Terms and conditions are as much about protecting your rights to a professional service as the photographer’s intellectual property. Although Michelle Kelly Photography retains copyrights to all the images taken, any digital photos purchased by you allows you unlimited non-commercial image reproduction. Which in short means you can make as many copies as you like to distribute between friends and family, but you can not sell the images for commercial gain.
By completing our booking form you are agreeing to this contract, and you acknowledge acceptance of the terms and conditions detailed below, which also underlines our commitment to giving you a professional service.
DEFINITIONS AND INTERPRETATION
The following terminology applies to these terms and conditions (“the Terms”), the Booking or Order (“Booking/Order”) and any other special conditions agreed in writing between the parties:
“The Photographer” shall mean Michelle Kelly Photography or, any photographers appointed by Michelle Kelly Photography.
“The Client” shall be those whose name appears on the contract.
“The Parties” shall mean both The Client and The Photographer.
“Entire Agreement” or “This Agreement” shall mean the Booking, together with these standard terms and conditions and any other special conditions agreed in writing between the parties. It contains the entire understanding between The Photographer and The Client and supersedes all prior and simultaneous agreements between the parties. Any variation or modification to this agreement shall not be valid unless in writing and agreed to and signed by all parties to this agreement. The parties to this agreement intend to be bound by these Terms.
I/We have read and accept the Terms as set out in this Agreement. I/We also acknowledge that these terms apply to any entities associated with us but not listed. We jointly and severally acknowledge that all clauses within this agreement are accepted without exception.
1. INSTRUCTIONS MUST BE IN WRITING
1.1 The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed to in writing.
2. SEPARATE AGREEMENTS
2.1 Each separate Booking made by the Client shall, together with these terms and conditions and any other special conditions agreed in writing between the parties, constitute a separate Agreement between the parties.
3. DATE RETAINER & BOOKING
3.1 To reserve your date a non-refundable date retainer of $500 together with this signed agreement, are required. This retainer is applied to the Wedding Package you have selected, with the total balance due, four (4) weeks before the Wedding Day.
3.2 The Client understands and agrees to pay the total balance for the selected Wedding Package, four (4) weeks before the Wedding Day.
3.3 The Client agrees if the balance is not paid by due date: The Photographer will not photograph the Wedding Day as per the Agreement; the Client accepts the loss of the $500 date retainer and no liability to The Photographer.
4. SERVICES PERFORMED BY PHOTOGRAPHER & ADDITIONAL COVERAGE
4.1 The Photographer will consult with the Client prior to the Wedding Day to review any requests with regard to, desired images, the timeline for events and if practicable, viewing the venue.
4.2 On the Wedding day, the Photographer will arrive at the agreed start time, provide photography services throughout the event and conclude services at the time agreed, unless the Parties agree to extend services. Extended service will be charged per half hour at the rate of $300/hr.
4.3 Should the Client request additional travel time, which is not included in the agreed Wedding Package, this will be charged out at $1.50 per kilometre.
4.4 The Photographer has the right to refuse to photograph elements they find morally objectionable.
5. TRAVEL AND ACCOMODATION COSTS
5.1 The Photographer agrees to cover all travelling costs associated with the wedding within 150km of Papakura. Any travelling to areas outside of this shall be payable by the Client, including, but not limited to any accommodation costs.
5.2 Excessive distances (more than 150km outside of Papakura) will incur a travel surcharge at $1.50 per km travelled to cover both the extra mileage travelled and the Photographers time. Should the Photographer need to travel longer than 2 hours from the Wedding venue to Papakura, then accommodation must be booked for the Photographer. This will be either invoiced to the Client or the Client may provide secure, lockable and non-shared accommodation.
6. SHOOTING TIME AND WEDDING PARTY CO-OPERATION
6.1 The photography schedule is designed to accomplish the goals and wishes of The Client in an enjoyable manner. The Parties agree that cheerful co-operation and punctuality by all members of the wedding party are therefore essential to that purpose.
6.2 Late arrival could reduce the amount of time for the photographs and The Photographer shall not be held liable for failure to take desired photographs.
6.3 The Photographer is not responsible if key individuals fail to appear, fail to co-operate during photography sessions, or for failure to capture images due to details not revealed to The Photographer.
7. SECOND SHOOTER
7.1 If necessary, The Photographer may use a second shooter. It is the responsibility of The Photographer to arrange a photographer who she is confident has the knowledge and equipment to perform at The Photographers standards. The Client will not be involved in the selection of the second shooter.
7.2 The Client also understands that the second shooter is working as an assistant to The Photographer and will not be delivering a separate gallery to The Client.
7.3 The Client agrees to not contact the second shooter privately, before or after the Wedding event, to request photos from the event or for any other reason relating to the photography of the event.
8. EVENT MEALS
8.1 The Client will provide a hot meal for the Photographer during the reception. For the Photographer to provide the best service for you, meals must be served at the same time as when the bride and groom are served. This enables creative / sunset photos with the bride and groom as soon as they / we have finished eating. This also allows The Photographer to prepare for speeches which are usually straight after guests have finished eating. Please convey this to your venue – as most venues normal practice is to feed vendors last.
8.2 In the event that a hot meal is not provided, the Photographer retains the right to leave the venue to have a meal. In this instance the Photographer cannot be held liable for any coverage not completed during this time.
9. OTHER VENDORS
9.1 Coordination with other service providers is necessary to complete all the photography as scheduled. The Client will share the photography schedule with other service providers to ensure that there are no conflicted times. In addition, events during the wedding day should be planned to make the best use of time for all vendors.
10. PERMISSION TO PHOTOGRAPH GUESTS
10.1 It is the bride and groom’s responsibility to gain permission from all guests to be photographed.
10.2 The Photographer understands that in some circumstances, certain guests may not want to be photographed. Anyone who does not grant permission to be photographed must be communicated to the Photographer in writing, prior to the Wedding Day and pointed out to the Photographer on the event day prior to the Wedding ceremony taking place.
11. COVERAGE AND ARTISTIC LICENCE
11.1 The Client will be responsible for or have someone designated, to identify people of whom specific photographs are desired.
11.2 The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs.
11.3 The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer’s judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the variables of the weather and the willingness of subjects, it may not be possible to capture all the images requested.
11.4 For a Wedding involving a Church ceremony, The Photographer’s movements are sometimes restricted by the Minister in charge. The Photographer can only cover the ceremony from the place she is directed to photograph from. If the Photographer has no choice in this situation, the Client agrees that the Photographer cannot accept responsibility for any obstructed view.
11.5 The Photographer may also be limited by the guidelines of ceremony officials or reception site management. The Client agrees to accept the technical results of their imposition on The Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility.
11.6 Every reasonable effort will be made to take photographs as requested and agreed, but the Client accepts that no specific pose or photograph can be promised. Any lists or images of inspiration supplied will be used for creative planning purposes only.
11.7 The Photographer agrees to conduct minor retouching to each of the photographs provided to the Client to the extent that The Photographer believes necessary in their sole opinion and whilst acting reasonably. Minor retouching includes, but is not limited to, colour correction, spot removal and red eye removal.
11.8 Any extra retouching, digital manipulation and artistic finishing to the photographs is available to the Client as an optional extra and will be quoted for separately.
11.9 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.
12. FINAL DELIVERY
12.1 The Client understands that no part of the Wedding Package, including previews, will be delivered until the outstanding balance has been paid in full.
12.2 One week after the Wedding you will receive a small ‘preview’ of 20 images to share with friends and family and to use on social media. Digital processing takes approximately six to eight weeks. Prints, reproductions, and enlargements can take a further two weeks, and possibly longer when print-processing and bindery schedules are heavy. During the busy summer season, digital photography processing can take up to 10 weeks.
12.3 The Photographer will use their professional judgement and sole discretion to select which photos to deliver.
12.4 The Photographer will not be liable for any loss or damage arising from any reason or any delay in the completion of the Photographic Works.
13. COPYRIGHT & LICENCE GRANTED TO CLIENT
13.1 The copyright in all Photographic Works resulting from the Booking/Order remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. These terms override section 21(3) of the Copyright Act 1994.
13.2 Conditions of Licence: The Photographer grants the Client permission to use the Photographic Works for private and personal reproduction and sharing to social media for sharing and enjoyment of friends and relatives.
13.3 Any images which are intended to be distributed (i.e. emailed, uploaded onto social networking sites) shall be credited to ‘Michelle Kelly Photography’ through a link to either Facebook, Instagram or website.
13.4 The images shall not be altered or edited in any way without the prior consent of The Photographer.
13.5 The Client must obtain written permission from The Photographer prior to The Client or their friends and relatives publishing the images in any magazine, blog or publication or before lending or selling the photographs for profit or any commercial purposes.
13.6 The Client shall not provide images to other wedding vendors without the consent of The Photographer. Any contracted use of these images is between the Photographer and the vendor in question. No rights to these images may be transferred to any other person or company, whether for profit, or as a gift.
13.7 The Client acknowledges that the Photographer has permission to enter the Photographic Works into competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and advertise or otherwise promote the Photographer’s work; and to distribute an album of images to vendors for them to share online and in print; and submit the Photographic Works for features in magazines or industry blogs and websites; and submit the Photographic Works for display at art galleries or other premises; and use the Photographic Works for any purpose within the Photographer’s business activities including but not limited to their website, social media and advertising.
13.8 The Client hereby relinquishes any right to examine or approve the completed product, the copy or any printed matter that may be used in conjunction therewith or the use to which it may be applied. This agreement shall be binding upon the Client, their inheritors or successors, legal representatives, or other delegates. Should the marriage be dissolved, this agreement shall continue to be binding upon all parties.
13.9 Negatives / digital files remain the sole property of the Photographer.
13.10 You may not sell the image files or prints produced from the files whether in original form, or after any amount of alteration. Other persons may not use the image files as a basis for the creation of any artworks if that artwork is to be used for any commercial purpose.
13.11 Copyright in any new Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Works shall remain with the Photographer and shall be licensed to the Client on the same terms and conditions of this Agreement.
13.12 The Client will be personally liable for communicating the limitations of this Agreement to any person who receives a copy of the images, and are personally liable for any illegal uses that arise from the distribution of these images to other persons.
13.13 Any breach of the Agreement by the Client which results in damage to the professional reputation of the Photographer, entitles the Photographer to compensation from the Client for that damage in addition to any other remedies available to the Photographer.
If in doubt or if you have a question about any specific usage, please contact the Photographer to ask for clarification or permission before proceeding with such use.
14. ALTERATIONS TO THE AGREEMENT
14.1 The Client shall notify the Photographer immediately of any changes in the Wedding event schedule or location, at least seven (7) days in advance of the scheduled Wedding Day. If the Client notifies the Photographer by phone, a written (i.e. email) confirmation must be sent within two (2) days of such notification.
15.1 Although every possible care will be taken to produce photographs of all important and special moments during the wedding, the Photographer cannot place an unconditional guarantee on the above.
15.2 The Photographer will endeavour to supply the approximate number of shots stated in the Wedding Package but due to uncontrollable circumstances, that number is not guaranteed. Such circumstances may include but are not limited to, inclement weather conditions, timing delays, or changes to the event.
15.3 The Photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes, or any other ruined photographs due to any other cause outside of the Photographer’s control.
16. EXCLUSIVITY & GUEST PHOTOGRAPHY
16.1 So that you receive the best service and most compelling photos possible, The Photographer must be the only vendor offering a photography service at the wedding. Other vendors offering photography as an ‘add-on’ to their primary service are also not allowed (i.e. DJs offering a photography service).
16.2 To capture formal family and group portraits i.e. after the Wedding ceremony and/or during the bridal party portrait session, the Parties agree that the sessions are for the express use of The Photographer. Because of time constraints and the need for subjects to give full attention to The Photographer, guests cannot be permitted during the formal photography sessions.
If time permits, The Photographer may make opportunities throughout this session for guests to take photos.
16.3 Guests are welcome to take photos – with one caveat: If guests inhibit the Photographer’s ability to fully document your Wedding, the Photographer will request you (the Client) to intervene to resolve the issue. The Parties agree that The Photographer will not be held responsible for photograph shots missed or compromised due to interference by other wedding guests, or vendors. (Note this doesn’t prohibit photobooth companies).
16.4 During the private photography session, it is asked that no other still photographs are taken other than by prior mutual agreement.
17. ATTENDANCE / SUBSTITUTE PHOTOGRAPHER
17.1 In the unlikely event of severe medical, natural, or other emergency it could be necessary to secure the services of an associate photographer to cover the event. In this situation, the Photographer will make every effort to secure a skilled replacement photographer. The Photographer shall use their best efforts in selecting the Substitute Photographer to ensure that he/she is of equal experience to the originally assigned photographer. In this event Michelle Kelly Photography holds no responsibility for the resulting product.
17.2 Shall the Client not accept the Substitute Photographer and choose to appoint a new photographer of their own choice, any payments made less the non-refundable date retainer, will be refunded.
17.3 If this situation should occur and a suitable replacement is not found, the responsibility and liability are limited to the return of all payments received for the Wedding Package including the date retainer.
17.4 The Client acknowledges that it will be the sole decision of the Photographer whether the circumstances are legitimate enough to prevent the fulfilment of the contract.
18. CANCELLATION OR POSTPONEMENT OF BOOKING
18.1 Effective termination of the Order by the Client must be in writing and give reasonable notice to the Photographer as described below. The Date Retainer is non-refundable.
18A.1 As the Agreement is date specific and Michelle Kelly Photography operates on a peak season basis, there are limited dates available for the Photographer to take bookings. For this reason, the Date Retainer is non-refundable. This even applies if the date is changed or the Wedding is cancelled for any reason, including but not limited to; acts of God, earthquake, flood, fire, warfare, pandemic, government laws or regulations, accidents, electrical failure, interruption in transportation, strikes by suppliers.
18A.2 If the postponement is due to a governmental lockdown where weddings cannot legally take place then section 28. PROTOCOLS IN EVENT OF HEALTH PANDEMIC OR STATE OF EMERGENCY comes into effect.
18B.1 Cancellations are accepted up to 60 days prior to the Wedding Day, with a refund of any payments made, excluding the non-refundable date retainer.
18B.2 Cancellations within 60 days of the event are required to be paid in full, to cover losses suffered by the Photographer and their inability to re-schedule work and/or re-allocate resources for the original date.
18B.3 Unless the date can be booked for an event of similar value, 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 changed.
18B.4 If the Photographer cancels for any reason, all payments received will be refunded with exceptions to reasons outlined in other clauses.
18B.5 The Client acknowledges and agrees that these cancellation/postponement fees fairly reflect the loss suffered by the Photographer and the Photographer’s ability to re-schedule work and re-allocate resources, depending upon the amount of notice given.
18B.6 The Client is hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
19. CLIENT PROPERTY AND MATERIALS
19.1 Client property and all property and material supplied to the Photographer by or on behalf of the Client is held at the Client’s risk and the Photographer accepts no responsibility for the maintenance or insurance of that property or material.
19.2 Where property and materials are left with the Photographer without specific instructions, the Photographer may dispose of them at the end of six months from the date of receiving them and retain the proceeds.
20. PHOTOGRAPHER NOT LIABLE FOR LOSSES
20.1 Except as provided by the Consumer Guarantees Act 1993, the Photographer shall not be liable for:
20.1a Any loss or damage arising by reason of any delay in the completion of the Photographic Works; or
20.1b. Any loss of profits or revenues; or
20.1c. Any indirect or consequential loss of whatever nature; or
20.1d. Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions.
21. LIMITED LIABILITY
21.1 All care and diligence will be exercised in the performance of this Agreement and that the liability is limited to monies paid should mechanical failure, theft, accident, ill health or any other mishap occur which prevents the fulfilment of the Agreement.
21.2 The Client agrees that an entire wedding cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and limits the photographer’s liability to the amount paid under this Agreement.
21.3 In the unlikely event of a total photographic failure (including but not limited to lost, stolen or destroyed equipment and/or images) or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
21.4 The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond The Photographer’s control, The Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
21.5 The Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused (including negligence), arising out of or connected with the performance or failure of performance of any Photographic Works or photographic services supplied by the Photographer, shall not exceed the full value of the payments made by the Client under the Agreement.
21.6 Due to a variety of lighting conditions and the limitations of professional digital capture, some colours may alter slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly into a digital photograph and it is sometimes impossible to record digitally the exact colour as seen by the human eye.
21.7 The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. 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.
21.8 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.
22.1 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:
22.1a Any breach by the Client of the Agreement;
22.1b. Any illegal or defamatory Photographic Works produced for the Client;
22.1c. Any infringement of an intellectual property right of any person; or
22.1d. In recovering any moneys due.
22.2 Such loss, claim, damage or expense shall be moneys due for the purposes of these terms and conditions.
22.3 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.
22.4 The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
23. IMAGE LIFESPAN & STORAGE OF DIGITAL PHOTOGRAPHIC WORKS
23.1 The Photographer is not responsible for the life span of any digital technology or media readers that might result in an inability to read discs or USBs or any other digital means provided after 6 months.
23.2 It is the Client’s responsibility to ensure images are copied to new technology.
23.3 All reasonable steps to protect the images that are recorded at the event will be taken until the images are delivered.
23.4 Once the Client receives the Photographic Works, they accept all responsibility for archiving and protecting any digital files related to the Event.
23.5 The Photographer is not responsible for the lifespan of any digital media provided, or for any future changes in digital technology or media readers that might result in an inability to read the data provided.
23.6 It is the Clients responsibility to make sure that digital files are copied to new media and backed up as required. The Photographer strongly recommends keeping at least one archival back-up of your digital files in a different location (e.g. online backup).
23.7 While the Photographer will follow their usual backup procedures 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.
23.8 Where backups are available, these may be made available to the Client for a fee.
24. PRIVACY AND PERSONAL INFORMATION
24.1 The Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.
24.2 The Client must advise The Photographer as to whether any material or information communicated to her is of a confidential nature. The Photographer will keep confidential material or information communicated to her in confidence for the purposes of the photography, except where it is reasonably necessary to enable The Photographer to carry out her obligations in relation to the Booking.
24.3 As part of creating the Photographic Works, the Photographer may collect and retain personal information about the Client. The personal information may be used by the Photographer for communicating with the Client for any purpose relating to the Photographic Works (including arranging third party services), direct marketing and in connection with these terms and conditions.
24.4 Personal information collected by the Photographer shall be retained in the Photographer’s database. The Client may access and request correction of any of the Client’s personal information by contacting the Photographer.
25. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY
25.1 The Client shall fully indemnify the Photographer in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Client or any infringement of an intellectual property right of any person.
26. FORCE MAJEURE
26.1 Except for an obligation to pay monies, neither the Client nor the Photographer shall be liable for any act, omission or failure to fulfil its obligations, or any loss or damage arising directly or indirectly due to an act of God, pandemic, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather or any other cause outside the Photographer’s control.
26.2 The Photographer may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of The Photographer, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), pandemic, infestation, governmental order, or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility whether declared or not), or any hazardous situation created outside the control of The Photographer such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
26.3 The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Where this occurs, the parties shall utilise best efforts to obtain an agreement which is mutually beneficial taking into consideration each parties circumstances.
26.4 In any of these circumstances listed above, the date retainer remains non-refundable.
27. HEALTH & SAFETY
27.1 A safe environment shall be provided for the Photographer.
27.2 Should the photographer find themselves in an unsafe or threatening environment then the Client shall be notified. If no action is taken immediately to improve the situation the Photographer has the right to leave the venue or premises which then ends their duties for the day.
27.3 In the extreme situation of sexual or physical assault then the Photographer retains the right to immediately leave the wedding. The Client understands that in such an event, the photographer is released from any and all liabilities and monies paid shall remain non-refundable.
27.4 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.
27.5 The Photographer will not tolerate verbally or physically abusive behaviour. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and decrease the number of quality photos created.
27.6 If the conduct of the Client or their guests result in damages to any of the equipment of The Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refund will be given and an invoice for damages will be presented. Payment to repair or replace the damaged equipment, must be transferred to The Photographer’s bank account, within 7 days from receipt of invoice.
27.7 If the Client requests Photographic works that will take place aboard an aircraft (i.e. in flight), a boat (i.e. afloat), farm machinery or any other vehicles/machinery, The Photographer retains the exclusive right to decide whether to take the photographs or not.
27.8 The Health and Safety of The Photographer, the Parties and everyone present on the Wedding Day, is of most importance, so to have your request considered, please note the following requirements:
27.8a The Photographer will only consider flying with commercially operating companies in commercially licensed aircrafts and professionally licensed pilots;
27.8b If The Photographer decides not to board an aircraft, boat, farm machinery or any other vehicle/machinery, The Photographer will not be held liable for not shooting those photographs and no refunds/discounts/reshoots will be given.
27.8c If the weather is not ideal or The Photographer considers there is a serious Health and Safety issue – and The Photographer cancels the photographs, The Photographer is not liable for any accidents, injuries, or death relating to the aircraft or vehicles.
28. PROTOCOLS IN EVENT OF HEALTH PANDEMIC OR STATE OF EMERGENCY
28.1 The Parties agree that no performance will be required of either party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders.
28.2 If, during the Term of this Agreement, any Health Pandemic, as defined by the Centers for Disease Control and Prevention (“CDC”), World Health Organization (“WHO”) or Prevention Agency guidelines (“Health Pandemic”) or State of Emergency as defined by the New Zealand Government arises, and The Photographer deems providing the services under this Agreement would put The Client, other vendors, The Photographer’s staff or themselves at risk, it is the exclusive discretion of The Photographer as to whether or not the services must be cancelled or postponed.
28.3 If the wedding needs to be postponed due to a Governmental Lockdown or State of Emergency where the wedding cannot occur then the date retainer and any other payments made are transferable once only to a new date so long as it is available. However, if the new date is more than 1 season later then new pricing will apply.
28.4 If The Client chooses a date that The Photographer is not available then The Photographer retains the right to provide an associate shooter to capture the wedding.
28.5 Should The Client choose a date that The Photographer is unavailable and decline the option of an associate photographer then the booking is void and the date retainer and any payments made remain non-refundable.
28.6 Should The Client choose to cancel the wedding rather than postpone, then the booking is void and the date retainer and any payments made remain non-refundable.
28.7 The Parties agree that, due to the extreme and sometimes sudden circumstances that a Health Pandemic or State of Emergency would create, a date transfer option allows The Photographer and The Client to reach a mutually conducive solution.
28.8 If The Client chooses a larger package at the time of rescheduling, The Photographer will calculate the difference of the originally agreed-upon package and new package prices as defined by The Photographers pricing schedule at the time of the rescheduled event.
28.9 The Client may not choose a smaller package at the time of rescheduling if they choose to rebook on a peak season Saturday date.
28.10 The Photographer retains the right to leave at any time should she feel her health and safety is at risk as a result of any person at the wedding showing symptoms of Covid19 or should The Photographer discover that a person at the wedding has tested positive for Covid19. In this instance The Photographer is released from any and all liabilities and monies paid shall remain non-refundable.
28.11 If the wedding can still legally happen but is being postponed due to guests not being able to attend due to lockdown, a financial or personal situation, or any other situation as a result of Covid19, then this is deemed a change of mind and the usual Cancellation Policy applies.
28.12 If The Client cannot make their booking due to border restrictions but weddings can legally still happen in the place of booking then in this instance the usual Cancellation Policy applies, the date retainer is non-refundable and Cancellations within 60 days of the event are required to be paid in full, unless the date is able to be booked for an event of similar value.
29. DISPUTE RESOLUTION / COMPLAINTS
29.1 The Parties agree to use their best efforts to resolve any dispute which arises through good faith negotiations.
29.2 Either party may raise a dispute by written notice to the other party. Any complaints by The Client should be first raised with The Photographer in writing within 10 working days from the date of receiving images.
29.3 Within 3 working days of receipt of a dispute notice, the parties shall meet (or otherwise communicate if meeting is not practicable) and attempt to resolve the dispute through good faith negotiations on a ‘without prejudice’ basis.
29.4 Neither party may commence any litigation in relation to the dispute unless 14 days have passed since the parties met (or otherwise communicated) and endeavoured in good faith to resolve the dispute on mutually acceptable terms.
30.1 If any provision of this Agreement is held to be invalid or unenforceable under New Zealand law, the validity of this Agreement as a whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect.
30.2 Failure by The Photographer to enforce any of the Terms and Conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.
31. GOVERNING LAW / JURISDICTION
31.1 These Terms and Conditions are governed by, and to be construed in accordance with New Zealand Law. The Client irrevocably submits to the exclusive jurisdiction of the New Zealand Courts.