Photography & Videography Terms and Conditions

Thank you for choosing Ben King Photography. These terms are intended to make sure both parties are clear about how photography and videography work can be used, while allowing clients to enjoy and share the content created for them.

By submitting a booking, accepting a quotation, paying a deposit or invoice, or otherwise engaging Ben King Photography, the Client confirms that they have read and agree to these Terms and Conditions.

These Terms form part of the agreement between Ben King Photography and the Client and apply to the services and content provided for the relevant booking.

1. Services and Deliverables

The services and deliverables included in each booking will be agreed between Ben King Photography and the Client through the website, booking form, email, message, quotation, invoice or other written communication.

Depending on the service booked, deliverables may include:

  • professionally edited photographs;

  • fully edited and finished videos;

  • short-form video clips intended for direct use on social media; and

  • other content specifically agreed between the parties.

Unless otherwise agreed in writing, raw photographs, RAW files, unedited video footage, unused clips, project files, editing timelines and other source material are not included as part of the standard deliverables.

2. Copyright

Ben King Photography retains copyright in all photographs, videos, footage, clips and other creative work produced in connection with a booking.

For commissioned video work, the parties expressly agree that copyright remains with Ben King Photography and does not transfer to the Client.

Nothing in the booking, payment or delivery of the final files constitutes a transfer or assignment of copyright unless expressly agreed in writing.

3. Client Licence to Use the Content

Once full payment has been received, Ben King Photography grants the Client a non-exclusive licence to use the final delivered photographs and videos for the Client’s own business, marketing and social-media purposes.

This includes:

  • sharing the finished photographs and videos on the Client’s social-media accounts;

  • using them on the Client’s website;

  • including them in the Client’s marketing and promotional material; and

  • using them for advertising the Client’s own business.

This licence does not transfer copyright ownership to the Client and does not provide permission to authorise another person to edit, reproduce, repurpose or create derivative works from the Content.

If the Client would like to use the Content in another way, Ben King Photography is happy to discuss the proposed use.

4. Finished Work and Repurposing

The photographs, finished videos and social-media clips supplied by Ben King Photography are carefully created and edited as finished creative works.

To preserve the intended quality and creative direction of the work, the Client is asked to contact Ben King Photography before:

  • making significant edits or changes to photographs or finished videos;

  • having another photographer, videographer, editor or agency re-edit the Content;

  • taking sections from a finished video and using them as separate content;

  • combining clips from finished videos with other footage to create new videos;

  • creating still images or screenshots from videos for use as photographs; or

  • otherwise creating substantially different or derivative content from the finished work.

Additional edits, alternative versions or new content can be discussed with Ben King Photography at any time.

Normal technical adjustments made by social-media platforms, such as automatic compression, resizing or formatting, are permitted.

5. Social-Media Clips

Where Ben King Photography provides short video clips specifically for social-media use, those clips are intended for direct posting in the form supplied.

These clips are not supplied as editable source footage.

If the Client would like to use a clip as part of a different video, have an editor work with it, or otherwise repurpose it, the Client should contact Ben King Photography beforehand.

Additional editing or content can be arranged where required.

6. Raw Footage and Source Files

Raw video footage, unused clips, RAW photographs, project files, editing timelines and other source material are not normally included in the final deliverables.

These materials remain under the ownership and control of Ben King Photography unless specifically agreed otherwise in writing.

Where source material is separately supplied, licensed or purchased, the permitted use of that material will be subject to the terms agreed at that time.

7. Artificial Intelligence and Generative Technology

The photographs, videos, footage, clips and other creative material produced by Ben King Photography must not be uploaded to or processed by artificial intelligence, generative AI, machine-learning or automated content-generation systems without prior written permission.

This includes using the Content to:

  • generate new images or videos;

  • create altered or derivative content;

  • create AI-generated variations, extensions or modifications;

  • substantially alter elements of the Content using AI; or

  • train, fine-tune or contribute to an AI or machine-learning model.

This restriction also applies where AI or generative technology is used by an employee, contractor, editor, agency or other third party acting on behalf of the Client.

Requests for particular AI-related uses can be discussed with Ben King Photography on a case-by-case basis.

8. Moral Rights

Ben King Photography retains all applicable moral rights in the Content to the extent provided by Australian law.

The Content must not be falsely attributed to another person or represented as having been created by somebody other than the relevant creator.

The Content should also not be subjected to treatment that infringes applicable moral rights.

9. Working With the Client’s Team and Other Suppliers

The Client may provide final delivered files to employees or service providers where reasonably necessary to publish or distribute the Content on the Client’s behalf.

For example, a social-media manager may upload a finished Reel to the Client’s Instagram account.

Where another person or business is going to edit, alter, repurpose or create new content from the Work, the Client should contact Ben King Photography beforehand.

10. Portfolio and Promotional Use

Unless otherwise agreed in writing, **Ben King Photography may use photographs and videos created for the Client in its portfolio, website, social-media accounts, advertising and other promotional material.

If a project is confidential or particular Content should not be publicly displayed, the Client should advise Ben King Photography before the work is created.

11. Third-Party Materials

Some projects may include music, stock footage, fonts, graphics, models, talent or other material belonging to third parties.

Where this occurs, the Client’s use of that material may be subject to separate terms or licences.

The licence provided by Ben King Photography does not grant rights to third-party material that Ben King Photography does not own.

12. Payment and Delivery

Invoices and deposits are payable according to the payment terms provided at the time of booking.

Final Content will be delivered once the agreed balance has been paid in full.

Copyright ownership and the licence to use the final Deliverables are subject to full payment being received.

13. Additional Work

Requests for additional photographs, alternative video versions, further editing or other work outside the agreed Deliverables can be discussed with Ben King Photography.

Additional work may incur an additional fee, which will be agreed before the work is undertaken.

14. Cancellation and Rescheduling

Any cancellation or rescheduling arrangements applicable to a booking will be provided at the time of booking and form part of the agreement between Ben King Photography and the Client.

15. Unauthorised Use

The Client agrees to use the Content in accordance with these Terms.

If Content is used, reproduced, edited, repurposed, distributed or provided to another person in a way that is not permitted under these Terms, Ben King Photography may request that the relevant use is discontinued or that the Content is removed.

Where possible, any accidental or unintended use will be addressed cooperatively between the parties.

Nothing in these Terms limits any rights or remedies available to Ben King Photography under Australian law.

16. Changes to These Terms

Ben King Photography may update these Terms from time to time.

The version of these Terms that the Client agrees to at the time of booking will apply to that booking, unless the parties subsequently agree otherwise in writing.

17. Acceptance of These Terms

By submitting a booking, accepting a quotation, paying a deposit or invoice, or otherwise engaging Ben King Photography, the Client confirms that:

  • the Client has had the opportunity to read these Terms;

  • the Client understands how the Content provided may be used;

  • the Client agrees that these Terms form part of the agreement; and

  • the Client agrees to be bound by these Terms.

If the Client does not agree to these Terms, the Client should not proceed with the booking or engage Ben King Photography.