Terms & Conditions 

 

All images are copyrighted. Any copying, unauthorised usage and/or distribution is strictly prohibited.

 

- PHOTOGRAPHY TERMS & CONDITIONS

- TERMS AND CONDITIONS FOR LICENCING OF DIGITAL IMAGES

- TERMS AND CONDITIONS FOR SUPPLY OF PHOTOGRAPHIC PRINTS

- PRIVACY​​

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Definitions​:-

Photographer – A professional camera operator who records still photographs or video whilst working for Lara Jay Photographer (“LJP”)

 

1. Purpose: you hire us to photograph the event described in an artistic and professional fashion. 

2. Price: a booking fee payment of 50% is paid within 24 hours after signing this contract. With the balance payment, it is to be made when you receive the selected photos. All payments should be made by bank deposit or transfer. 

3. Prize: if you win a prize that we offered or draw, the same rules of this agreement are applicable. Prizes are not redeemable for cash or transferable. You have 3 months to claim this prize.   

4. Booking: Once the deposit is received, we guaranteed our presence at your event day.

5. Delayed or Non-Payment: If you do not pay for the full price of the event package by the deadline above, we will do our best to offer a flexible payment schedule. However, we reserve the right to give you all the photos once all fees are paid and charge you a 10% penalty fee for late payment. 

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Cancelation and Re-scheduling Policy: 

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1. By you: if you decide to cancel the event within 15 days, we will refund you 30% of the deposit. If you cancel within 10 days, the down payment is non-refundable. 

2. Re-scheduling the event: we will accommodate this rescheduling if there is no conflict in our calendar. This rescheduling fee is 25% of the deposit if requested within 21 days from the event. If your chosen date is not available, the deposit is non-refundable. If you need to reschedule due to force majeure, this rescheduling fee will not be charged. 

3. By us: if we are not able to cover your event due to serious injury or material damage, we are responsible for finding a qualified replacement or rescheduling the booking day at no extra cost. If we are unable to find a replacement and the new booking day is not suitable for you, we will refund you all the fees paid to us. 

4. Transferring to another person: before you decide to cancel and lose your booking fee payment, you have the option to transfer this booking fee and any fees paid 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 remains the same. 

5. Communication: Communication is the key to a successful event. Our goal is to make it a special day and we want to make sure both parties are well informed to meet expectations. We will send you periodic emails and texts requesting information before and after the event. You should respond to us timely if anything changes in the schedule. We are not responsible for any damages, missed specifics on the day of the event, or any other misunderstanding as a result of any miscommunication or misleading or lacking information related to the event. You understand it is you are fully responsible to ensure that information arrives clearly at us. 

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Photoproduction policies​

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1. Re-edits to photos: we will give you fully edited and prepared images for printing, including some photoshopping and adjustments when necessary. We include our watermarking to ensure you that we have done some editing, Any specialty services must be purchased separately. The fee must be agreed upon separately for any special editing. 

2. Backup and storage of photos: we advise you to back up your photos whether in the cloud or separate drives upon receipt. We are not responsible for keeping your copies after delivery, however, we keep master backups of all the files for up to 6 months after the event. 

3. Raw material: it is not included in this Agreement the delivery of raw material (= an image that is minimally processed, not ready to be printed or edited) as captured by the cameras, but only the pictures selected by the Client and processed by us. 

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Venue Policies:

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1. Restrictions in the location: you are responsible to get the permission of the venue to let us photograph during the event. You are also responsible for informing us about a second alternative location in case of an unfavorable weather condition. 

2. Outdoors: we reserve the right to shoot outdoors in extreme weather, which may damage our equipment and/or for the safety of our crew. If there is a borderline situation in the heaviness of rain, you understand that the final product may consist of less footage/photos than was originally intended. The payments rendered are non-refundable if poor weather or force majeure prevents us from photographing your event. It is your responsibility to have a backup indoor venue. 

3. Meals and Breaks: we require a quality meal during mealtime when covering events like weddings and long-standing ceremonies free of any charge. Under no circumstances can we eat sub-standard “vendor-meals”. You are responsible to inform your planner and/or venue. We are working for you for the entire day, and it is our policy to deserve a decent meal. 

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Damage To Equipment: If during the course of the event, any of our equipment is damaged due to the fault of any of the event guests, or any other vendor contracted by you (including but not limited to, venue workers, wait staff, planners) the CLIENT is liable for payment to replace that piece of equipment by covering the cost of the insurance excess. The CLIENT agrees to pay for said damage within three days of the event. 

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Delivery times: 

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1. Up to 30 days after the event, we will send you the whole package of photos for you to select the ones you want us to process and edit as necessary. 

2. Up to 3 days after you select the photos, we will deliver you the final result.

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Limit of Liability: If the PHOTOGRAPHER is injured or becomes too ill to be present in the event, we will make every effort to find a qualified backup photographer. If a suitable backup is not found, responsibility and liability are limited to the return of all payments received for the photography package. The PHOTOGRAPHER will take the utmost care with respect to exposure, transportation, and processing of the photographs. However, in the unlikely event that photographs are lost, stolen, or destroyed for reasons within or beyond our control, liability is limited to the return of all payments received for the event photography package. The limit of liability for a partial loss of original files shall be the same proportion of the total payments received as the proportion of lost photographs to the total number of photographs made. 

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1. License granted to you: The copyright in all photographs resulting from this agreement remains our property. We do not accept commissions to create Photographic Works. You and we have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.

1. We grant you a non–exclusive License to use those parts of the Photographic Works selected by you, however, this License does not include the right to copy, reproduce or publish the photographs or any part of the Photographic Works without our permission for commercial use.  

2. You acknowledge that the purpose of the creation of the photographs includes our right to:

1. enter the photos into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and

2. advertise or otherwise promote our work; and

3. submit the photographs for display at art galleries or other premises; and

use the photographs for any other purpose within our business activities.

 

Privacy and Personal Information: We comply with the Privacy Act 1993 and will take all practical steps to achieve privacy protection.
 

1. Consumer Guarantees Act 1993: The Consumer Guarantees Act 1993 may apply to the licensed photographs provided by us if you acquire those licensed photographs 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. However, if you are acquiring the photographs for business purposes, then your rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this last case, we may grant you a separate licence agreement. 

2. Confidentiality: You must advise us as to whether any material or information communicated to us is of a confidential nature. We will keep confidential material or information communicated to us in confidence for the purposes of the photography services, except where it is reasonably necessary to enable us to carry out our obligations in relation to this agreement. 

3. Non-discrimination. Both parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities, and obligations under this agreement because of race, colour, religion, gender, age, marital status, disability, political or religious beliefs, national or ethnic origin.

4. Indemnity for Breaches of Intellectual Property: you shall fully indemnify us in respect of any claims, costs, or expenses arising out of any illegal or defamatory photographs produced for the Client or any infringement of an intellectual property right of any person.

5. Force Majeure: Neither you nor we shall be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, pandemics, labour disputes, civil commotion, the intervention of a government, accidents, interruption to transportation, or any other cause outside our control unless otherwise stated. 

6. Entire Agreement: This Agreement incorporates your and our entire understanding of the terms. Any modifications of this Agreement must be in writing in the form of an Addendum and signed by all parties. 

7. Dispute Resolution: If a dispute arises, the parties will, in the first stage within 5 working days of a written request from one party to the other, meet in a good faith effort to resolve the dispute. The second stage is to settle it by giving 20 days' notice in writing to initiate a mediation. The third stage is court proceedings only when mediation fails. 

8. Jurisdiction: The laws of New Zealand shall govern this Agreement.

9. Offer Validity: This agreement is an offer of services to you and is only valid for 10 days after you receive it. We cannot book and guarantee your desired date until a deposit is made.

10. Approval: You read, understand, and agree to abide by the terms of this photography agreement as they are listed above.

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