Terms & Conditions
Please ensure you have read the below terms and conditions upon booking a wedding session with me. By completing a booking, you confirm that you have read, understood, and agree to all of the terms and conditions as outlined below, please note that these do not supercede or override bespoke terms in the signed contract between the parties. Example contract only.
Wedding Photography Services Agreement
THIS AGREEMENT is made as of Current Date (the “Effective Date”) between Client Name (“Client”) and True Focus Photography (“Photographer”).
1. Engagement of Photographer
1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”) in connection with the wedding of Client Name and Client's partner (the “Wedding”).
Date of Wedding: Session Date
Location of Wedding: Session Location
Description of Services:
XX hours photography service (this includes travel time to the venue and other locations). This will include a minimum of XX digital, high-resolution images, delivered via an online gallery. Outdoor photography subject to weather conditions, any rain will result in limited ability to photograph outdoors.
As part of the Services, the Photographer will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.
1.2 Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services in coverage of the Wedding, unless otherwise agreed to by the parties in writing.
2. Fees and Booking Fee
2.1 Fees. Client will pay Photographer the fees set out in this Section 2.1 (“Fees”). Photographer is not registered for GST and no GST is payable on the Fees.
Total Fee for Services: The XX Package $XX
Additional Hourly Pricing: $200/hour, includes 10 additional photos per hour.
Payment Schedule:
a. 50% of the Total Fee is due upon receipt of invoice (the “First Payment”).
b. The remaining 50% of the Total Fee is due no later than 7 days before the Wedding date (the “Final Payment”).
2.2 Non-Refundable Portion of First Payment. Client acknowledges and agrees that 25% of the Total Fee is strictly non-refundable (the “Booking Fee”). The Booking Fee forms part of the First Payment and secures the Client’s wedding date in Photographer’s calendar. It compensates Photographer for reserving the time and declining other bookings. The remainder of the First Payment and the Final Payment are subject to the cancellation terms set out in Section 6..
2.3 Invoice. Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding on or prior to the due dates set out above. Any payment after the due date will incur a late fee of 2% per month on the outstanding balance (compounding monthly).
3. Client Responsibilities
3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees of the Wedding.
3.2 Expenses. Client will provide the means of travel or be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not in the city of Christchurch. Client will be responsible for any other expenses incurred by Photographer that are necessary for the performance of the Services as more particularly set out in Article 2.
3.3 Meals. When Services exceed 3 continuous hours, Client will provide Photographer with a meal break and either a meal or reimbursement for reasonable meal expenses.
3.4 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.
4. Photographer Responsibilities
4.1 Equipment. Client will not be required to supply any photography equipment to Photographer.
4.2 Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities. Photographer warrants that Services will be provided with reasonable care and skill, consistent with the Consumer Guarantees Act 1993.
4.3 Photography Staff. Photographer will, and will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services):
comply with the reasonable directions of Client from time to time regarding the safety of attendees at the Wedding and applicable health, safety and security requirements of any locations where the Services are provided;
ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.
Photographer will be responsible in every respect for the actions of all Photography Staff.
5. Artistic Release
5.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
5.2 Style. Client acknowledges and agrees that:
Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style,
Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
6. Term and Termination
6.1 Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).
6.2 Cancellation. Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 10 days before the original date of the Wedding (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article 6 is duly provided or unless the parties otherwise agree in writing.
6.3 Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is available on the new date, the Booking Fee will be applied to the rescheduled booking. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client, and Photographer will be under no obligation to perform the Services other than on the original date of the Wedding.
6.4 No Refund of Booking Fee. Client acknowledges and agrees that the Booking Fee (as described in Section 2.2) is strictly non-refundable under any circumstances other than photographer cancellation.
Please Initial here
6.5 Refund of Remaining Payments. Any other payments made by Client, including the refundable portion of the First Payment and the Final Payment, will only be refunded if written notice of Cancellation is provided in accordance with the Minimum Notice period set out in Section 6.2.
6.6 Replacement. In the event that Photographer is unable to perform the Services, Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Booking Fee and all other fees paid by Client, and thereafter shall have no further liability to Client.
7. Ownership of Work Product by Photographer
7.1 Marketing, Portfolio and Promotional Use
Client acknowledges and agrees that Photographer may use photographs, video, and other Work Product created under this Agreement for:
Portfolio display;
Website galleries;
Blog posts;
Social media posts;
Social media advertising whether paid or unpaid;
Print advertising;
Online advertising whether paid or unpaid;
Marketing and promotional materials;
Photography competitions, awards and professional accreditation submissions;
Educational and business development purposes.
Such use may occur before or after delivery of the Work Product and may continue indefinitely unless otherwise agreed in writing, images used within reason.
Please Initial here
7.2 Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees at the Wedding) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Wedding Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Wedding Materials as provided herein.
8. Limited License to Client
8.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.
9. Indemnity and Limitation of Liability
9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.
9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Deposit) shall be returned within 15 days of the date of termination of the Agreement.
9.3 Failure to Deliver. Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees at the Wedding that are beyond the control of Photographer (e.g., camera flashes).
9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.
10. Model Release
10.1 Client grants Photographer permission to photograph all participants attending the event and to use such images in accordance with this Agreement.
Client acknowledges that photographs may include the Client, wedding party, guests and family members.
Client acknowledges that Photographer cannot reasonably obtain individual consent from every attendee present at the Wedding.
Client warrants that they have authority to enter this Agreement and consent to Photographer's use of the resulting images as described herein.
10.2 Acknowledgement of Promotional Use
Client acknowledges that the Fees charged under this Agreement are calculated on the basis that Photographer may use Images for marketing and promotional purposes. Restricting such use may require a separate agreement and additional fee.
Please Initial here
11. General
11.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Photographer’s Email: info@truefocus.co.nz
Client’s Email: Client Email
11.2 Survival. Articles 7, 8, 9 and 10 will survive termination of this Agreement.
11.3 Governing Law. This Agreement will be governed by the laws of New Zealand
11.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.
11.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.
11.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.
11.7 Privacy Clause. Unless a separate written Privacy Agreement has been entered into, Photographer may use Images in accordance with Sections 7 and 10.
11.8 Future Withdrawal. Any request to cease future promotional use must be made in writing. Photographer may, at Photographer's sole discretion, cease future promotional use but shall not be required to remove existing publications, advertisements, website content, portfolio entries, blog posts or social media posts created before receipt of the request.