TERMS AND CONDITIONS
1. INSTRUCTIONS MUST BE IN WRITING
The Client must ensure that all their instructions and expectations or variations of such regarding the Booking or Order are agreed in writing preferably through email.
2. LICENCE GRANTED TO CLIENT
The copyright in all Photographic Works resulting from the Booking or Order remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. The Photographer and the Client have agreed by these standard terms to override section 213 of the Copyright Act 1994. The Photographer grants the Client a non–exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client, however this Licence does not include the right to reproduce or publish the Photographic Works or any part of the Photographic Works. The Client may license any or all of the Photographic Works from the Photographer’s selection. The Client acknowledges that the purpose of the creation of the Photographic Works includes the right of the Photographer to a) enter the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards and b) advertise or otherwise promote the Photographer’s Work and c) submit the Photographic Works for display at art galleries or other premises and d) use the Photographic Works for any other purpose within the Photographer’s business activities.
3. CONDITIONS OF LICENCE
This Licence to use, and the right to use, the Photographic Works comes into effect from the date of full payment of the Order, except where the Photographer gives express written permission.
4. COPYRIGHT IN THE WORKS
All copyright that arises out of the performance of the Photographer’s obligations under this contract shall arise not by commission but shall be the creation of the Photographer. The Photographer shall remain the first owner of the Photographic Works and the Client shall be supplied with the Photographic Works for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at the Photographers normal prices at the time of the request.
5. PRIVACY and PERSONAL INFORMATION
The Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.
The Client shall pay the Photographer the various amounts payable in accordance with the Booking and/or Order agreements. Full payment of any booking is due one month before the shoot date. Deposit of 25% is required at time of booking/contract signing unless otherwise arranged.
Any monies not paid in full in accordance with clause 7, may be charged with interest at a rate of 2.5% per month overdue.
The Client undertakes to indemnify the Photographer for any loss, damage, or expense including costs as between solicitor client basis suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.
9. CANCELLATION OR POSTPONEMENT OF BOOKING
Where the Client cancels or postpones a Booking appointment, the full deposit will not be refunded or reimbursed. If the booking is cancelled or postponed within one month before the shoot date a 50% refund will be given to the client from the full payment. The client and the photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the appointed time for the events, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the client.
10. CLIENT CONFIDENTIALITY
The Client must advise the Photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Booking or Order.
11. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY
The Client shall fully indemnify the Photographer in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Client or any infringement of an intellectual property right of any person.
12. IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993
The Consumer Guarantees Act 1993 may apply to the licensed Photographic Works provided by the Photographer if the Client acquires those licensed Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act. If the Client is acquiring the licensed Photographic Works for business purposes, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this case the Photographer may grant a separate licence under the Standard Terms for Commercial Photography.
13. PHOTOGRAPHER NOT LIABLE FOR LOSSES
Except as provided for by the Consumer Guarantees Act 1993 the Photographer shall not be liable for a) any loss or damage arising by reason of any delay in the completion of the Photographic Works or b) any loss of profits or c) any indirect or consequential loss of whatever nature or d) any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by the Photographer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Photographer.
14. LIABILITY OF PHOTOGRAPHER LIMITED
a) The Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements. b) If the photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or dues to Photographer’s illness, the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic files are damaged in processing, lost through malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
14. PHOTOGRAPHER AND FINAL PRODUCT
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. The final product will be delivered before 10 weeks after the event date. The final product will be delivered in an online gallery, live for 12 months. The original RAW photo files will be kept by the photographer for 12months after the date they were captured.
15. ORDER MAY BE TERMINATED ON NOTICE
Effective termination of the Order by the Client must be in writing and give reasonable notice to the Photographer. The Client must compensate the Photographer for all amounts due in accordance with the Order Agreement including the proportion of the Order that has been completed at the date of termination. Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close.
16. ARTISTIC FREEDOM
The photographer holds artistic freedom for all works completed for the client. The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the photographer. If the client wishes to have the completed works edited or digitally changed there will be a fee of 20 per image to complete any minor changes. The photographer is not liable to deliver every image taken at the event. The determination of images delivered to the client is left to the discretion of the photographer. The client does not have the right to request to view non-selected images.
If the photographers are shooting whilst a meal is being served to guests the photographer asks that a meal be supplied. Where this is not possible, the photographer will take up to a one hour break.