TERMS AND CONDITIONS OF CONTRACT

Please go read this carefully then go to the end of the Contract to fill in your information.

Here's our Terms and Conditions of Contract.
We will then email you the completed version for you both to initial, sign and send back.



STANDARD PHOTOGRAPHIC TERMS & CONDITIONS OF ENGAGEMENT

The Client(s) – Wedding of _______________________________
Location of Shoot – _________________________________
Date – __________________________
Time – ________________________
Ceremony ____________ Reception ___________
Sunset ________________________

______ Hours of Photography Coverage on Wedding Day
Total Package Price - $_________

Non-refundable Deposit Amount : $ _________
(Due at Signing)
Remaining Balance : $ __________
(Due 4 Weeks Before Contracted Date)
$100 per hour if you are over the specified Hours

The following is a standard photography contract. It specifies the rights and responsibilities implicit in our business relationship and protects both Client and the Photographer.

In the following conditions of contract
“The Photographer(s)” shall mean Natalie Pasco Photography or, any photographers appointed by Natalie Pasco.
“The Client(s)” shall be those whose name appears on the contract.

The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.

If any part of this contract is declared unenforceable or invalid according to local law, the remainder will continue to be valid and enforceable.

1. All Copyright that arises out of the performance of the Photographer’s obligations under this contract shall arise not by commission but shall be the creation of the Photographer. The Photographer shall remain the first owner of the Photographic Works and the Client shall be supplied with the Photographic Works for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at the Photographers normal prices at the time of the request. The Photographer and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.
 
2. The Client must advise the Photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Booking or Order.
 
3. The Client undertakes to indemnify the Photographer for any loss, claim, damage, or expense (including costs incurred on a solicitor client basis) suffered or incurred as a result of: Any breach by the Client of the Agreement; Any illegal or defamatory Photographic Works produced for the Client; Any infringement of an intellectual property right of any person; or  In recovering any moneys due.
b. Such loss, claim, damage or expense shall be moneys due for the purposes of these terms and conditions.
c. The Client is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.
4. The Photographer asserts his or 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. The Client acknowledges that the Photographer always retains the right to use the Photographic Works in any manner at any time and in any part of the world, including through the use of social media.
Where the Client publishes or otherwise uses the Photographic Works on social media, it must be accompanied by an adjacent credit line acknowledging the Photographer’s name.
5. Model Release: I hereby grant Natalie Pasco Photography and those acting under its permission or authority, in connection with any and all photographs Natalie Pasco Photography will take of the subject(s) as instructed, the irrevocable right and permission to copyright, publish, and use and reuse such photographs in any and all media known or hereafter devised, worldwide, in perpetuity, for advertising, promotion, trade, exhibition, distribution or any other lawful purpose whatsoever. I agree that these images can be used by Natalie Pasco Photography without additional compensation to the below stated.
 
6. Licence, Coverage and Reproduction:
a. The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b. Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements.
c. The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out. The photographer cannot guarantee specific shots, as like for a Wedding as this is not a controlled environment.
d. For a booking involving a church ceremony The Photographer(s) movements are sometimes restricted by the minister in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s) cannot accept responsibility for any obstructed view should this be the case.
e. For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded.
f. Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding booking) The Photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever.
g. Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or paper.
h. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
i. All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
j. Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
k. We do not give the RAW files to the Client.


7. Photographer not liable for losses: Except as provided for by the Consumer Guarantees Act 1993 the Photographer shall not be liable for:
a. any loss or damage arising by reason of any delay in the completion of the Photographic Works;
b. or any loss of profits;
c. or any indirect or consequential loss of whatever nature; or
d. any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by the Photographer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Photographer.
 
8. Prices:
a. Where the contracted date is no more than two months after the event date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time.
b. The Client(s) will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.
 
9. Payments:
a. Client(s) – all photographic fees are payable in full on booking a coverage along with a completed contract. All additional goods are payable on ordering.
b. Title to all goods remains the property of Natalie Pasco Photography until paid for in full by The Client(s). If the Client(s) refused delivery of the goods, a 2% monthly penalty will be added to the outstanding amount until paid in full.
c. Complaints: In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products purchased. This includes photographs, albums and frames.
 
10. Digital Files:
a. The digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than 3 months from the contract date.
b. The Client acknowledges that the Client is responsible for the storage and backup of the Photographic Works supplied by the Photographer. While the Photographer will follow its usual backup procedures (if any) upon delivery of the Photographic Works, the Photographer shall not be liable under any circumstances if unable to produce backups or future reproductions of the Photographic Works upon the request of the Client. Where backups are available, these may be made available to the Client for a fee.
c. The Client’s right to use the Photographic Works under the Licence does not include the right to remove, alter or otherwise affect any rights information accompanying or relating to the Photographic Works, including (without limitation) any notices or metadata accompanying or part of the Photographic Works recording creator details, copyright ownership or publication status of the Photographic Works. The Client shall not alter or remove any notices attached to the Photographic Works and shall take all reasonable steps to respect and preserve the Photographer’s copyright and other rights. Where the Photographer has placed restrictions on access to or use of the Photographic Works, the Client shall not defeat (or attempt to defeat) such restrictions.
d. If the Photographer produces Photographic Works that are in the same style and structure as the Photographer’s past work (by reference to the Photographer’s portfolio), the Client is deemed to have accepted the Photographer’s artistic interpretation.

11. Placing an Order and Receipt of Goods (relating to any prints, albums, frames ordered):
a. Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
b. All orders will take approximately four to six weeks. The Client(s) will be informed by either telephone or in writing once the order is ready and available for collection. The Photographer(s) are able to store completed orders for a maximum of one month and after this time any orders not collected may be destroyed.
c. The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
d. Due to the nature of the product The Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
e. Effective termination of the Order by the Client must be in writing and give reasonable notice to the Photographer. The Client must compensate the Photographer for all amounts due in accordance with the Order Agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close.
f. The Client releases the Photographer from any and all liability relating to colour reproduction of supplied works on any system not under the direct control of the Photographer. Where the Photographer supplies the Client with photographic prints, the Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used, and releases the Photographer from any liability for any claim based upon fading or discolouration. Where a colour is unable to be reproduced accurately due to limitations in capture and output technology, the Client releases the Photographer from any and all liability in regard to colour reproduction.
 
12. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with New Zealand Law and the parties hereto submit to jurisdiction of the New Zealand courts and must be heard in the city where the Photographer resides.
 
13. The Client undertakes to compensate the Photographer for any loss, damage, 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 terms and conditions.
 
14. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
 
15. Time duration: The time duration starts when the Photographer arrives and finishes when the photographer leaves.
16. Liability: The Photographer is not responsible for any injuries for any of the photographic parties. Clients will be responsible for their children and themselves, and release the Photographer from any claims. The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, its own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others. Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by the Photographer.
17. 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 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 and/or Order agreements.
 
18. Damage: The Photographer is not responsible for the damage of portraits after delivery. Client assumes full responsibility for the safety of their portraits. All portraits sent via New Zealand Mail will be insured and require delivery confirmation.
 
19. Session Fees & Payment
1. I understand that I am expected to pay my session fee at the beginning of my session or the day before hand depending on the terms and conditions of the session.
2. I understand that all payments are non-refundable.
3. I understand that all payments are to be made with either cash or by internet banking. Bank name XXXXXXX Account Number XXXXXXX
4. I understand that there will be a waiting period between my session and when I will receive my photos due to editing & uploading constraints.
5. I understand that the edited photographs will be sent to my nominated gmail account via Google Drive and a USB stick will be sent to your nominated home address.
 
20. Important Notice – Consumer Guarantees Act 1993:
a. The Consumer Guarantees Act 1993 may apply to the licensed Photographic Works provided by the Photographer if the Client acquires those licensed Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act.
b. If the Client is acquiring the licensed Photographic Works for business purposes, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this case the Photographer may grant a separate licence under the Standard Terms for Commercial Photography.
 
On signing of this agreement by both parties hereto, the Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or cancelled for any reason what so ever.

Where a booked appointment involves more than one person, it is the Clients responsibility to ensure that everyone required arrives at the appointment on time. Failure of any person to arrive at the appointment on time will result in, at the Photographer’s discretion, cancellation or postponement.

The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not charged.

No photography will take place and no rights are granted until timely payment is made in full. Late payment fees may apply.

21. In addition to 1. to 20 above, the following clauses relate specifically to Weddings

a. No Clients, wedding guests, attendants, and employees of the Client may impede the Photographer when he/she is shooting or performing duties; failure to comply may result in missed moments or fewer delivered images. Please advise your guests that they will be photographed throughout the wedding, and they should remove themselves from being photographed or make the Photographer aware, if they do not wish to be photographed at all.
b. The Photographer also requests that Client requests for all phones, tablets, and cameras be put away during the ceremony as to capture the best quality images possible. It is best if your Celebrant announces this before the start of the ceremony. This “unplugged” atmosphere allows no hindrance in the ability to capture spur of the moment reactions and provides better quality photographs. No other professional photographers will be hired by the Client or located on site photographing the Client during the event unless otherwise approved by Natalie Pasco Photography.
c. The Client agrees that the Photographer can only capture the wedding that happens: weather, location, schedule complications, time restraints and subjects ability to cooperate, are all factors in the quality of the photographs. The Photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes.
d. If the wedding contract is cancelled or postponed by the Client prior to the wedding, the non-refundable retainer payment will not be returned, it being the agreed loss suffered by the Photographer due to cancellation.
e. In the unlikely event the Photographer determines that they are unable to complete the coverage due to unforeseen circumstances, a backup photographer will be provided. If no backup can be found, all money paid by the Client, will be returned to the Client.
f. The Photographers will be allowed a break at their own discretion. Each photographer will be provided a meal for weddings lasting longer than 5 hours. If no meal is provided the Photographers reserve the right to go off-site for a meal for 45 minutes. It is highly recommended that the Photographers are allowed a meal directly after bridal party to ensure they are finished eating by the time the next activity is scheduled.
g. The number of final images you will receive depends greatly on a number of factors, timing of your day, guest size, bridal party size, unforeseen events that sometimes happen on the day. Generally, you can expect around 50-75 images per every hour of shooting. We do not restrict the number of images, so if an image represents some part of your day, you will receive it.
h. Depending on our schedule, delivery of your photographs is estimated to be within two to three weeks. We will notify you at the time of booking, if this is expected to take longer than this. 
i. We strongly advise you schedule 10 minutes in your wedding day schedule for golden hour bridal portrait photographs. Golden hour occurs 1 hour before sunset.

The undersigned Client(s), hereby warrant that I am competent to contract in my own name. I confirm that I have read the herein agreement prior to its execution and I fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns.
 
________________________________________
Signed
Full name

________________________________________
Signed
Full name


Date ____________________

Phone Number ________________________


Email address ___________________________________

Home Address ______________________________





















Please complete this section below

Email address *
Full Names of Both Parties (for the Contract) *
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Location of Wedding (Ceremony & Reception) *
Your answer
Date of Wedding *
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YYYY
Time of Ceremony *
Time
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Phone Number of Both Parties *
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Home address *
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