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.


OBLIGATIONS

Photographer's - My Heart Follows Photography (MHFP): 

  • MHFP agree to devote its full attention and ability for the duration of the work.
  • Within the scope of the work, MHFP will record whatever events you reasonably request to the best of its ability
  • MHFP will personally bear the cost of all additional expenses it incurs during this work.
  • This contract is personal to MHFP and the work may not be assigned to anyone else without prior consultation and agreement with you.
  • Your images will be kept on file for up to 12 months following your event

You (the Client):

  • You will provide MHFP with as much information and detail upon request to assist with the preparation of your upcoming event.
  • You will agree to pay a non-refundable deposit to confirm your booking within seven days of the initial enquiry date.
  • You will pay MHFP in full for my services at the date we agree to.
  • By paying the non-refundable deposit you agree to these terms and conditions.
  • When you receive your collection, it is important to make copies of your images on your computer as a back-up as soon as possible.

 

DELIVERY

  • Within 14 days after the date of work, MHFP will upload a preview of selected images to its Facebook page; upload a full online gallery (except for wedding bookings) and create a slideshow (weddings only) for you to share with your friends and family.
  • Where the fee is paid in full prior to or on your wedding date, MHFP shall deliver to you the images and any additional items you have ordered within 8 weeks.
  • Where more time is required to pay the fee in full, delivery will images and any additional items ordered will happen within 8 weeks of final payment made.

 

INTELLECTUAL PROPERTY

  • All intellectual property MHFP creates during the event belongs to MHFP.
  • It is MHFP's sole discretion, that it may retouch, creatively edit, and crop any photographs.  Cosmetic retouching (if any) is solely at the discretion of MHFP, and any additional retouching can be requested at an additional fee of $60 per hour.  The Client agrees to accept the decision of MHFP whether or not it is practical to retouch any additional photographs that the client requests. 
  • You have agreed to buy images and MHFP hereby grant an exclusive licence to you to use and reproduce your images without limit.
  • You may not use or have access to any image in any medium in respect of which you haven't paid for.
  • In any event, MHFP will not reproduce, nor sell, nor transfer and produce any image as part of this work to any person without your prior permission. 

 

FORCE MAJEURE

  • Neither party shall be liable for any breach of our obligations resulting from causes beyond its reasonable control.
  • Causes that are deemed to be beyond reasonable control shall include:
    • death or serious injury or illness of a close family member;
    • injury to or illness to MHFP as your photographer personally
  • You and MHFP agree to give notice immediately to the other upon becoming aware of an event of force majeure.  Any notice should contain details of the circumstances as they come about.

 

SUCCESSORS TO THIS AGREEMENT

MHFP acknowledges that this agreement is personal to MHFP and accordingly shall not be entitled to assign this to someone else without prior consultation and agreement with you to do so.

 

INSURANCE

MHFP undertake to obtain insurance against liability for professional negligence and against circumstances which prevent MHFP from fulfilling this contract.

 

WAIVER

  • These terms and conditions shall not be waiver of them or of the right at any time subsequently to enforce all terms and conditions of this contract.
  • The failure for either of us to enforce at any time or for any period any one or more of the terms and conditions of this contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this contract.

 

NOTICES

Any notice to be served on either of us by the other shall be sent by first class post or prepaid recorded delivery or by facsimile and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile to the correct number.

 

DISPUTE RESOLUTION 

In the event of a dispute arising out of or in connection with this contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the customer and the writers then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

 

JURISDICTION

This agreement shall be construed according to the laws of New Zealand.

 

CANCELLATION OF AGREEMENT

  • This agreement may be cancelled without penalty by you or MHFP when cancelled within the first six weeks of the non-refundable deposit being paid.
  • If MHFP cancel this agreement or fail in some other way to to provide you with the services you need then a full refund will be provided and MHFP will help you in finding a replacement photographer if possible.
  • If you cancel this agreement or fail in some other way to facilitate this contract going ahead with me, then the agreed damages will be the deposit paid.

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