OVERVIEW AND SCOPE

The Photographer agrees to provide product photography services for the Client in accordance with the terms set forth in this agreement. This agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral.

By entering into this agreement each Party acknowledges that this agreement shall not create a partnership, agency or other relationship between the Parties, other than the contractual relationship expressly provided for in this agreement.

SERVICES & REVISIONS

The Photographer will provide services in accordance with the instructions provided, ensuring there is an understanding of the scope of work and what is required.  Services will be delivered in accordance of my obligations. The Photographer and company* will act with due care and skill to provide assistance and quality of work.

The Photographer generally finish projects within the agreed time frame; however, the Photographer reserves the right to adjust completion date based on order needs so that quality work can be provided. Adjustments will be communicated with the Client as soon as possible. No refunds will be given based on the time required for the project to be completed in the agreed time frame, or for artistic preference.

Turn around time for deliverables is 10 working days from the shoot day, unless agreed otherwise.

The work completed will be based around conversations, documents and references supplied to the Photographer prior to the shoot. If any changes are to be made or issues surrounding deliverables, the Client must advise of these changes within 3 working days of delivered work. Changes given after this period will incur fees, which will be drawn up in a new quote.

CANCELLATIONS

The Client may cancel the shoot at least 5 days prior to the scheduled shoot date, the deposit will be retained as a fee, however, no further fee will be required.

If the Client cancels the shoot within 5 days of the scheduled date, 75% of the invoice will be payable by the Client.

If the Photographer cancels the contract the full deposit will be refunded to the Client.

CLIENT OBLIGATIONS

The Client is provide timely, clear instructions and directions for the provisions of services; to provide the information to enable the tasks to be completed; and to meet the agreed period for payment of services.

PHOTOGRAPHER OBLIGATIONS

The Photographer will aim to provide you with services that meet your needs and requirements on either an on-going or one-off project basis at the cost agreed upon. Photography services are to be provided with skill and care and within an agreed budget. The Photographer takes responsibility to communicate with the client and provide assistance if needed.

RETURN OF GOODS

If the Client wishes for goods to be returned after being photographed, the Client shall provide postage fees and a request made. Goods shall be held for 15 working days from the date of the work delivery then be disposed of if left unclaimed.

PAYMENT OF FEES

The Client shall pay the deposit, 50% of the invoice upon entering into this agreement. Work on the project shall not commence until the deposit is received, including pre-production activities such as prop sourcing and creative conceptualisation. Failure to pay the deposit may result in delays of deliverables.

The Client accepts that the deposit is non refundable. Additional costs may apply for props and travel for materials for the shoot.

The Client accepts all costs relating to return and delivery of goods to the Photographer for the shoot, this can be supplied by the Client in the form of a pre-pay bag or added to the invoice at the end of the shoot.

The Client accepts the final payment is due upon completed work but prior to release of images to the Client.

The Client agrees to pay fees in accordance to our terms. Failure to pay within the time-frame stated on the invoice will result in charged interest at a rate of 2.5% per month or part month overdue on any amounts outstanding; Recover any debt collection costs and related legal expenses (on a solicitor-client basis); and  suspend any further work until all amounts owing and any costs incurred are paid in full.

QUOTATIONS

Quotes are valid for 30 days from date of issue unless otherwise stated.  The fee is exclusive of expenses and GST unless stated.  Estimates of fees and Job-Related Costs are estimates and not firm quotations and are liable to alteration. The Photographer must bring any increase to the estimate, of 10% or more, to the attention of the Client. Any change to the job specifications made or agreed by the Client may alter the fees and Job-Related Costs.

The Photographer and company* reserve the right to withdraw the quotation presented at any time before acceptance.

Estimated quotes take into consideration a number of factors including time spent for the shoot, pre-production time, complexity, skill, usage, equipment required and scope of work.

OWNERSHIP, COPYRIGHT & USAGE

The Photographer retains all ownership and copyright of the images created during the course of this agreement. The Client is granted a license to use the images for their intended purpose, which shall not exceed the scope of the original agreement. The Client will have the right to use the original work for the purpose for which it was intended only. The Client will not have the right to modify the work or use it for any other purposes without our written agreement.

The Client agrees the Photographer reserves the right to use any or all of these images for reasons relating to her business, including but not limited to social media, website, advertising, portfolio and promotional material for any future or current endeavour.

ARTISTIC RELEASE

The Client has spent adequate time reviewing the Photographer’s work and has the expectation that the work will be performed in a similar style.

The Photographer will with reasonable effort ensure the Clients desired requirements are met and consistent with the Photographers current body of work, however the client understands and agrees that:

• Photography services are subjective and convey a personal vision that may differ from others.

• The Photographer will use their own personal judgment on final deliverables

• The Photographer will with reasonable effort incorporate client suggestions and desired vision, but the Photographer will have final decision on aesthetics and artistic vision.

• Disagreement on artistic vision or judgment is not valid reason for termination of this agreement

   

DELIVERY OF WORK

The Photographer will deliver the images to the Client 10 working days from the shoot day, in a format agreed upon by both Parties, deliverables may be digital, accessed online or delivered by hard drive for larger files. In the case of postal deliverables, these may be posted within 10 working days of shoot, however delivery of goods may be over the time frame due to postal times.

DIGITAL STORAGE OF WORK

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.

INDEMNIFICATION & LIABILITY

Except as provided by the Consumer Guarantees Act 1993 The Photographer or company* shall not be liable for any damages, including but not limited to, lost profits, business interruption, or loss of data resulting from the use or inability to use the images provided, any loss or damage arising by reason of any delay in the completion of the Photographic Works, Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions.

The Client agrees to indemnify and hold harmless the Photographer & Company* from any claims, damages, or expenses arising from the use of the images provided.

The registered company*, or Photographer are not liable for any loss or damage to the Clients property, including items sent for photographic works. The Client agrees to insure their property as needed.

CONFIDENTIALITY

The Client must advise the Photographer as to whether any material or information supplied is of a confidential nature. The Photographer will
keep that material or information confidential, except where disclosure is reasonably necessary to enable the Photographer to perform the Agreement.

UNCONTROLLABLE EVENTS

Neither Party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including, but not limited to order of a government or other authority, strike, lockdown, labour dispute, emergency alerts, delays in transit, difficulty in procuring components or equipment, accident, emergency, any dispute between a Party and his employees.

If any uncontrollable event delays or prevents the performance of the obligations of either Party for a continuous period of more than one month, the other Party may give notice to terminate this agreement. The notice must specifying a date at least 7 days ahead, when the termination will take effect.

A termination notice is irrevocable unless both Parties agree to re-instate this agreement. If the agreement is terminated, all money due from one Party to the other becomes due immediately;

The Party claiming to be affected by an uncontrollable event will take all reasonable steps to fulfill his obligations under this agreement despite the uncontrollable event.

DECLINING SERVICES

The Photographer and Company* reserve the right to decline services that do not align with values or contrary to professional standards. The agreement can be terminated with immediate effect if it is discovered the work may be harmful to the Photographer or company*

ACCEPTANCE & PROVISIONS

The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible Parties. The Parties agree that this contract is the complete and exclusive statement of the mutual understanding of the Parties.

This Agreement constitutes the final, exclusive agreement between the Parties relating to photography services and services contained in this agreement. All earlier negotiations and agreements between the Parties on the matters contained in this agreement are expressly merged into and superseded by this agreement.

The Parties may amend this Agreement only by the Parties’ written consent via proper Notice.

The Client, and Photographer agree and are legally bound to all terms in this agreement upon signing:

Collectively, all of the above people or businesses entering this Agreement will be referred to as the “Parties.”

*Company in this agreement refers to Auckland Creative, our local business and partnership under which work is carried out and registered under NZBN 9429050920471.