes governing body, Privacy laws and copy write regulations. This includes but is not limited to the use of contracted personnel and sponsorship billboards, advertising logo’s, etc being 100% omitted from photographs
5. The contracted photographer is required to provide all necessary technical equipment for each location, as discussed with AtTheGame.
6. The photographer is responsible for managing and creating an install package that will install the software required for uploading pics to www.AtTheGame.com.au and record details of all content and data on the discs for commercial sales of the prints. AtTheGame will supply step by step instructions on how to upload pictures etc, We recommend ADSL2+ internet connection for high speed uploading.
7. The Photographer is responsible for all transport to and from location, The Photographer is also responsible for physically obtaining the correct Press passes and security clearances to access each location / sports stadium / event.
8. The Photographer & or Assistant is required to be at each venue 1 hr prior to the start of the main sporting event, familiarise themselves with the location/ stadiums/ etc. and plan how each area will be photographed. The Photographer is required to remain at the event taking pictures for at least a min of 30 minutes after the end of play, unless otherwise advised.
9. The Photographer must be able to take a minimum of 500 pictures per event, there is no maximum amount.
10. At certain events The Photographer will require an assistant or spotter and on occasion promotional material(s) may be required to accompany the photographer during an event. All marketing shall be approved by AtTheGame prior to an event.
11. The photographer will be issued with statements showing sales, revenue and payments
2. Contract Fee
The Photographer will be paid the sum of 50% of the photographers own total sales revenue, exclusive of GST, payable by way of paypal or bpay in the following instalments subject to the Work having been carried out to the satisfaction of AtTheGame.
Photographers - Fee schedules.
REVISION Date: 24th April 2008.
Trial Period
· First 2 games/events.
· Paid - 50% of photographers total sales, with $0.00 retainers
Photographer ATG.
· Retainer : $50.00 per game.
· Paid 50% sales once sales surpass plus $50.00.
· Sales commission capped to a maximum $4000.00 per game/or event
Lead Photographer:
· Retainer : $150.00 + GST per game/event.
· Paid 50% of sales once sales surpass plus $50.00
· Sales commission capped to a maximum $15,500.00 including GST per event.
Photography Media Manager:
· Approved Applicant only-Approval Via ATG Board of Directors
· Uncapped.
1. $[30 days] (first instalment)
2. $[60 days] (second instalment)
3. $[90 days] (third instalment)
4. $[120 days] (fourth instalment)
THE PHOTOGRAPHER SHALL INVOICE AtTheGame POST EVENT SALES..
The above payment is inclusive of all the Photographer’s costs and expenses including (but not limited to) all travel, accommodation, pre-shoot research, the shoot, film and lighting.
No other moneys will be payable by AtTheGame.