Terms & Conditions
1. Scope of Services
The Photographer agrees to provide photography services as outlined below:
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Event/Session Type: [e.g., Wedding, Product Photography, Corporate Event, Portrait Session, etc.]
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Date(s) of Service: [Insert date(s) of the event or session]
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Location(s): [Insert address or location where photography services will take place]
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Deliverables: [Number of photos] via an online digital gallery.
Photographer will capture high-quality photographs of the subject(s), as discussed with Client. Photographer will provide a gallery of edited, high-resolution images within 60 days after the event or session.
2. Fees and Payment Terms
The Client agrees to pay the Photographer as follows:
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Total Fee: $[Insert total amount]
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Deposit: A non-refundable deposit of $[Insert amount] is due upon signing of this Agreement to secure the booking.
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Balance: The remaining balance of $[Insert balance] is due on or before the day of the event/session.
Payments can be made via bank transfer or credit card.]. Late payments may be subject to a 20% late fee for every (1) week overdue.
3. Travel & Accommodation (if applicable)
If the event or session is located outside of the Photographer’s primary service area, the following travel and accommodation expenses will be covered by the Client:
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Travel expenses (e.g., airfare, mileage, etc.)
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Accommodation, if required (e.g., hotel, meals, etc.)
These expenses will be estimated and communicated in advance for approval by the Client.
4. Rights to Images
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The Photographer retains all rights to the images captured, including copyright, and reserves the right to use them for promotional purposes (e.g., portfolio, website, social media, etc.).
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The Client is granted a non-exclusive license to use the photographs for personal or business purposes (e.g., personal prints).
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The Client agrees not to alter the images in any way without prior consent from the Photographer.
If the Client wishes to use images for commercial purposes (e.g., advertising, product packaging), a separate licensing agreement may be required.
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5. Cancellation and Rescheduling
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Cancellation by Client: If the Client cancels the booking more than 30 days before the event/session, the Photographer will refund the deposit minus any non-recoverable costs incurred. If the cancellation occurs within 29 days, the deposit will be forfeited.
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Cancellation by Photographer: If the Photographer is unable to fulfill the contract due to illness, emergency, or any other unforeseen circumstance, a full refund of any paid amounts will be provided, and the Photographer will make reasonable efforts to assist in finding a replacement photographer.
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Rescheduling: If the Client wishes to reschedule, a new date must be agreed upon by both parties, and any additional costs due to rescheduling (e.g., travel changes, venue fees) will be covered by the Client.
6. Force Majeure
Neither party shall be liable for failure or delay in performing their obligations under this Agreement due to events beyond their control, such as acts of God, war, terrorism, labor strikes, government regulations, or natural disasters.
7. Indemnification
The Client agrees to indemnify and hold harmless the Photographer from any claims, damages, or liability arising from the Client's use of the photographs or from any injury or damage during the event or session, except in cases of Photographer’s negligence.
8. Limitation of Liability
In the event of a dispute, the liability of the Photographer shall be limited to the amount paid by the Client for the photography services under this Agreement. The Photographer will not be liable for any indirect, incidental, or consequential damages.
9. Editing & Post-Production
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The Photographer will deliver edited, high-quality digital images that reflect the Photographer’s artistic style. Basic retouching, colour correction, and enhancement will be performed, but the Photographer is not obligated to perform extensive or detailed edits unless agreed upon.
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If the Client requests specific editing changes (e.g., removal of background elements, excessive retouching), additional fees may apply.
10. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of this Agreement, unless required by law.
11. Miscellaneous
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Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or discussions, whether oral or written.
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Amendments: Any changes or amendments to this Agreement must be made in writing and signed by both parties.
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Governing Law: This Agreement will be governed by and construed in accordance with the laws of New Zealand.