TERMS + CONDITIONS
Yay! Before we get started on the fun stuff, have a read through my terms + conditions so that we're on the same page :) Always happy to answer any questions you have :)
So let's get started.
tERMS OF TRADE
"I" shall mean My Heart Follows Photography (photographer).
"You" shall mean the client, any person acting on behalf of and with the authority of the client, or any person purchasing services from myself with ostensible authority from you.
"Image/s" are any photograph or design created by My Heart Follows Photography including digital files, images on stationery and all prints and design in albums. These remain the property of the photographer, and may be used for promotion/advertising, display or any other purposes thought proper.
"Services" shall mean all professional services provided by fee and any charge or disbursement cost associated with the supply of services by myself to you.
COPYRIGHT & INTELLECTUAL PROPERTY / YOUR RIGHTS TO THE IMAGES
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 21(3) of the Copyright Act 1994. This contract includes “Home Use Rights” which means that you can use the images for personal, non-transferable and non-commercial use. You may make as many prints as you like for yourself, or to give away as gifts. You may place low-resolution copies of the images on your personal website for viewing as long as the prints are not offered for sale. You may copy the digital files to facilitate storing a back up in a separate location.
You may not sell the image files or prints produced from the files. Other persons may not use the image files as a basis for the creation of any artworks if that artwork is to be used for commercial purposes. No rights to these images may be transferred to any other persons or companies, whether for profit, or as a gift. The images may not be displayed or printed in any commercial media, for any purpose whatsoever. If you have a question about any specific usage, please contact the photographer to ask for clarification or permission before proceeding with such use.
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 and awards; and
b) advertise or otherwise promote the Photographers 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 Photographers business activities.
All rights not specifically granted in handwriting, including Copyright, remain the exclusive property of the photographer. Client understands and agrees that any rights to use are under the terms of a specific license, to be tendered by the said notice. Physical possession of any photograph or file does not imply ownership of the images.
Subject to full payment, a license is hereby granted to you for use of all images provided in digital format. This non-exclusive licence entitles you to reproduce the images in unlimited media for unlimited time, worldwide, for personal use only.
Reproduction of photographs for editorial use shall acknowledge a photo credit; images are not to be used for any advertising purposes without the written permission from the photographer. The photographer retains full title to the images, by using these images you hereby consent to these guidelines. All images must represent the original work supplied on disc and be used in entirety without tampering, additions, adjustments, alterations to colour or image cropping or any form of manipulation that would affect the integrity of the image and work of My Heart Follows Photography or without written permission from the photographer.
Client hereby grant to the photographer and the photographer’s assigns and transferees, the unrestricted right and permissions to copyright and use, reuse, publish and republish photographic works of the client without restriction as to changes or transformations, for any legal purpose whatsoever. The client hereby relinquishes any right to examine or approve the completed product, the copy or the printed matter that may be used in conjunction therewith or the use to which it may be applied. This agreement shall be binding upon the client, their heirs, legal representatives and assigns.
Where I give a cost estimate for services: The cost estimate shall be valid for 30 days from the date of issue. The cost estimate shall be exclusive of Goods and Services Tax unless specifically stated to the contrary and shall be based on current costs and prices and are subject to change without notice to meet increases as they arise. When services are required in addition to the quotation you agree to pay for the additional cost of such services. A cost may include an estimate of the cost of a service to be provided by a third party. This will be itemized as such. Any variation in the actual charge made by the third party may result in a variation to the total price payable by you.
Retainer fee of $300 due at time of booking to secure your wedding date. This retainer fee is non-refundable. Balance is due 1 week before wedding day or by a prior arrangement. Payment can be made by Internet banking. Receipt of a payment, or other negotiable instrument shall not constitute payment until such negotiable instrument is cleared in full. Photographer reserves the right to keep the photographs and all data, until full payment has been made. Rights to the photographs are granted on full payment.
Upon signing, the photographer will reserve the time and date agreed upon, and will not make any other arrangements for that time and date. For this reason, all retainer fees are non-refundable, except as noted herein. In the event of a postponement or change of date, all payments are non refundable, but may be transferred to a new date if it is available. In the event of a cancellation, all payments received may be non refundable. If cancellation is made more than 90 days in advance, the deposit may be refunded at the photographer’s discretion. If cancellation is made less than 90 days in advance, and the photographer is unable to secure another wedding for that same day, the client may be liable for the full photographic fee excluding travel expenses and other extra items that may have been included in the original price. If the photographer cancels for any reason, all payments received will be refunded. In the event of the photographer suffering from any illness, every effort will be made to secure the services of a professional photographer to cover the event.
Delivery of the digital images shall occur within 90 days of the wedding date. The client understands and agrees that delivery of data/images is the final delivery and no other data/images, or further editing of the images, can be requested from the photographer. The client agrees that unedited photographs cannot be provided to the client.
The photographer agrees to keep the slideshow online for up to 90 days after the wedding date. After this date, it is at the photographer’s sole discretion how long the slideshow will be kept online. The online slideshow cannot be provided in DVD or any other format.
Where the client has paid for an album, the client agrees that layouts or number of photographs is selected by the photographer.
I will endeavour to prevent, but will not be liable for any technical or equipment failure, or any other circumstance that prevents them from photographing some or all of the wedding. In the event that such circumstance arise I may, at my sole discretion, send a replacement, or refund an amount up to, but under no circumstances surpassing, the fee.
If the photographer cannot perform this agreement in whole or in part due to fire or other casualty, acts of God or nature or terror, or other causes beyond the control of the parties or due to Photographer's illness, or injury, then the photographer will return all fees to the client(s) but shall have no further liability with respect to the agreement.
The limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer.
Client(s) agree that an entire wedding cannot be replicated; re enacted or repeated for the purposes of a shoot and limits the photographer's liability to the amount paid under this contract.
On signing of this agreement by parties hereto, the photographer will reserve the time agreed and will not make another reservation for the specified time frame. For this reason, deposits may be non-refundable even if the date is changed or if the wedding is cancelled for any reason.
The Client acknowledges that photographic works may fade or discolour over time due to the inherent qualities of materials used. The client releases the photographer from any liability for any claim based upon fading or discolouration.
RESPONSIBILITIES OF CLIENT
You will provide clear instructions including all information, which may be relevant to the provision of services, and should you decide to terminate my services you will pay all amounts outstanding.
If you have any dissatisfaction with a service provided by the photographer you should notify the photographer immediately. I will endeavour to resolve any issues and if you are not satisfied with the result, you agree to the matter being submitted to a registered arbitrator whereby any determination made shall be agreed to and complied with by the parties.
This agreement and all relationships and attendances resulting from it are to be governed and constructed in accordance with the law of New Zealand.
ALTERATIONS TO THIS AGREEMENT
Where the terms of this contract are at variance from you, this agreement can be tailored to your particular requirements but must be agreed to by myself in writing.
Failure by us to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any rights or obligations we have under this contract. You shall be jointly and severally liable under the terms and conditions of this contract.
Upon signing this represents a total agreement of the terms and conditions contained within this contract and supersedes all prior verbal agreements.