Image Procurement, Rights, Consent & Usage Policy
Issued by: Cooke Industries Pty Ltd (ABN 74 648 321 242), referred to herein as “Cooke Industries”.
Version 1.0 – effective 22 October 2026
Introduction
Cooke Industries supplies products and services to businesses and customers across the pool industry.
From time to time, Cooke Industries may showcase or promote businesses that use its products or services, their projects, installations, products, employees, industry events, or other related activities. This may include publishing photographs submitted by customers, business partners or other contributors across Cooke Industries’ website, social media, marketing materials and other promotional channels.
This Policy explains the requirements for submitting photographs to Cooke Industries, the permissions required for their use, and how Cooke Industries may use, attribute or cease using submitted photographs.
1. Purpose and Scope
1.1 This Policy sets out how Cooke Industries sources, receives and uses photos from businesses and individuals, including photos submitted to competitions, promotions and campaigns, and the rights, consent and permissions required.
1.2 It applies to any photo submitted to Cooke Industries where the Promotion Terms or an invitation from Cooke Industries refer to this Policy.
1.3 All materials and personal information submitted to Cooke Industries are subject to the Cooke Industries Privacy Policy, available here.
1.4 If a Contributor considers that the terms of this Policy are unsuitable for their circumstances, they may contact Cooke Industries to discuss whether alternative licensing or usage terms can be agreed before submitting a Photo. Cooke Industries may agree to reasonable restrictions or alternative terms in writing.
2. Definitions
Contributor means the business or individual who submits a Photo through any channel.
Photo means a photograph or image submitted to Cooke Industries by a Contributor.
Promotion means a competition, promotion or campaign run by Cooke Industries that invites Photo submissions.
Promotion Terms means the terms and conditions that apply to a Promotion.
3. Submission Standards
3.1 Photos must depict content genuinely relating to the Contributor — e.g. a project, product, or employee — or otherwise meet the requirements of any applicable Promotion Terms. Any AI-generated Photo must be clearly identified as AI-generated at the time of submission. Any material alteration of a Photo, including through Photoshop or other editing tools, that changes or could misrepresent what the Photo depicts must be disclosed at the time of submission. Photos must not be sourced from stock imagery.
3.2 Photos must, where reasonably practicable, not show private or identifying information, such as the interior of a home or its contents, house numbers or street signs, vehicle number plates or documents.
3.3 Photos must not contain nudity, offensive content, or anything unlawful.
3.4 Submitted files must not contain malware, including but not limited to viruses, spyware, ransomware and trojans.
3.5 Photos must be of sufficient quality for their intended use. Print materials generally require higher image resolution and quality than social media or other digital uses.
3.6 Cooke Industries may reject, or stop using, any Photo that does not meet this section.
4. Consent
4.1 If a Photo includes an identifiable person, the Contributor must obtain that person’s consent in writing (or, if the person is under 18, the consent of a parent or guardian) to the Photo being submitted and to the uses described in section 7, including perpetual, worldwide commercial use, advertising, marketing and promotional use.
4.2 The consent referred to in clause 4.1 is taken to include the uses expressly permitted by section 7, including reproduction, editing, adaptation, publication, communication and distribution, and use by authorised third parties for those purposes.
4.3 A person who wishes to restrict or limit the scope of their consent must specify those restrictions before the Photo is submitted. Cooke Industries may agree to those restrictions in writing. If no restrictions are agreed in writing before submission, the consent may be relied upon by Cooke Industries for the full purposes of section 7.
4.4 The Contributor must also hold any other permissions needed for the Photo to be used for the purposes in section 7, including any permissions from a photographer, copyright owner, model, pool owner, property owner or other rights holder.
4.5 Where the Contributor is the author of the Photo, or is authorised to obtain the author’s consent, the Contributor consents, to the extent permitted by law, to Cooke Industries and its authorised third parties doing or omitting to do anything expressly permitted by section 7 in relation to the Photo, including cropping, resizing, colour adjustment, adding text, logos or branding, adapting, publishing, communicating and distributing the Photo, without requiring further consent or approval from the author.
5. Copyright and Permissions Warranty
5.1 By submitting a Photo, the Contributor warrants that they own, or hold all necessary rights and permissions to submit and license (for both print and digital use), the Photo. Any fees required to obtain those rights are the Contributor’s responsibility. Cooke Industries is not required to verify ownership, authorship, metadata or the source of any Photo, nor that consent was obtained from any identifiable individuals, and may rely on the Contributor’s warranty.
5.2 The Contributor also warrants that they hold the other permissions required by clause 4.4.
6. Reimbursement for Rights Claims
6.1 If the Contributor breaches a warranty in section 5, the Contributor must reimburse Cooke Industries for all losses reasonably incurred as a result, including:
- (a) damages or compensation awarded by a court;
- (b) reasonable legal costs; and
- (c) amounts paid under a settlement.
6.2 The Contributor is not liable under this section to the extent a loss is caused by Cooke Industries:
- (a) using a Photo outside the licence in section 7;
- (b) failing to act within a reasonable time on a rights holder’s valid request to stop using a Photo, or producing or distributing further materials featuring the Photo after receiving that request; or
- (c) failing to act within a reasonable time once made aware that the permissions outlined in clause 4.4 were not obtained.
6.3 Cooke Industries will notify the Contributor promptly of any claim relating to a Photo, will consult the Contributor where practicable before agreeing to any settlement, and will take reasonable steps to limit its losses.
7. Licence
7.1 Where the licence applies to a Photo under clause 7.2, the Contributor grants Cooke Industries a royalty-free, perpetual, worldwide, non-exclusive licence to use, reproduce, edit, adapt, publish, communicate and distribute the Photo to promote Cooke Industries’ products and services, including any specific products stated in the Promotion Terms. This includes use in advertising, marketing materials, websites, social media and other promotional channels, and the right to authorise third parties, including marketing agencies and media providers, to use the Photo for these purposes. The licence does not transfer ownership of the copyright to Cooke Industries and is subject to sections 9 and 10.
7.2 The licence applies to a Photo only where the Contributor has:
- (a) accepted Promotion Terms that state the licence applies to that Photo (for example, as a condition of a prize); or
- (b) agreed to grant it in response to an invitation under section 8.
Submitting a Photo does not by itself grant the licence unless the Promotion Terms say so.
7.3 Cooke Industries will use a licensed Photo only for the purposes in clause 7.1, and will not use it in a way that is derogatory, defamatory or offensive, or that misrepresents the Contributor, the copyright owner, or any person shown in the Photo. Ordinary editing, including cropping, resizing, colour adjustment and adding text, logos or other branding, is permitted provided it does not breach other restrictions in this Policy or applicable privacy laws or moral rights.
7.4 Cooke Industries may request higher-resolution versions of a licensed Photo for promotional and commercial use. The Contributor must provide any higher-resolution version reasonably available to them upon request.
7A. Attribution
7A.1 Where reasonable and practicable, and always where required by law, Cooke Industries will credit the Contributor and, if different, the copyright owner of the Photo when it is used in digital materials.
7A.2 Cooke Industries is not required to provide attribution in print materials unless the Contributor expressly requests it when submitting the Photo and Cooke Industries agrees to that request, or where attribution is required by law. Cooke Industries may decline to use a Photo if it cannot accommodate an agreed attribution requirement.
7A.3 Where attribution is provided, it will be in the form agreed with Cooke Industries. The Contributor is responsible for providing the correct name, social media handles and/or website details of any copyright owner to be attributed.
7A.4 An accidental incorrect or missing attribution is not, of itself, a breach of this Policy. Cooke Industries will add or correct the attribution in future uses where practicable, including where an attribution requirement was agreed under clause 7A.2, and will issue any public correction required by law. In other cases, Cooke Industries may issue a public correction where reasonably necessary to address a material misattribution.
8. Optional Licensing
8.1 Cooke Industries may invite any individual or business to become a Contributor and grant the licence in section 7.
8.2 An invitation made outside of a Promotion, or where not expressly required by the Promotion Terms of an active Promotion, is entirely optional. No licence is granted unless the invitee expressly agrees in writing.
8.3 Accepting or declining this invitation does not affect any judging or selection of winners for related Promotions.
8.4 No payment exchanges hands, in either direction, for licence granted under this section unless separately agreed in writing.
8.5 Sections 4 to 7, 9 and 10 apply to any Photo licensed under this section.
9. Revocation, Discontinued Use and Third Parties
9.1 A Contributor may revoke Cooke Industries’ right to use their Photo(s) by giving written notice by email, direct message from an authentic business Instagram account, or through another verified channel Cooke Industries nominates.
9.2 From the time Cooke Industries receives the notice, it will not use the Photo(s) in any new materials, including newly produced or reprinted print materials and newly published digital content. Where practicable and in a timely manner, Cooke Industries will remove known uses of the Photo(s) in existing digital content, including Instagram posts and on any Cooke Industries controlled website.
9.3 Cooke Industries may continue to distribute, use and sell materials and products featuring the Photo(s) that were produced before it received the notice until that stock is exhausted, and is not required to recall, withdraw or destroy them.
9.4 Cooke Industries may, without notice, cease using a Photo at any time for any or no reason.
9.5 Where a Contributor revokes, or Cooke Industries ceases to use, a Photo, Cooke Industries will use its best efforts to prevent any marketing agency, media provider or other third party it has authorised from using the Photo(s) in new materials, including by promptly notifying them. Materials already printed or published by those third parties before the revocation or cessation took effect may continue to circulate, and no recall, withdrawal or destruction is required.
9.6 Revocation or cessation does not entitle the Contributor to compensation. If the Contributor submitted the Photo(s) as part of an entry into an official Cooke Industries Promotion, the Promotion Terms may state how revocation or cessation affects a prize or feature.
10. Rights Holder Objections
10.1 If a third-party rights holder (copyright owner, identifiable individual et al.) objects to Cooke Industries’ use of one or more Photos, Cooke Industries will notify the Contributor promptly. The Contributor must cooperate and provide any information or assistance Cooke Industries reasonably requests to help resolve the matter.
10.2 On receiving an objection, Cooke Industries will initially err on the side of caution and cease using the Photo promptly and, where practicable, remove, or withdraw materials featuring the Photo, whether in print or digital form.
10.3 Cooke Industries may resume using the Photo if the objection is withdrawn, the matter is otherwise resolved in favour of continued use, or Cooke Industries receives advice from a suitably qualified Australian legal practitioner that the proposed use is lawful.
10.4 Cooke Industries is not required to accept an objection as establishing that a rights infringement has occurred, and may take reasonable steps to investigate the objection and determine whether continued use is lawful.
10.5 Where use of the Photo is determined to be, or is likely to be, unlawful, Cooke Industries will, where practicable, recall and destroy any materials it has produced or commissioned for its own use featuring the Photo in print form.
10.6 Where this section applies because of a breach of the warranty in section 5, the Contributor must reimburse Cooke Industries under section 6 for the reasonable costs of producing replacement materials and destroying or disposing of affected materials, limited to materials produced before Cooke Industries received the rights holder’s notice.
10.7 Cooke Industries will take reasonable steps to limit those costs.
11. Versions, Changes and Precedence
11.1 This Policy carries a version number and effective date. Cooke Industries may update it at any time without notice.
11.2 The version in force on the date a Photo is submitted applies to that Photo, unless the Contributor agrees in writing to a later version. A change does not reduce a Contributor’s revocation rights in section 9 for Photos already licensed.
11.3 If the Promotion Terms and this Policy conflict, the Promotion Terms prevail for that Promotion. However, sections 4, 5, 6, 9 and 10 of this Policy always prevail over the Promotion Terms.
12. Dispute Resolution and Governing Law
12.1 The Contributor and Cooke Industries agree to make a genuine and reasonable attempt to resolve any dispute arising from this Policy through good-faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to attempt mediation with an impartial third-party mediator before commencing legal proceedings, except where urgent legal action is reasonably required or otherwise permitted by law.
12.2 This Policy is governed by the laws of Victoria. Subject to clause 12.1, each party submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth courts sitting there.
13. General
13.1 Nothing in this Policy excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified.
13.2 Questions about this Policy can be sent to info@cookeindustries.com.au.