Terms and Conditions
TERMS AND CONDITIONS OF CONTRACT
The following is a standard photography contract. It specifies the rights and responsibilities implicit in our business relationship and protects both client and the photographer.
In the following conditions of contract “The Photographer(s)” shall mean Robyn Gale Photographer or, any photographers appointed by Robyn Gale. “The Client(s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
1. 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. The Photographer and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.
2. 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.
3. Indemnity for breach of intellectual property: The Client shall fully compensate 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.
4. The Photographer asserts his or her moral rights in respect of the Photographic Works and any reference to the Photographic Works shall be accompanied by full attribution to the Photographer in a form to be approved by the Photographer.
5. Model Release: I hereby grant Robyn Gale Photographer and those acting under its permission or authority, in connection with any and all photographs Robyn Gale Photographer will take of the subject(s) listed below, the irrevocable right and permission to copyright, publish, and use and reuse such photographs in any and all media known or hereafter devised, worldwide, in perpetuity, for advertising, promotion, trade, exhibition, distribution or any other lawful purpose whatsoever. I agree that these images can be used by Robyn Gale Photographer/Robyn Gale without additional compensation to the below stated.
6. Licence, Coverage and Reproduction:
a. The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b. Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements.
c. The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out. The photographer cannot guarantee specific shots, as like for a Wedding as this is not a controlled environment.
d. For a booking involving a church ceremony The Photographer(s) movements are sometimes restricted by the minister in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s) cannot accept responsibility for any obstructed view should this be the case.
e. For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded.
f. Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding booking) The Photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever.
g. Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or paper.
h. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
i. All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
j. Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
7. 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;
b. or any loss of profits;
c. or 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.
a. Where the contracted date is no more than two months after the event date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time.
b. The Client(s) will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.
a. Wedding Client(s) – a non-refundable booking fee of $150.00 (paid by cash or internet banking) along with a completed contract will confirm your booking. Payment for the photographic coverage is due the day before the event.
b. Other Client(s) – all photographic fees are payable in full on booking a coverage along with a completed contract. All additional goods are payable on ordering.
c. Title to all goods remains the property of Robyn Gale Photographer until paid for in full by The Client(s). If the Client(s) refused delivery of the goods, a 2% monthly penalty will be added to the outstanding amount until paid in full.
d. Complaints: In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products purchased. This includes photographs, albums and frames.
10. Force Majeure:
a. The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury).
b. The Photographer(s) have other professional photographers who will be contacted by their staff (or family) in the event that they are not able to attend your booking due to clause 7a.
c. In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present – see clause 7b) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. All arbitration must be held in a local jurisdiction to the photographer in case of a dispute.
11. Negatives or Digital Files:
a. The negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than 12 months from the contract date.
b. Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
c. All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time.
12. In the event that the event is postponed, the $300.00 retainer may be transferred to a new date should the new date be available within 1 year of the original date. In the event that the wedding is cancelled the retainer is non-refundable. (as may be appropriate to their case) will become due immediately upon said cancellation.
a. Cancellation within one week of booking and more than four complete months to go until contract date - $300 non- refundable booking fee.
b. In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
13. Placing an Order and Receipt of Goods:
a. Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
b. All wedding orders will take approximately two to four weeks to complete. All other orders will take approximately four to six weeks. The Client(s) will be informed by either telephone or in writing once the order is ready and available for collection. The Photographer(s) are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed.
c. The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
d. Due to the nature of the product The Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
e. 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.
14. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with New Zealand Law and the parties hereto submit to jurisdiction of the New Zealand courts and must be heard in the city where the photographer resides.
15. The Client undertakes to compensate 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.
16. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
17. Time duration: The time duration starts when the photographer arrives and finishes when the photographer leaves.
18. The photographer(s) cannot be held responsible if by taking a candid shot of someone kissing (and cheating) that subsequently ends a relationship. This is not the photographers fault.
19. Meals must be provided to the photographer(s) when session times overlap meal times.
20. Courtesy: It is understood and agreed that no other photographer will be allowed to photograph or take pictures at the wedding while the Photographer is working.
21. Liability: The Photographer is not responsible for any injuries for any of the photographic parties. Clients will be responsible for their children and themselves, and release the photographer from any claims.
22. 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.
23. Damage: The Photographer is not responsible for the damage of portraits after delivery. Client assumes full responsibility for the safety of their portraits. All portraits sent via New Zealand Mail will be insured and require delivery confirmation.
24. Session Fees & Payment
1. I understand that I am expected to pay my session fee at the beginning of my session or the day before hand depending on the terms and conditions of the session.
2. I understand that all payments are non-refundable.
3. I understand that all payments are to be made with either cash or by internet banking.
4. I understand that there will be a waiting period between my session and when I will receive my photos due to editing & uploading constraints.
25. Important Notice – Consumer guarantees Act 1993:
a. 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.
b. 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.
On signing of this agreement by both parties hereto, the photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or cancelled for any reason what so ever.
Where a book appointment involves more than one person, it is the Clients responsibility to ensure that everyone required arrives at the appointment on time.
Failure of any person to arrive at the appointment on time will result in, at the Photographer’s discretion, cancellation or postponement.
The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not charged.
The service fee is ______ includes ______ hours of photography. A deposit of ______ is due at the signing of this agreement, with a further payment of all necessary expenses (unless otherwise specified) such as films cost, development, batteries, parking, fuel, travel, taxi, hotel charges, etc., to be paid two days prior to the day of the event. No photography will take place and no rights are granted until timely payment is made in full. Late payment fees may apply. The fee is non-refundable in case of cancellation or date change by client.
I / we, the undersigned Contracting Party, hereby warrant that I am / we are competent to contract in my / our own name(s). I / we confirm that I / we have read the herein agreement prior to its execution and I / we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete 6 page copy of this agreement with all blank lines completed.
I/We state that we are legally over the age of 18 by checking this box ?