It is agreed that the following terms and conditions set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
1. Retainer: To secure the date, time and services of Sophie Jane Photographer a deposit of $400 is required. This is non-refundable or transferable in the event of cancellation. All cancellations must be in writing. Weddings that are postponed to a later date will retain the deposit as long as the Photographer can reschedule for the new date and time.
2. Payment: The balance of the agreed fee is due within 7 days of the date of the wedding. If final payment is not received by the due date, the Photographer reserves the right to withhold delivery of images.
3. Display: It is agreed by the Client that Sophie Jane Photographer is given the right to use the photographs taken of the Client in the following ways:
-for entry into competitions and awards
-to advertise or otherwise promote the photographer’s work
-to submit the photographic works for display at any premises
-to use the photographs for any other purpose within the photographer’s business activities
Should the Client not wish to have their photographic works displayed in one or more of the above ways, the Client needs to state this in writing, before the session date, to the Photographer and specify which ways are acceptable and which ways are not from the above list.
4. Creative License: Images may be edited at Sophie Jane Photographer’s discretion and delivered images may not include every image shot throughout the day. Sophie Jane Photographer reserves the creative right to edit and release only those images deemed professional in quality and meeting the photographer’s artistic standards.
5. Colour Balance: All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching due to anomalous reflectance caused by a combination of certain dyes and materials- particularly synthetic fibres. It is sometimes impossible to record, on film or digitally, the exact colour as seen by the human eye.
5b. Print variation: The Client acknowledges that, while the Photographer provides the digital negatives, she has no control over or responsibility for printing, unless she has taken an order for prints from the client, and the client therefore releases the Photographer from any liability for any claim based upon poor print quality.
6. Retouching: All images will be lightly edited. Further retouching such as spot or wrinkle removal, digital manipulation and artistic finishing is available to clients at an additional cost.
7. Copyright: Any images or copies of images, whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright Act 1994 and remain the copyright of Sophie Jane Photographer. It is contrary to the Act to copy, or allow to be coped, photographically, electronically or by any other means, an image created as a part of this contract without the written permission of Sophie Jane Photographer. The Photographer grants a license to the Client for personal use of the images selected by the Photographer and presented to the Client but this license does not include the right to scan, copy, alter or publish any images without the photographer’s express permission. The copyright and license and right to use the the photographic works comes into effect from the date of full payment of the order.
8. Moral Rights: The Photographer asserts 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. This includes sharing of images on social media.
9. Client Cooperation: The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s discretion; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
10. Attendance: In the unlikely event that Sophie Jane Photographer is unable to to attend your wedding due to unforeseen circumstances, Sophie Jane Photographer reserves the right to appoint another photographer to attend your wedding on her behalf, to undertake the wedding photography to his/her best ability.
11. Unforeseen Circumstances Clause: If Sophie Jane Photographer or its assigns cannot perform this agreement due to a fire, strike or other civil disturbances, Acts of God including but not limited to road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any money paid by the client, less expenses, but shall have no further liability with respect to this agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.
12. Cancellation: The client may cancel this contract at any time by giving written notice to Sophie Jane Photographer but in doing so, will forfeit any deposit paid. Cancellation less than 2 months prior to the wedding date will result in the Client being liable for 50% of the total original agreed amount.
13. Digital negatives: The RAW files taken will remain the sole property of Sophie Jane Photographer. Clients will receive the edited JPEG files in high resolution on a USB drive.
14. Exclusive Photographer: Sophie Jane Photographer shall be the exclusive Photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the Client and other vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the wedding service to ensure proper exposure of images.
15. Accountability: Due to the limited and subjective nature of the event, Sophie Jane Photographer is not responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone in or at the event, or by the church or location restrictions. Sophie Jane Photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the punctuality of the event couple, or other principles. It is acknowledged that any lists submitted to the Photographer will be used for organisational purposes only and in no way represents photography that will actually be produced. Sophie Jane Photographer will do their best to fulfil all requests but can make no guarantee that all images will be delivered. Clients are responsible for all location fees and permits. Due to the vagaries of the weather and the willingness of the subjects, it may not be possible to capture all the images requested. Should the ceremony and/or function start late due to any reason whatsoever, Sophie Jane Photographer will not be held liable for any photographs not taken.
16. Liability of Photographer Limited: 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 photographic 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 order.
17. Indemnity: The client undertakes to indemnify the Photographer for any loss, damage or 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 conditions.
18. Right of Withdrawal: Sophie Jane Photographer’s discovery of new information, regarding but not limited to ceremony and reception venues or a certain editing style, or other factors may result in the Photographer’s withdrawal and cancellation of the contract. Non-cooperation, changes in locations, facilities or available times, missed appointments and late payments are examples of contributing factors. Should Sophie Jane Photographer initiate the withdrawal, all fees will be returned, including the deposit.
19. Complaints: Any complaints should first be raised by the client with Sophie Jane Photographer in writing within 14 days of receipt of the images in post or in person.
20. Client Meetings: Meetings between Sophie Jane Photographer and the Client are to be held at an agreed central Auckland location. Should meetings be required at other locations, additional costs in respect to time and travel may apply.
Thank you for selecting me as your photographer!
I look forward to capturing these special moments for you.