Terms & Conditions

1.    ENTIRE AGREEMENT

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

Nothing in this agreement shall create a partnership, agency or other relationship between the parties, other than the contractual relationship expressly provided for in this agreement.

Neither party shall have, nor represent that he has, any authority to make any commitment on another party's behalf, except as provided in this agreement.

2. SERVICES

We will provide our services and support to you in accordance with your instructions and will ensure there is a clear understanding with you of the scope, importance, and timetable of each set of instructions. We will deliver our services and support in accordance with all applicable professional and legal obligations. We will act with all due care and skill, to provide quality assistance and support.

The Photographer generally finishes the projects within the agreed upon Timeline. However, they also reserve the right to adjust the completion date based on influx and order needs. Communication of any adjustments in delivery timeframe will be communicated to the client as early as possible and all reasonable efforts will be made to deliver within the agreed upon timeframe. No refund will be given based on time required for the project to be finished, or for artistic preferences. As a creative the Photographer will have days that flow and days that won't however all agreed deadlines will still be met.

The turnaround time the client will receive final deliverables is 8 - 10 working days from date of the photo shoot.

3. REVISIONS

The work the photographer produces will be based on the briefing documents you, the Client, supplies and conversations we have around the direction of the services. If there are any issues surrounding the supplied deliverables or should the Client wish to make any changes to the final images delivered, the Client must advise of changes via email within 3 working days of receiving the gallery.

Contact must be made to sophie@sophielouisecreative.co.nz within 3 working days. If a request for change is given after this period, the Photographer will charge the client and draw up a new quote to make further changes.

4. PHOTOGRAPHER'S OBLIGATIONS

We undertake to provide you with services that meet your needs and requirements on either an ongoing or one-off project basis at the cost agreed upon. Such services are to be provided with skill and care and within an agreed timeframe and/or budget. Additionally, we undertake to respond promptly to requests for urgent assistance.

5. CLIENT OBLIGATIONS

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

6. COST, FEES & PAYMENT

The Client shall pay a deposit (the “Deposit”) of 50% at the time of entering into this agreement. Payments can be made online by way of bank transfer.

Work on the Client's project relating to either pre-production tasks or shooting does not commence until a 50% deposit is paid and received by the Photographer. Pre-production activities may include tasks critical to the success of the project such as scheduling of talent and locations, prop sourcing, location scouting, and creative conceptualisation. As a result, failure of the client to pay the deposit may result in delays of deliverables being received and possible cancellation/rescheduling fees.

Additionally, the Client accepts that the deposit payment is non-refundable.

The Client accepts that final payment is due upon project completion but prior to images being released to the Client.

Additional costs may apply for props, prop sourcing and travel needed for the shoot and will be added to the invoice.

The client accepts all payment for the delivery and return of products to and from the Photographer. Either by way of providing a return shipping bag or shipping costs being added to the final invoice.

We can provide estimated quotes for specific assignments. In the absence of advertised fees or quotes our usual practice is to charge for our services by reference to the time spent by relevant staff charged at their hourly rate. We also take into account other factors including complexity, difficulty or novelty, the specialised skill or knowledge required, the volume of work involved, the urgency of the work and the overall result.

If you are requesting a service from us, you are engaging us. Service requests may be verbal (either telephone or in person) or written (e.g. letters, texts, app messages, notices, or email).

We do not send statements unless requested. In order to help us stay focused on service to you as a client, without debt collection concerns, you agree to pay our accounts promptly and as per these terms. Failure to pay within 7 days following the date of invoice will result in an overdue email being sent out. Late payment may incur interest weekly at a rate of 20% pa. This will be payable on monies outstanding from the date payment was due until the date payment is received.

You are liable to pay our accounts on our agreed terms whether or not you have a right of recovery from a third party and whether or not a third party seeks a review of our charges. If an account is not paid, we may choose not to do any further work and retain custody of work done until all accounts are paid in full or alternative arrangements are made.

7. QUOTATION & FEE ESTIMATES

Where a quotation is given by us for services:

The quotation shall be valid for 30 days from the date of issue unless otherwise specified in writing.

The fee shall be exclusive of disbursements and goods and services tax unless specifically stated to the contrary.

We reserve the right to withdraw any quotation given to you without prior notice at any time after the quotation is given and before acceptance by you.

Where services are required in addition to the services contemplated by the quotation, you agree to pay for the additional cost of such services.

A quotation may include an estimate of the cost of a service to be provided by a third party. Any variation in the actual charge made by the third party may result in a variation to the total price payable by you. Where a fee estimate is given, and an engagement has begun on the basis of the fee estimate, we will endeavour to alert you to any change in cost exceeding 20% of the estimate.

8. CANCELLATION OF THE CONTRACT

If the Client cancels this contract at least 7 days before the shoot then the Photographer will retain the Deposit, but no further sum will be due.

If cancellation is within 7 days of the shoot, 75% of the full invoice will be due.

If the Photographer cancels this contract within 7 days of the Shoot then the Photographer will refund the deposit paid by the Client.

9. COPYRIGHT

Unless otherwise agreed, the client understands we will retain intellectual property rights in all original work we have prepared on your behalf as part of the Services. You will have the right to use the original work for the purpose for which it was intended. You 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.

10. ARTISTIC RELEASE

Style. Client has spent a satisfactory amount of time reviewing Photographer's work and has a reasonable expectation that they will perform the Services in a similar manner unless otherwise specified in this Agreement.

Consistency. Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photographer's current portfolio and will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

Every client and photography needs are different, with different tastes, budgets, and objectives;

Photography services are often a subjective art and photographer has a unique vision, with an ever-evolving style and technique;

Photographer will use their artistic judgement when providing Services for Client, which may not include strict adherence to Client’s suggestions;

Although Photographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Photographer shall have final say regarding the aesthetic judgement and artistic quality of the Services;

Dissatisfaction with Photographer's aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned. If the Client is not happy with the final deliverables, please see clause 3.

11. ELECTRONIC COMMUNICATIONS

We will correspond with you and others by electronic communication. As you are aware electronic communications are not secure. They may be read, copied, or interfered with in transit. We will not be responsible for any of the risks associated with electronic communication.

12. STORAGE AND BACKUP

The Client acknowledges that they are 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.

13. URGENT WORK

If Services are required within 5 working days, a rush fee of 20% of the total invoice will be added.

Where the Client requires Services on an urgent basis (which includes where the Photographer is unable to re-shoot or correct a shot because of an urgent deadline) the Photographer will not be liable for any losses or damages arising out of the inability to carry out a re-shoot or the costs of arranging a re-shoot.

14. DECLINING SERVICES

We reserve the right to decline any request for work that We consider is contrary to Our professional standards or that in Our view may be harmful to your or Our reputations. If you object to Us declining any work under this clause We have the right to terminate this Agreement with immediate effect.

15. CONFIDENTIALITY

The parties are aware that in the course of the performance of the Services they will each have access to and be entrusted with Confidential Information of the other. Accordingly, they undertake in respect of Confidential Information of the other of them, that both during and after completion of the Assignment, they will:

except as provided in this agreement, not divulge to any person whatever, or otherwise make use of (and will use his best endeavours to prevent the publication or disclosure of) any Confidential Information;

not use the Confidential Information in any way for himself or any other person, except in a way that is authorised by this agreement or by the proper authority of the other of them;

not publish Confidential Information on any social medium.

16. LIMITATION OF LIABILITY

We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;

If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for Services under this Agreement in the three months immediately prior to the event to which the liability relates. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage;

We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss. This includes loss caused by you providing us with incorrect information or by your delay leading to our Services becoming obsolete due to matters outside our control;

We are not liable for any loss or damage to your property, including items you send to us for Photographic Works.

You agree to insure your property as needed.

17. 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, delays in transit, difficulty in procuring components or equipment, accident, emergency, any labour 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 fulfil his obligations under this agreement despite the uncontrollable event.

18. GENERAL 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.

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

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

19. ACCEPTANCE

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."