Agreement
1.1 In this agreement:
(a) T Steven Photography, we, our or us means T Steven Photography.
(b) You or your means any person or business who engages T Steven to provide products or services.
(c) Album means a photograph album.
(d) Prints means a printed photograph.
(e) Digital means digital images.
(f) Package refers to our product/image/session packages
(g) Products refers to printed or made products that can be purchased
(g) Deposit means the deposit required to be paid under clause 4.
1.2 All services performed, and digital/prints provided are strictly based on the terms and conditions set out in this Agreement unless otherwise agreed in writing with T Steven Photography.
1.3 By booking our services, confirms your acceptance of the terms and conditions set out in this Agreement.
1.4 To the extent permitted by law, we reserve the right to amend this Agreement at any time. The updated Agreement will be available on our website.
2. Pricing
2.1 Our fees are set out below:
(a) Session Fees: Your session and image package fee covers the time of the photographer during the photo session, the use of the photography studio if applicable, the use of the props available as well as the use of the client wardrobe if available, the wear and tear of the equipment used during your session; professional hair and makeup if applicable, and a glass of champagne or non-alcoholic beverage of your choice, plus snacks on the day if applicable to the chosen package purchased.
A session and image package fees will be charged regardless of whether digital or products are subsequently purchased. All session fees are non-refundable.
Session Fee: Starting at $100 - 350. (including GST)
(b) Additional Travel Fee: A location fee outside of the Auckland CBD/ West Auckland area is an additional $50 for the outer Auckland areas, such as South Auckland, East Auckland and the North Shore. Further out of Auckland will be calculated by the distance needed to travel and based on 90c per km of travel. We will inform you at the time of booking if an additional fee applies based on your location outside Auckland.
(c) Prints and Album Fees: All prints and additional files are purchased additionally to your session fee. You may decide the formats, sizes and whether you wish to purchase digital, prints or albums.
2.2 I am a full-service photography service offering a unique experience. Our prices reflect the quality of work. Our Packages start at $100 - $2000 (including GST) most of our clients spend between $1000 – $2000 + on their digital/artwork. Finance is available.
2.3 Auckland Bookings: Please note that for our T Steven Photography Full Boudoir and Glamor Sessions I require a minimum spend on products of $350.00 (including GST). This is due to the length of these sessions, expertise and editing involved.
2.4 Bookings outside Auckland: Please note that for bookings outside Auckland we require a minimum spend on products of $350.00 (including GST) on session cost and all travel cost paid prior because of the domestic travel involved.
3. Gift vouchers, Package vouchers and terms of use
3.1 A gift voucher is a voucher that can be used against the session and products packages. A Image Package voucher can only be used for the package it has been purchased for. A session and image voucher can only be use for the session purchased. A chosen amount gift voucher can be used against either packages. Note all gift vouchers will be minus the deposit amount of $80 this will need to be paid at the time of the booking.
3.2 If you hold a T Steven Photography gift voucher please note that all are non refundable and must be used within 12 months of purchase.
3.3 Only one gift/package or session voucher per booking is permitted.
3.4 If you have a gift voucher/package/session voucher, you will be required to pay a deposit in accordance with clause 4.1.
3.5 Gift vouchers cannot be combined or used towards corporate sessions, or deals advertised on our website or Facebook page.
3.6 As with all voucher bookings, a non-refundable deposit is paid in advance and the voucher amount for the session will be substracted before your session. This covers the makeup artist’s fee, if your session is cancelled your deposit and session fee is non-refundable.
4. Booking and deposit
4.1 With a Voucher: If you are booking and you have a gift voucher:
(a) We require a $80 non-refundable deposit for a booked session this is part of your hair and makeup fee. This also prevents us from making any other bookings for this time.
4.2 Without a Voucher: If you are booking and you do not have a gift voucher, we require you to pay 50% of your chosen session and image package to secure your time and date (non-refundable) paid at the time of your booking. (If you need a payment plan for this please let us know as soon as possible, so we can make sure the payments are all made before your session date.)
4.3 Bookings outside Auckland: Please note that for bookings outside of Auckland we require a non-refundable deposit of the session fees plus travel costs paid before your session, due at the time of booking and travel cost calculated. (If you need a payment plan for this please let us know as soon as possible, so we can make sure the payments are all made before your session date.)
4.4 Commercial Bookings 50% of the agreed fee is payable to confirm your booking.
4.5 In the event that you cancel your appointment for any reason, your deposit shall be put towards the cancellation fee (set out at paragraph 7.2). We may allow you to reschedule your appointment with us, however this is at our discretion, and we must be notified 7 days before your appointment where possible to do so.
5. Reveal consultation
5.1 After your session you will be sent a online gallery of your shoot. You chose which photos you would like to keep. These images and then fully edited. We then will book a viewing consultation. The purpose of a consultation is for you to review the images, select the prints, products of your images and place your order for them.
5.2 Please involve everyone when viewing the gallery and at the viewing consultation that needs to view the photos to decide on the final images (for example, your partner or any other decision-makers as there is only one reveal consultation)
5.3 For Corporate or Bookings Outside Auckland clause 6.3 will apply to the selection of images.
5.4 If a decision cannot be made and a second viewing consultation is required, you will be charged a fee of $80.00 for the 2nd viewing and ordering consultation (including GST).
5.5 2nd Viewing consultations must be booked within two weeks of the last viewing (unless agreed otherwise).
5.6 Any prints, products or digital orders placed more than one week after your (1st) viewing consultation will incur an additional late charge of $80.00 (including GST).
5.7 If no package or re- booking is made following your photo session viewing and you haven’t contacted us within two weeks, your images will be deleted, and your deposit/session fee will be forfeited.
6. Ordering and payment
6.1 Auckland Bookings: Orders are placed at the viewing consultation during your session. Once an order is placed and an order form signed, physical products cannot be changed, and you will be liable for the cost of the order. Digital products can be changed up to 5 after ordering. Payment is due at the end of the session for products unless discussed prior for a payment plan.
6.2 Bookings outside Auckland: Orders are placed at the reveal consultation during your session. If we run out of time for this on the day, then a time and date will be set for your image reveal. Once an order is placed and an order form signed, physical products cannot be changed, and you will be liable for the cost of the order. Digital products can be changed up to 5 after ordering. The balance of the agreed fee is due at the end of the session unless discussed prior for a payment plan.
6.3 Commercial Bookings or Bookings Outside Auckland: If you are located outside Auckland or have a commercial booking clause 5 will not apply. Instead, we will send you digital thumbnails of images from which you will select images to purchase. You agree that even if you do not select the maximum number of images agreed at the time of booking you will not be entitled to any refund.
6.4 As commercial Bookings include a set amount of digital images the balance of the agreed fee is due at the end of the session. Additional images will be charged at $90.00 each plus GST.
6.5 If any minor edits are made to the image following the design consultation (at your request) we will send you the images to approve the retouching. You may not amend your order at this stage. All orders are final.
6.6 Title to the prints or digital images will not pass to you until you have paid all amounts due to us in full.
6.7 In the event that you fail to pay any outstanding amounts, we will charge interest on a weekly basis at a rate of 16% per annum.
6.8 We reserve the right that in the event, you fail to pay any outstanding amounts, we are to provide relevant details to a debt collector or agency and you will be liable for all additional costs incurred in order for us to enforce our rights under this Agreement.
6.9 You will be liable for any expenses, disbursements and legal fees incurred by us in the enforcement of the terms of this Agreement.
7. Rescheduling and/or cancelling
7.1 When you book and confirm an your session, we set aside time and staff resources for your photography session and reveal consultation.
7.2 In the case of non-Corporate Auckland bookings, if you cancel your confirmed booking (whether it be a session booking or a reveal consultation), we will charge a cancellation fee of $50 + GST on top on any paid session fees and or deposits
7.3 If you arrive more than 30 minutes late to your session, your session may be deemed cancelled and a cancellation fee will be charged on top of your session charge already taken. If we do agree to continue with the session a late fee of $100.00 + GST and will need to be paid on the day to continue
7.4 If you need to reschedule your appointment due to illness or unforeseen events, we require you to provide 48 hours’ notice and we may waive the cancellation fee and allow you to rebook (at our discretion).
7.5 If WE have to cancel or postpone your appointment, we will give you as much notice as practically possible and make reasonable endeavors to reschedule to a mutually convenient time.
8. Reshoots
8.1 If you are unhappy with your photographs at the reveal consultation and you wish to reshoot, we will grant this at our absolute discretion and may apply an additional fee for this. All images from the initial session will be deleted and you will only be able to access photos from the subsequent session.
8.2 If we do not grant you a reshoot, you may still request another session and you will be liable to pay an additional session fee. You may then choose images from both sessions.
8.3 We take no responsibility for the artistic quality of the photographs where there are factors outside our control (for example, poor choices of clothing, make-up, hair or weather-related issues). We set out our recommendations in our booking/information emails sent prior to your session.
8.4 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these terms and conditions and are not affected by anything in this clause.
9. Retouching and editing
9.1 Digital Images may be retouched at our discretion. If significant additional retouching is requested (for example, head swap, slimming, advanced retouching) it shall be charged at $50 per image.
9.2 You must raise any issues with the images at the reveal consultation or upon delivery. If further retouching is required, you will be emailed the image to approve the amendments (as outlined in paragraph 6.2).
9.3 If you raise any issues once the products are printed and or framed/made, you will be responsible for the costs associated with retouching, ordering, and framing etc. That needs to take place. If it was due to an error on our behalf, then it will be fixed to the best of ability and as fast as possible.
10. File archive
10.1 We will hold your ordered files for one year. Unordered files will be deleted following the reveal consultation.
10.2 If digital images are provided to you, it is your responsibility to ensure the files are downloaded (via USB or email, as applicable).
10.3 If there are any issues accessing files (via USB, email or otherwise), you must raise this with us within two weeks of delivery. We hold no responsibility for missing files if you do not notify us within this timeframe. If files are requested following this date, we will charge a retrieval fee of $100 (including GST).
11. Immediate termination of contract
11.1 We treat all clients with the utmost respect, and we ask that you and your family do the same with us.
11.2 We will not tolerate any unreasonable or aggressive behavior (for example, attempts to bully, harass, abuse, manipulate or extort the photographer). We will also not tolerate any unreasonable requests in respect of any booking or images (for example, changing appearance beyond recognition, or excessive editing in photoshop).
11.3 We will not tolerate any self bullying or putting down, this also extents to the staff at the session. Any negative language of peoples looks, creed or how they identify used, will stop the session. A discussion then will be had to see if we decide to continue with the session if any negative or hate speech is used in anyway.
11.4 If any of the behavior described above occurs, we have the right to immediately terminate our contract with you. You must leave our premises immediately; we will have no obligation to undertake any further work for you or provide you with any artwork. At our discretion, we may choose to provide you with a partial refund. You agree that we will have no further contractual liability to you.
12. No photographs or videos during the session
12.1 You may not use any kind of recording device (including cell phone cameras or videos) during the session, unless discussed prior. If this occurs, we reserve the right to immediately discontinue the session. If a make-up artist has been booked, you will be liable for all costs incurred.
13. Arriving early or late
13.1 The session starts at the agreed time. If you arrive more than 15 minutes before your session, please stop by a café or other area to relax as we are most likely setting up for your session.
13.2 If you are late to your appointment, please notify us immediately by calling 021 831 621. If you are more than 30 minutes late your appointment maybe cancelled or may be rescheduled (at our discretion). If we do agree to continue with the session a late fee of $100.00 + GST will be due to continue.
14. Copyright
14.1 You give permission, and we reserve the right, to use any or all artwork for our promotional, marketing and/or advertising purposes unless you advise us otherwise in our questionnaire prior to your session.
14.2 All images are copyrighted by T Steven Photography, even those you have purchased. Copying, scanning, or reproducing images is strictly prohibited. Print-screening images from our website also infringes our copyright and you will be held liable.
LICENSE AGREEMENT
This License Agreement (the "Agreement") is entered into by and between Tarina Steven, a New Zealand resident with an address at Farwood Drive, Henderson, Auckland. Tarina Steven of T Steven Photography and [Name of the purchaser].
WHEREAS, Licensor owns all rights, title, and interest in and to the artwork described below (the "Artwork"), and desires to grant to Licensee a license to use the Artwork subject to the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
LICENSE GRANT. Licensor hereby grants to Licensee a non-exclusive, non-transferable, and non-sublicensable license to use the Artwork for the purpose of displaying the Artwork in Licensee's private premises or public premises as artwork display. And will not reproducing the Artwork in print or digital format, or using the Artwork in a commercial project, subject to the limitations and conditions set forth in this Agreement.
OWNERSHIP AND COPYRIGHT. Licensor retains all rights, title, and interest in and to the Artwork, including without limitation all copyright and other intellectual property rights. Licensee acknowledges and agrees that nothing in this Agreement shall be construed as transferring or assigning any ownership interest or intellectual property rights in the Artwork to Licensee.
RESTRICTIONS ON USE. Licensee shall not: (a) use the Artwork in any manner or for any purpose not expressly permitted by this Agreement; (b) sell, license, distribute, or otherwise exploit the Artwork or any derivative works thereof, except as expressly permitted by this Agreement; (c) remove or alter any copyright or other proprietary notices or legends appearing on or in the Artwork; (d) use the Artwork in a manner that is defamatory, infringing, or otherwise unlawful or harmful; or (e) use the Artwork in a manner that implies endorsement, sponsorship, or affiliation with Licensor or any third party without the prior written consent of Licensor.
TERM AND TERMINATION. This Agreement shall commence on the date of execution and continue until terminated as provided herein. Either party may terminate this Agreement at any time upon written notice to the other party. Upon termination, Licensee shall immediately cease all use of the Artwork and delete or destroy all copies of the Artwork in Licensee's possession or control.
WARRANTY AND INDEMNIFICATION. Licensor warrants that it has the right to grant the license set forth herein, and that the use of the Artwork by Licensee as permitted under this Agreement will not infringe any third party intellectual property rights. Licensee agrees to indemnify, defend, and hold harmless Licensor from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to Licensee's use of the Artwork in breach of this Agreement.
LIMITATION OF LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FLIMITATION OF LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY LICENSEE TO LICENSOR FOR THE USE OF THE ARTWORK.
GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the state or country of the Licensor (New Zealand), without regard to its conflicts of law principles. Any dispute arising out of or in connection with this Agreement shall be exclusively resolved by the state or federal courts located in the jurisdiction of the Licensor.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings or agreements, whether oral or written. This Agreement may not be modified or amended except in writing signed by both parties.
ASSIGNMENT. Licensee may not assign this Agreement or sublicense any rights granted hereunder without the prior written consent of Licensor.
COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
ELECTRONIC SIGNATURES. This Agreement may be executed by electronic signature and in counterparts transmitted by electronic means, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties here to have executed this Agreement as of the date of purchase.
[Licensor Name] Tarina Steven, T Steven Photography
By: _T Steven Photography
Name: _Tarina Steven
Title: __Photographer
9 Farwood Drive
Henderson
Auckland 0612
T.stevenphotography@gmail.com
Licensee the purchaser understands this agreement will be executed on purchase on any image from T Steven Photography