Terms & Conditions

Please read and understand the Terms & Conditions statement below.

If you have any questions please email me.

  1. You undertake that the information that you supply for either commissioned work, or for the use of an image from the library of Simon Baker, is complete and true.
  2. Intellectual property rights vested in this site, including all copyrights, text, images, videos, banners and any material it contains, belongs to Simon Baker.
  3. Any and all reproduction rights granted are: a) limited to a single use in a single publication, for the period of time and territory specified in the application for reproduction rights; b) not exclusive to the client except where expressly agreed in writing by Simon Baker; c) personal to the client and may not be transferred or licensed to any third party; d) by way of licence only and no partial or other assignment of copyright shall be implied. e) on the understanding that all copies of the image are destroyed on the completion of the job for which they were purchased.
  4. All images/videos, whether from commissioned work or from the library, remain the copyright of Simon Baker unless otherwise agreed in writing.
  5. The payment of a reproduction fee for an image from my library does not constitute a model release. It is your responsibility to ensure that permission is obtained to use names, people, trade marks, registered designs, copyright works or works of art depicted in any image.
  6. All images/videos on this site are NOT ‘model released’, unless otherwise stated.
  7. The Client agrees to indemnify and hold harmless the Photographer and the Agency against any and all claims, costs and expenses, including legal costs, arising when no model or property release has been provided to the Client by the Agency or when the uses exceed the uses allowed pursuant to such a release.
  8. Each and every use of an image/video obtained from Simon Baker for editorial use must be accompanied by a credit to Simon Baker, who reserves the right to charge a penalty fee of 50% of the reproduction fee where this obligation is not fulfilled.
  9. Pornographic, defamatory, libelous or otherwise unlawful use of any of Simon Baker’s images/videos is strictly prohibited whether directly or in context or juxtaposition with specific subject matter.
  10. While all care is taken in the preparation of this site and the material it contains, in particular the identification and captioning of images, the site may contain inaccuracies, typographical or other errors and may be changed or updated at any time without notice. Simon Baker makes no warranties or representations, expressed or implied, as to the quality, fitness for purpose, or accuracy of the contents of this site and accepts no liability or responsibility for losses or damage incurred by any party, including indirect or consequential losses or damage, as result of any failure in quality, error or misinformation contained in this site.
  11. Simon Baker does not accept liability or responsibility for any damage, claims, penalties, losses, costs or expenses incurred by any party, whether caused directly , indirectly, consequentially or otherwise, arising from the use of or inability to use this site or from any unauthorised access to or alteration of this site.
  12. Simon Baker does not accept liability or responsibility for any damaged or irretrievable images/videos from any form of back up media caused directly , indirectly, consequentially or otherwise, arising from damaged or unreadable media.
  13. Any, or all, raw footage from a video project will not be released to the client, or a third party, unless agreed upon in writing before the commencement of said project or a release fee is paid in full.
  14. If any invoice remains unpaid, Simon Baker reserves the right to add all debt collection agency fees and all other costs involved in retrieving payment to the original invoice amount. Any copyright does not pass onto the Client until payment has been made in full.
  15. This agreement shall be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. This agreement constitutes the full understanding between the parties hereto. Its terms may only be modified by a written instrument signed by both parties. A waiver of a breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
  16. These terms are governed by and will be interpreted in accordance with the laws of New Zealand.
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