This contract is here so both you and I understand what is expected of each other, and is a reference point to go back to if any questions arise. If you don't understand what something means or you would like to change the contract please just get in touch with me and we will try work something out.
This Agreement is made effective by payment of 30% deposit to Nathan Ramsey, hereafter referred to as the “COMPANY” and You, hereafter referred to as the “CLIENT” relating to the events requiring my photographic services referred to as the “EVENT”.
ENTIRE AGREEMENT: This Agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, with written consent and confirmation of sighting must be obtained from the COMPANY by the CLIENT. If any part of this agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this Agreement or any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A 30% deposit of invoiced price is required to reserve the dates and times of the EVENT. If the EVENT is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the deposit is non-refundable and shall be deemed liquidated damages to the COMPANY - However, the CLIENT remains responsible for total payment of invoiced price if cancelation occurs within two weeks of the EVENT date.
EVENT SCHEDULE: The CLIENT agrees to confirm a schedule at least two weeks before the EVENT. Notification of any changes in schedule or location must be made promptly, and confirmation of sighting must be obtained from the COMPANY by the CLIENT. The COMPANY will consult with the CLIENT before the event to review any requests about desired images, go over the timeline, and if possible view the venue in advance of the EVENT.
SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT if the photographers from the COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from a person(s) at the EVENT; or if the safety of the photographers from the COMPANY is in question. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to the time of cancellation.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time according to the run-sheet and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time requested by CLIENT beyond the scheduled end time will be billed to the CLIENT at $400/hour per photographer.
EXPENSES INCURRED: The CLIENT is responsible for all travel, materials, accommodation, and providing meals for COMPANY across the EVENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio (Northcote, Auckland). For all EVENTs requiring driving, a cost of $0.90 per Km is in place.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT. The COMPANY is not responsible for missed coverage of any part of the EVENT due to factors outside of the COMPANIES control.
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. Negotiation with the location(s) and site management for clarification of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only. The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
COPYRIGHT AND REPRODUCTIONS: The COMPANY shall own the copyright in all images created and shall have the exclusive right to make reproductions, except where permission is granted to CLIENT. The CLIENT shall only make reproductions for the CLIENTS own business. The COMPANY shall only make reproductions for the CLIENT or for the COMPANY's portfolio, samples, self-promotions, entry in photographic contests, editorial use, or for display within or on the outside of the Photographer’s studio. If the COMPANY or CLIENT desires to make other uses, the both shall not do so without first obtaining the written permission of both parties.
CLIENT USAGE: The Client is obtaining images for personal use only, and shall not sell the images or authorise any reproductions thereof by parties other than the Photographer. In particular, Client may not share un-watermarked images from your session or event with other vendors; vendors desiring images should consult the photographer for copies of images made at your event.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from the use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer(s) from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT. The limit of liability for a partial loss of originals shall be a proportionate amount of the exposures lost based on the percentage of the total number of originals. The COMPANY is not liable for the loss of images once final edits have been delivered to CLIENT.
CAPTURE AND DELIVERY: The COMPANY is not required to deliver every image taken at the event. The COMPANY will review all images from the EVENT and edit those that are in keeping with the highest quality and style of the COMPANY’s work. All edited images are delivered in high-quality JPEG on an online gallery called PASS (http://pass.us) within eight weeks from the event date. If you require a physical copy of images or an enlargement of selected images for printing please just let me know. There may be an extra charge on this.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are set by the COMPANY in conjunction with CLIENT desires.
INHERENT QUALITIES: CLIENT is aware that colour dyes used in any printing may fade or discolour over time due to the inherent qualities of dyes, and CLIENT releases COMPANY from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities in any printed materials such as photographic prints and books.
BOOKING AND PAYMENT SCHEDULE: Booking of events is confirmed only upon receiving the 30% deposit of total invoiced price. The remaining balance is payable in full two weeks before EVENT. If paying the total price isn't possible initially, you can choose to go with a lay-by style payment method. This will require you to make a 30% deposit and enter into an agreement with the COMPANY as to the number of instalments and the dates on which they are due. The layby will need to be paid off over a fixed period. In the event the CLIENT fails to make payment in time, an interest rate of 2% per month will be added to the total remaining invoiced amount. If CLIENT refuses to pay the invoiced amount, the COMPANY shall immediately terminate this agreement with no further obligation, retain any images already taken, retain any money already paid, not attend the EVENT and may destroy all work produced before the contract was terminated.