*The below applies for any image work produced by Amaresh Wardha, or under the banner of any legal trading entity to which Amaresh Wardha holds ownership in [company, registered business etc]. This notice is made in public domain, and it is the responsibility to any part wishing to engage Amaresh Wardha in any capacity to read this notice, as all parties engaging with Amaresh Wardha or entities owned by Amaresh Wardha are directed to this domain prior to commencement. If Amaresh Wardha indicates the web domain: www.amareshwardha.com in any form of communication at the start or interactions, the responsibility lies with the other party to make themselves aware of these notices. Neglecting to read these notices is in no way acceptable at any stage.

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Under laws of the State of Victoria and Australian Legislation, all production work is the full ownership of the Amaresh Wardha, "The Creator" unless fully paid for by the client/subject to own those works, or be granted license to use such works. No work may be used, reproduced, copied, published, or distributed without written consent from Amaresh Wardha. This ruling stands unless entered into otherwise in writing with any party.

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Where applicable in any case where Amaresh Wardha has not been paid a fee by ANYONE, for the engagement of his time, advisory, production work, testing work, image editing and image outcomes, Amaresh Wardha reserves full rights to use such image in any capacity to recover the costs of such input at a reasonable and fair value. This applies to using the image work produced, if not paid for, in any commercial manner to recover on such expenses. This article falls in line with the Laws of Australia, as to a supplier recovering on expenses from non paid work.

 

Photography and Film on the Professional level is a systematic, and discplined approach, with methods and skill-sets possessed by very few, although there seems to be an abundance of people holding cameras nowdays. There are a large number of risks and expenses in producing quality work, and meeting deadlines of delivery. Amaresh Wardha thus operates on this principle and does not carry out any work for free. Pro Bono works are clearly identified and stated at the start of any project.

 

If any work carried out by Amaresh Wardha is not identified as "pro bono" in expressed written manner by Amaresh Wardha, at the start and commencement of such work, then such work has the commercial rates indicated below applied to it at all levels in any capacity. This includes the areas of:

- Still Photography

- Still Photography Outcome Image Edits

- Still Photography Training

- Video/Film Production

- Video/Film Editing

- Video/Film Performance Training

- Any Type of Graphic Design

- Any type of work effort in relation to image and design in any capacity.

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If no payment is made to Amaresh Wardha in any way shape or form, that constitutes a reasonable transaction, such work can be sold by Amaresh Wardha in any capacity to recover the costs and expenses incurred by Amaresh Wardha.

 

An example of this is any entity working with Amaresh Wardha that is not a client, but aiming to be an affiliate with Amaresh Wardha, whereby both parties aim to deliver projects for commercial outcomes to the market, whereby such entity falls shorts, changes their mind, or diverts their interest in the joint work, where the such party has been pointed out to fail in their obligations in any way, fully relinquishing all rights to Amaresh Wardha, or a legal trading entity owned by Amaresh Wardha, to use any image work produced, to recover the costs and expenses partaken in producing such work, and such entity having no legal claim to such work, or outcomes of the commercial trading of such work in any capacity whatsover. If such entity maintains their obligations in a reasonable manner, does not fall short or fail, then such entity can partake in portions of returns on commercial outcomes of such work. Should such entity fail, fall short, change their mind, or divert in any manner, that does not fulfil what was initially planned, then such party relinquishes all rights, unless that entity pays the fair balanced amount determined in a reasonable manner.

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Case Example: An individual wishing to pursue modelling, or commercial presenting work, enters into a work development program with Amaresh Wardha and any Legal Entity Owned by Amaresh Wardha. Such an individual is given directions and a plan to follow. Such individuals realise, from discussions at the start, that they must be trained to possess skills to be at least 90% proficient to carry out work assignments. Such skills [although talent may be present] are essential factors that form speed, ability to produce a result and delivered a skilled input into production work. Simply having talent potential is not enough. An individual starting in image work would be rated at $20/hr based on the starting category, whereby experience and skill develops, so that the time input value of such an individual increases to potentially $100-$150/hr for skilled proficient work. However the time, experience, skill and equipment value of Amaresh Wardha rates at $450/hr. There is a $430/hr difference in weighted comparison. So $330/hr is the rated benchmark of determining the differences in value. During the course of Development, if Amaresh Wardha is not charging fee's in full to such an individual, that individual starts to fall short, fails, gets distracted, diverted, or partakes in any behaviour that is different to what was planned at the start, and then states that they wish to stop; if such individual has put in some 20 hours to the equivalent rated value of $600, and Amaresh Wardha has put in 10hours advisory [$135/hr X 10 = $1350], 20 hours contact on production [$450 X 20 = $9000], 30 hours on post editing [$180 X 30 = $5400], 6 hours post work distribution [$135 X 6 = %810], this is reflective of commercial rates that Amaresh Wardha is normally paid for this resources by any commercial buyer. There is some $16,560 in industry benchmarked time for such commercial input from Amaresh Wardha. The talent has equated at $600. The affiliation has a balance owing to Amaresh Wardha at $16,560 - $600 = $15,960. The talent then fails to stick to the plan, changes their mind or diverts, then Amaresh Wardha is rationally and mathematically left with a $15,960 loss, as things have changed. Amaresh Wardha retains full rights to use any image work produced during this course to recover his cost outlays, and such an individual relinquishes any entitlements both fiscal and moral to attempt to own or hold claim to such works in any capacity, unless they pay Amaresh Wardha for losses incurred by their abandonment, or try to ask Amaresh Wardha for any monies in any capacity. This example an scenario applies to non human entities and organisations as well.

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Likewise, if Amaresh Wardha is to fall short of any agreements at the start of a working relationship, in a reasonable manner, then Amaresh Wardha will provide suitable alternatives or compensate the other part in a reasonable manner, due to this falling short, failing or diverting on the initial plans made clear between both parties. In all cases this would involve providing image proofs in raw or edited format to the other party to utilise in order to move forward, without facing any loss. This is not applicable if the other party indicates a termination from their end at any stage, where Amaresh Wardha has made a reasonable offer. In such instances the other party, forfeits, and holds no rights or claim against Amaresh Wardha in any capacity at any level.

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Methods such as 'Art Direction" follow principles essential to attaining the best image result. In the case of Art Direction being used on individuals in modelling circumstances to carry out a role, any feedback, guidance, direction or critique, provided is simply for the sake of getting the best image results. In no way is any feedback personally directed at the individual, their state of being or anything in relation to their natural human form. All parties that engage with Amaresh Wardha agree to this during and after any form of engagement with Amaresh Wardha.