Peak Action Images Terms

Use of Childrens Images
DARREN J WHITE PHOTOGRAPHY provides a service to parents and players of all age groups at all levels of sport. Most people taking photos of children at sporting events are doing so for acceptable reasons and are using appropriate methods, for example, a parent videoing their child at a sports presentation or photographing their child on the field during play or a professional photographer taking photos for a club. A significant part of our business involves junior sports. We understand the sensitivity of this topic which often receives negative media coverage. Our policy on images of children with sport is consistent with the guidelines (this is not law) produced by the Australian Sports Commission - with the exception of the impracticality often in obtaining permission from the child’s parent/guardian prior to taking the images of a child or young person (eg at sporting carnivals, team sports etc where parents are often absent). Instead our policy is that the club and if possible the team managers are approached prior to the event for permission to take photos. Note that In Australia, generally speaking, there is no law restricting photography of people (including children) in public spaces as long as the images are not considered as:
* indecent (such as “up skirt” or “downblouse” photographs taken covertly in change rooms, toilets or other invasions of privacy)
* being used for voyeurism or made for the purpose of observing and visually recording the other person’s genital or anal region
* protected by a court order (eg. child custody or witness protection)
* defamatory
* being used for commercial purposes (person’s likeness is used to entice people to buy or it appears they are endorsing a product) - (note that displaying and selling photos to the public from a photographers website is not considered commmercial use)

Our website holds pictures of junior games for up to 12 months. No individual's names, or other personal details of any kind are captured or displayed. Also note that a login and password is required to view junior galleries. Individual images will be removed on request without question. Photos may also be displayed for purchase onsite.

All photographers of DARREN J WHITE PHOTOGRAPHY have the necessary Blue Card required for professional photography of juniors in Queensland.

Intellectual Property
PEAK ACTION IMAGES owns all copyright and other intellectual property rights in all of the photographs, images and all other matters associated with this site. PEAK ACTION IMAGES welcomes the use of this site provided that you recognise all copyright, trademark and other proprietary. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any photograph, image or other portion of this site without PEAK ACTION IMAGES’s prior written permission.
PEAK ACTION IMAGES reserves all rights in relation to recovery of images and compensation for any breach of copyright.

Alterations and Amendments
We may at our discretion, change, modify, add or remove terms and conditions and the website at any time. Please check periodically for changes. Continued use of this site after any changes will mean you accept any changes that may be made from time to time.

No warranty
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect, PEAK ACTION IMAGES cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. We provide the PEAK ACTION IMAGES website and our services “as is” and without any warranty or condition, express or implied. PEAK ACTION IMAGES makes no warranty that the services and materials will meet your requirements or that the services will be uninterrupted, secure, or error-free.

Terms & Conditions of Digital Image Supply
You may request in writing to PEAK ACTION IMAGES to be supplied with an image or images for certain specified uses. Such request will require a written agreement to be reached between you and PEAK ACTION IMAGES governing the use of the image or images.PEAK ACTION IMAGES retains at all times ownership in the copyright of all images supplied. Further any image supplied is not model released. You shall have full responsibility to obtain model release (being the permission from athlete or sporting organisation) on any image or images being used by you pursuant to a written agreement with PEAK ACTION IMAGES. Copies of all layouts using PEAK ACTION IMAGES imagery must be supplied to PEAK ACTION IMAGES for approval prior to the use thereof. A reproduction fee of $140 (plus GST) per image will be charged if any supplied scan and /or digital PEAK ACTION IMAGES image has been used as a print, photocopy, proposal, layout or has been forwarded by you to a third party. All requests for digital submissions will attract a search and delivery fee of $35 (plus GST), provided that none of the images are used or reproduced.All potential usage and relevant fees must be agreed in writing before reproduction.No images may be stored, manipulated, distributed or altered in any way whether supplied as low or high resolution, unless otherwise specified, or licensed to do so.

Applicable Law
These terms and conditions are to be governed by, construed and enforced in accordance with the laws of Australia. Any action that you or any third party may bring in connection with this policy, shall be brought only in the courts of Australia, and you expressly consent to the jurisdiction of the courts of Australia.

System Integrity
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of PEAK ACTION IMAGES's site or any service being provided on our site. You agree not to take any action that imposes an unreasonable or disproportionately large load on our web site infrastructure. If you are issued a password, you agree not to disclose your password to any third party or to use your password for any unauthorised purpose.

Web Links
PEAK ACTION IMAGES may display URLs or icons which allow you to link to other web sites, including, without limitation, sites which are operated by third parties and which are not maintained by PEAK ACTION IMAGES. PEAK ACTION IMAGES makes no representations whatsoever about any other website to which you may have access through this site. Any content, services, representations or warranties made on such other website are the sole responsibility of the operator of those sites and PEAK ACTION IMAGES assumes no responsibility for any of the content, the operation or the services provided thereon.

Severability
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

Currency
Unless otherwise indicated, all dollar amounts referred to in this website provided by PEAK ACTION IMAGES are in Australia Dollars.

Additional Information
Questions regarding this statement should be directed to: darren@PeakActionImages.com