Commercial Terms and Conditions

1. Definitions

Photographer refers to William Kelly Photography.
Client refers to the individual, company, or agency commissioning the work.
Work refers to all photographic services, digital files, and deliverables agreed upon in writing.

2. Booking & Confirmation

A commercial booking is confirmed once:

• A written agreement or estimate has been approved, and

• The required deposit (if applicable) has been paid.

William Kelly Photography reserves the right to decline or reschedule projects at its discretion.

3. Fees & Payment

• All fees will be outlined in the approved estimate or invoice.

• A deposit may be required to secure the booking date.

• The remaining balance is due within the timeframe specified on the invoice (typically 7–14 days unless otherwise agreed).

• Late payments may incur additional fees.

All pricing excludes GST unless stated otherwise.

4. Scope of Work

The services to be delivered will be clearly outlined in the approved estimate, including:

• Shoot duration

• Locations

• Number of final images

• Post-production level

• Usage rights

Any additional work beyond the agreed scope (including extended shoot time, additional edits, or reshoots) will be billed separately.

5. Creative Control

William Kelly Photography retains full creative control over:

• Composition

• Lighting

• Styling direction (where applicable)

• Post-production and final image selection

While collaboration is encouraged, final artistic decisions remain with the Photographer.

6. Image Delivery

• Final images will be delivered via secure online gallery or digital transfer.

• Delivery timelines will be outlined in the project agreement.

• Expedited delivery may be available at an additional fee.

Raw (unedited) files are not provided unless agreed in writing.

7. Usage & Licensing

Unless otherwise agreed in writing:

• Copyright remains with William Kelly Photography.

• The Client is granted a non-exclusive license to use the images for the agreed purpose and duration outlined in the estimate.

• Usage beyond the agreed scope (including additional platforms, paid advertising, or extended duration) requires written approval and may incur additional fees.

Images may not be altered, filtered, or heavily retouched without written consent.

8. Credit & Portfolio Use

William Kelly Photography retains the right to use commissioned work for:

• Portfolio

• Website

• Social media

• Marketing and promotional materials

If confidentiality is required, this must be agreed upon in writing prior to the shoot.

Where appropriate, image credit should read:
Photography by William Kelly

9. Cancellations & Rescheduling

• Cancellations within 7 days of the shoot may result in forfeiture of deposit.

• Rescheduling due to weather or unforeseen circumstances will be accommodated where possible.

• If the Client cancels after work has commenced (planning, location scouting, etc.), fees may apply.

10. Client Responsibilities

The Client agrees to:

• Obtain necessary location permits

• Secure talent/model releases where required

• Provide clear brief and deliverables

• Ensure timely approvals to avoid delays

The Photographer is not responsible for delays caused by third parties.

11. Limitation of Liability

In the unlikely event of:

• Equipment failure

• Illness

• Circumstances beyond reasonable control

Liability is limited to the amount paid by the Client.

William Kelly Photography is not responsible for indirect or consequential damages.

12. Force Majeure

The Photographer shall not be liable for failure to perform due to events beyond reasonable control, including but not limited to natural disasters, government restrictions, illness, or venue closure.

13. Alteration and Artificial Intelligence

Unless expressly authorised in writing by William Kelly Photography, the Client must not alter, edit, manipulate, modify, adapt, distort, crop, recolour, retouch, apply filters to, or otherwise create derivative works from any photographs, digital files or other content supplied by William Kelly Photography.

This prohibition includes, but is not limited to, the use of artificial intelligence (AI), machine learning, generative AI, image generation, image enhancement, restoration, editing, upscaling, or similar technologies to modify, manipulate, recreate, enhance, extend, transform, or generate derivative works from the supplied content.

The Client must use all images only in the original form supplied by William Kelly Photography unless prior written approval has been obtained.

The Client must not upload, submit, scrape, licence, or otherwise make the supplied content available for the purpose of training, testing, validating, fine-tuning, or developing any artificial intelligence, machine learning, or similar automated systems.

Any unauthorised alteration or use of the supplied content, including use with artificial intelligence technologies, constitutes a breach of these Terms and the licence granted to the Client. William Kelly Photography accepts no responsibility or liability for any loss, damage, claim, or consequence arising from the Client's unauthorised modification or use of the supplied content. No licence or permission is granted for the supplied content to be used in any dataset, model, training corpus, or automated content generation system.

14. Governing Law

These Terms are governed by Queensland state & Australian federal laws.