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TERMS & CONDITIONS

1. INSTRUCTIONS MUST BE IN WRITING
The Client must ensure that all their instructions and expectations (or variations of such) regarding the Booking or Order are agreed in writing (preferably through email).

2. LICENCE GRANTED TO CLIENT
The copyright in all Photography & Videography Works resulting from the Booking or Order remains the property of the Content Creator.
The Content Creator and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.
The Content Creator grants the Client a non–exclusive Licence to use those parts of the Works selected by the Content Creator and presented to the Client, however this Licence does not include the right to reproduce or publish the Works or any part of the Works for financial gain. The Client may license any or all of the Works from the Content Creator’s selection.

The Client acknowledges that the purpose of the creation of the Works includes the right of the Content Creator to:
a) enter the Works into competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
b) advertise or otherwise promote the Content Creator’s Work; and
c) submit the Works for display at art galleries or other premises; and
d) use the Works for any other purpose within the Content Creator’s business activities.

3. CONDITIONS OF LICENCE
This Licence to use, and the right to use, the Works comes into effect from the date of full payment of the Order, except where the Content Creator gives express written permission.

4. COPYRIGHT IN THE WORKS
All copyright that arises out of the performance of the Content Creator’s obligations under this contract shall arise not by commission but shall be the creation of the Content Creator. The Content Creator shall remain the first owner of the Works and the Client shall be supplied with the Works for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at the Content Creator normal prices at the time of the request.

5. PRIVACY and PERSONAL INFORMATION
The Content Creator shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection. The original photo and video files will only be kept by the Content Creator for 12months after the date of capture.

6. PAYMENT
The Client shall pay the Content Creator the various amounts payable in accordance with the Booking and/or Order agreement.

7. INDEMNITY
The Client undertakes to indemnify the Content Creator for any loss, damage, or expense (including costs as between solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.

8. CANCELLATION OR POSTPONEMENT OF BOOKING
Where the Client cancels or postpones a Booking appointment, the full deposit / retainer will not be refunded or reimbursed. Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time.

9. CLIENT CONFIDENTIALITY
The Client must advise the Content Creator as to whether any material or information communicated to him/her is of a confidential nature. The Content Creator will keep confidential material or information communicated to him/her in confidence for the purposes of the creation of content, except where it is reasonably necessary to enable the Content Creator to carry out his/her obligations in relation to the Booking or Order.

10. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY
The Client shall fully indemnify the Content Creator in respect of any claims, costs, or expenses arising out of any illegal or defamatory Works produced for the Client or any infringement of an intellectual property right of any person.

11. IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993
The Consumer Guarantees Act 1993 may apply to the licensed Works provided by the Content Creator if the Client acquires those licensed Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act.
If the Client is acquiring the licensed Works for business purposes, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this case the Photographer may grant a separate licence under the Standard Terms for Commercial Photography / Videography.

12.CONTENT CREATOR NOT LIABLE FOR LOSSES
Except as provided for by the Consumer Guarantees Act 1993 the Content Creator shall
not be liable for:
a) any loss or damage arising by reason of any delay in the completion of the Works; or
b) any loss of profits; or
c) any indirect or consequential loss of whatever nature; or
d) any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by the Content Creator of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Content Creator.

13. LIABILITY OF CONTENT CREATOR LIMITED
The Content Creator’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Content Creator, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.

14. ORDER MAY BE TERMINATED ON NOTICE
Effective termination of the Order by the Client must be in writing and give reasonable notice to the Content Creator. The Client must compensate the Content Creator for all amounts due in accordance with the Order Agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, the Content Creator must take immediate steps to bring the services to a close.

15. FORCED MAJEURE
Neither the Client nor the Content Creator shall be liable for any loss or damage arising directly or indirectly due to fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside the Content Creators control.