terms and conditions
Standard Photographic
Terms & Conditions of Engagement
Terms and Conditions of Engagement
These terms apply when you book a photography session or service with me. Please read them carefully.
1. Clear Instructions
All instructions must be in writing. That way, we’re both clear on what’s expected and agreed.
2. Copyright and Usage
I keep the copyright of all images. You get a licence to use the final images for the agreed purpose, location, and timeframe. You can request extra usage rights later if needed. I also keep the right to use any images to promote my business unless stated otherwise.
3. When You Can Use the Images
You can start using the photos once full payment is made, unless we agree otherwise in writing.
4. Assigning Copyright
If our agreement states that you get full copyright (rather than a usage licence), that applies once you’ve paid in full. You’re responsible for getting any model or location permissions needed. I still keep the right to use the images as listed in Section 2.
5. Changes and Cancellations
If you need to make changes to the brief, location, or schedule, please let me know as soon as possible. Major changes may affect timing, availability, or cost.
6. Attendance at the Shoot
If you're attending the shoot or sending a representative, their approval of shots counts as final unless agreed otherwise.
7. Your Responsibility to Back Up Files
Once I’ve delivered the final images, it’s your job to store and back them up. I may have backups available for a fee, but I can’t guarantee it.
8. Your Privacy
I collect and store your personal info so I can work with you and promote my services.
9. Payment
Payment terms are listed in our agreement or invoice. If not specified, full payment is due before images are delivered.
10. Costs
You’ll cover any costs related to the shoot (e.g. props, locations, assistants). If I pay for them on your behalf, I may add a service fee.
11. Urgent Jobs
If the job is urgent and something goes wrong (e.g. no time for a reshoot), I can’t be held responsible for extra costs or delays.
12. Changes to Quotes
Quotes are estimates and may change if too much time lapses.
13. Overdue Payments
If payment is late, I can charge 2.5% interest per month and recover any legal or collection costs. I may also pause other work until it’s sorted.
14. Refunds
Unless otherwise agreed, fees are non-refundable once the shoot has taken place or editing has begun.
15. Postponements/Cancellation
If you postpone: you may rebook without further charge one time. If further postponement is required, the full fee will be due to cover dates lost as a result.
16. Cancellations
If you cancel without sufficient notice, a cancellation fee may apply to cover lost time or preparation costs.
17. Image Archiving
I may keep a copy of your images for a limited time, but I’m not responsible for storing them long term unless we've agreed otherwise.
18. Contractors (e.g. Models)
If you book your own models or other contractors, you’re responsible for them. If I book them for you, I’m acting as your agent—you cover all their costs and responsibilities.
19. Client Property
If you leave anything with me (e.g. props), it’s at your risk. I may charge for storage. If unclaimed after six months, I can dispose of it.
20. Confidential Information
Please tell me if any information or materials you give me are confidential. I’ll treat them with care.
21. Your Legal Responsibility
You agree to cover any legal costs or claims that arise from you breaching these terms, using illegal content, or using someone else’s intellectual property.
22. Colour Matching
I’m not liable for colour differences outside of my control (e.g. on different screens or prints). Some materials may fade over time.
23. Image Quality
If the images aren’t technically usable, you won’t be charged. I have the right to fix any issues first. If someone from your team is at the shoot and approves the shots, that’s final.
24. Consumer Rights
If you’re buying for personal use, your consumer rights apply. If it’s for business use, these terms apply instead.
25. Limits to My Liability
I’m not liable for:
· Delays
· Lost profits
· Indirect or accidental losses
· Mistakes caused by unclear verbal instructions
26. Maximum Liability
If I’m at fault, the most I’ll pay is the total amount you paid me for the job.
27. Health and Safety
You’re responsible for your own safety and following any instructions I give during the shoot.
28. Force Majeure
If something outside our control happens (like weather, illness, power outage), we’re not liable for delays or non-delivery.
29. Disputes
If we have a disagreement, we’ll try to resolve it in good faith before taking legal action.
30. Conflicts
If there’s a clash between these terms and anything we agreed in writing, the written agreement wins.
31. NZ Law
These terms follow New Zealand law. Any disputes will be handled in a New Zealand court.
32. Entire Agreement
These terms, along with any specific agreement we make, form our full agreement.
33. Definitions
· Client: That’s you.
· Photographer: That’s me (and my team, if any).
· Photographic Works: All images and videos I create for you.
· Licence: Your agreed usage rights.
· Booking/Order: The shoot or service you’ve requested.
· Advertiser: The end user of the images, if different from you.
· Job-Related Costs: Any expenses linked to your shoot.
· Agreement: Everything we’ve agreed in writing, including these terms..