General Terms & Conditions
Yes, we have Terms & Conditions, but we try to keep them nice. Some of this is required and some is just good courtesy. The basic philosophy is that we aim to deliver exceptional service on great products, but you are responsible for your own behaviour and we are not going to pay you for things beyond our control. Please take some time to read the terms & conditions and feel free to let us know if you are uncomfortable with anything covered here or if you think I can improve this to serve you even better. By using this website you agree to the following terms and conditions:
Our Responsibilities to You
Wow Photography Ltd. (also “I”, “we”, “me” or “us”) is a for-profit company with heart. We are not a charity, we just believe in a better world and a better way. We do not want to mislead you as we do need to earn money to pay our operating costs to pay back the investors who helped us get started and to continue operating. However, our goal is to live better and to help you live better – to serve you. We accept responsibility for doing our best to deliver to you the best quality photographic products and services that we can. We will not ask you to pay unreasonable prices or accept sub-standard goods for any reason. We will also do our best to provide a safe, enjoyable, and inspiring experience for you and your family. Despite best intentions, sometimes things go wrong and we will do our best to keep all our members and customers happy.
Your Responsibilities
By using this website, you take responsibility for that including any consequences for doing so. Please let us know if using this website may cause any issues and then stop using it until we have notified you otherwise.
Orders
We will hold a design consultation to present the most beautiful photographs to you. Once you choose your favourite photos, we will produce an Order Report which will outline the photographs that you had chosen together with retouching instructions, finishing, framing and post processing instructions. You will then be asked to pay a deposit or full payment. Payment of the deposit or of the total fee constitutes your acceptance of these terms and your commitment to pay the full fee according to the agreed schedule. When paying by installments, the artwork remains the property of Wow Photography Ltd until full payment is made.
Product Liability
We do our best to screen our suppliers, but we cannot be held responsible for their claims or mistakes. We also provide opportunity to shop for goods supplied by other companies (suppliers) like prints, frames etc. We try to insure our suppliers are all honest and honourable, but we are not liable for their products or claims, even when presented on our site.
We do our best to supply the products you want, but despite our best intentions, things don’t always go as planned. We will not be held liable for honest mistakes on our web site, advertising, quotes, invoices or other communications. We will not be held responsible for acts of God or nature, or other events beyond our control. Prices may change without notice and all goods are subject to availability. If you do find something wrong, please let us know and we’ll do our best to find a solution, but we do not acknowledge any liability or obligation from these matters.
We strive to deliver excellent value and better than expected products and service, and we will do our best to resolve any issues to your satisfaction. The Consumer Guarantees Act of 1993 and the Fair Trading Act of 1986 protect you, and we will abide by them honourably, but our liability is limited to our choice of a refund or exchange. We make no express warrantees about any of the products advertised on our site; that responsibility lies with the original suppliers and we do not provide any express endorsement. Wow Photography Ltd has no liability for anything that may happen in association or as a result of using any product obtained through our site.
Shipping & Delivery
We will do our best to ship goods to you safely, securely, and efficiently. All quoted shipping prices and times are best estimates only. If the actual cost of shipping is higher than quoted, we may invoice you for the difference, up to the actual cost paid by us. Once goods have been shipped, we are no longer responsible for them and if you sign a courier waiver for delivery, we have no liability for delivery. Orders may be cancelled up to the time they have been shipped. Orders may be shipped in several packages, at our discretion. When free shipping is offered, the method of shipping is at our discretion; upgrades will be available upon request, but we may ask you to pay the shipping costs for that. Any liability for loss or damage in shipping will be carried by the shipping company and limited by the terms of the method of shipping chosen.
If we make a mistake in filling your order, we will do our best to resolve the matter with a suitable exchange or refund at our sole discretion. In the event of mistaken shipments, we will pay for shipment of return goods, but we will invoice you for goods which you elect to keep.
Returns Policy
You may return our products only when we have made an error in the photos (i.e they are not the ones that you had ordered) or there is a fault in the products (prints, canvas, etc.)
If you wish to return goods, you must let us know within 5 (five) days of receiving them. If we agree to the return, you will be issued with return instructions. You will be responsible for return shipping charges and we recommend using a tracked and insured courier to protect you as you are responsible up to the point that we accept delivery. We will do our best to provide a suitable replacement or refund.
We may provide a forward replacement at our sole discretion, but we may charge you for the replacement goods if we do not receive the goods we are replacing in a reasonable time. Digital files cannot be returned.
Prices
Wow Photography is a New Zealand company; all prices are in New Zealand dollars and all terms are subject to New Zealand laws (Consumer Guarantee Act). We will respect any written quote for 30 days and reserve the right to change our prices without notice.
Privacy Statement
We are committed to your privacy and to the ethical use of your information. This contract prohibits us or our assignees from selling your information. That means that even a receiver or anyone who may purchase Wow Photography Ltd is prohibited from selling your information.
We will collect information from you for the purpose of serving you and completing interactions initiated by you. We will only collect the information we require to serve you. We will share information with our associates when that is necessary to serve you, but only if they guarantee us that your information will not be sold and will only be used to serve you. We will only share the information that is required to serve you or complete interactions initiated by you.
By accepting this agreement, you authorise us to collect, use, and share information about you for the purpose of our normal and reasonable business purposes and to complete any transactions which you initiate, up to and including debt collections and any legal requirements that may result (which hopefully will never be necessary).
Contract and Legal Matters
This agreement is a contract that governs our relationship for as long as you interact with us and do business with us or store information with us. By accepting these terms, you agree to be bound by this contract. This contract may change from time to time and any new version will completely replace any previous version. You agree to be bound by the most recent version which you have accepted. This contract forms the entirety of the agreement between us and you agree to observe it in its entirety. Any additions or amendments must be in writing (either printed or electronic) and must be agreed by both parties. Each portion of this agreement is independently binding and will persist even if some portions are suspended or waived, or if we fail to act or choose not to act on them.
Prices and offers presented on our web site or other media are only an Invitation to Treat. When you place an order, this constitutes a formal Offer to buy under the terms of this agreement. When we (or our assignee) ship the goods to you, this constitutes a formal Acceptance of your offer and completes the formation of the contract for sale.
This agreement is binding on you and you may not contract out or assign it to others. This contract is governed by the laws of New Zealand and the courts of New Zealand have exclusive jurisdiction.
We really do care what you think. If you are uncomfortable about any aspect of this agreement, please contact us and let us know how we can improve.
Complaints
Please do not wait until you return home before complaining about any matter as no inspection of your artwork can be carried out once your leave Wow Photography studio. We welcome hearing from you in relation to any complaints or concerns and prefer that you phoned us immediately (09-2824461 or 021-503441) if important, rather than when you depart, so that matters can be resolved quickly.
Photography
Please do not use your cameras during our photo session. This is when I am giving you my time and attention, my creativity and resources. Our simple policy is no other camera used.
Use of Images
We essentially own and retain full copyright of all the images we photograph. When you commission us to take photos, you agree to this under nzipp AIPA terms & conditions. The purchase of an image by you as a private client only grants you personal use of these images so no commercial use is allowed unless a commercial licence is granted (in writing). When you hire us as a commercial client, you can purchase a license to use the images commercially. Simply stated, images cannot be used commercially without our prior written consent and without a commercial license.
In the standard model release form it states that we can use the images for promotion purposes, gallery display, competition entries, etc. Be assured that we always seek your permission when possible. Unfortunately, sometimes it is not possible to track you down. If however there are specific images you would never have us displayed, then please let us know & we will note to that in our records. It goes without saying that without a signed model releases from, we would never use these images commercially. Please let us know if you do not wish to have an image showing on Wow Photography website – we wish to be in good terms with you and the community.
Cancellation
When booking a photo shoot and related services, I book specific time and reject other potential bookings. I also dedicate time and efforts to prepare. At the time the booking contract takes effect, Wow Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the client cancels the contract for any reason, all monies paid shall be retained by Wow Photography in order to offset its loss of business.
Late Payments
Interest of 13% of the total outstanding amount will be charged, calculated monthly and compounded from the date of invoice for all late payments. We will also charge administration fees to cover our time and collecting agencies fees.
We retain ownership of all our work until full payment is made regardless of the type of license granted/purchased. This means you may not use any of our images until they are fully paid for. Please just let us know if you have difficulty paying so that we have a chance to find a win-win solution.
Signature
All my photography is marked by a stylish branding signature similar to the one below. My logo will usually located, non obtrusively, on the bottom right had side of your photograph to authenticate your Art. keep and increase its value. Please let me know in advance if you do not wish to have my signature:
Money Back Guarantee / Refund Policy
Our aim is that you will be always completely satisfied with your images and our services. We reserve the right to offer you another photo session. Alternatively, we will refund your sitting fee booking deposit if you are not completely satisfied and have not had even a single image ordered. We do not have to refund you when you change your mind after placing an order – please choose carefully. Deposits made when booking a wedding or an event are not refundable when you change your mind – our time is then dedicated fully to you and we decline all other engagement opportunities.
Backup
We accept no liability for loss or damage caused by loss of digital photograph files.We do our best to backup your images and keep a digital copy in a safe location. However, we do not guarantee that your images will be available. Experience shows that even the best methods are prone to failure and that the best copy is a hard copy, i.e. a print. Soft copies are available for purchase and we encourage our customers to purchase them. Please understand that full size files allow you to print larger size images and this drives their price accordingly.
Promotions terms and conditions (Competitions, TreatMe, Facebook, Google, Coupons and Gift Vouchers)
- We will make an effort to find a mutually suitable time but can not guarantee that we will be a available on your preferred date/time.
- Photo sessions are held in our studio. Castor Bay beach, Centennial Reserve and Kennedy Park are only two minutes away and are all excellent outdoor location when weather is suitable. Other locations Auckland wide can be used for additional fee.
- No cash back and no refunds. Not to be combined with other offers.
- Valid for new photo sessions only.
- Gift voucher includes a photo session in Castor Bay and a print.
- Wall Art gift cannot be redeemed for cash or digital files.
What information do we collect?
We collect information from you when you place an order.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: we include detailed unsubscribe instructions at the bottom of each email should you wish at any time to unsubscribe from receiving future emails.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information.
Do we use cookies?
We do not use cookies.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our web site privacy policy. By signing the Model Release Form you agree that we can use your photos in our website and in our promotional campaigns.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
https://ilanwittenberg.com/contact/
ilan@WowPhotography.co.nz
Copyright
By using this website you agree not to copy any item (text, graphics or image) for any use, without prior written consent. Please check these ten common copyright myths
Terms & Conditions Of Engagement
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LICENCE GRANTED TO CLIENT
“Licence” includes the “Standard Photographic Licence & Order Confirmation” form, an estimate upon which verbal confirmation is given, any order confirmation given by the Photographer, or any work accompanied by an invoice for service.
The Photographer does not accept commissions to create copyright works other than to agree to licence such parts of the works selected by the Photographer for presentation to the Client. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that Act.
The Photographer grants the Client a Licence to reproduce and publish the Photographic Works (“Photographic Works” includes transparencies, negatives, prints, digitised images or images in electronic or any other form or medium) for the purposes, territories and time period specified, and on the terms and conditions set out in the Licence and these Terms and Conditions of Engagement. If the Photographic Works have been produced for an Advertiser named in the Licence, the Works may only be used for the creative works of that Advertiser. The Photographer always retains the right to use the Photographic Works in any manner at any time and in any part of the world for the purposes of:
- Entering the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
- Advertising or otherwise promoting the Photographer’s Photographic Works; and
- Submitting the Photographic Works for display at art galleries or other premises; and
- Using the Photographic Works for any other purpose within the Photographer’s business activities.
1.1 CONDITIONS OF LICENCE
1.1.1 The Licence to use the Photographic Works begins from the date of full payment of the invoice except where the Photographer gives express written permission.
1.1.2 This Licence must not be assigned to any third party without the Photographer’s prior written permission, (which shall not be unreasonably refused), but may be sublicensed by the client on the same terms and conditions to the Advertiser named in the Licence.
1.1.3 The Client is entitled to:
a. Use only a portion of the Photographic Works;
b. Manipulate, distort or make other alterations (including overprinting by text or other Photographic Works) to the Photographic Works, unless that right is expressly removed in the Licence.
1.1.4 Copyright in any new Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Works shall remain with the Photographer and shall be licensed to the Client on the same terms and conditions of this agreement.
1.1.5 The Client shall not, without prior written permission of the Photographer, digitally capture or store Photographic Works in any form of electronic medium, except for the purpose of colour separation, and provided that the file or other medium in which the Photographic Works are captured or stored must be destroyed immediately after its use for that purpose.
1.1.6 Any breach of these conditions knowingly permitted by the Client which results in damage to the professional reputation of the Photographer, entitles the Photographer to compensation from the Client for that damage in addition to any other remedies available to the Photographer.
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COPYRIGHT OF THE WORKS
2.1 Except as provided in clause 3, the copyright in all Photographic Works resulting from the Licence, remains the property of the Photographer.
2.2 All copyrights that arise out of performance of the Photographer’s obligations under this contract shall arise not by commission but shall be the creation of the Photographer. The Photographer shall remain the first owner of the Photographic Works and the Client shall be supplied with Works for copying on the terms of this Licence.
2.3 The Client shall have the right to seek further licences for reuse of any copyright on agreement of a reasonable fee for that use.
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COPYRIGHT ASSIGNED
Where this Licence specifies that copyright in the Photographic Works is assigned to the Client in consideration of the Client’s payment for those Works, the Photographer assigns to the Client copyright in the Photographic Works supplied pursuant to the Licence. It is the responsibility of the Client to obtain all model releases, moral right waivers and privacy waivers necessary for the use of assigned copyright in the Photographic Works by that Client. As a condition of this assignment the Client agrees to indemnify the Photographer in respect of any liability to the Photographer arising from any use of the assigned copyright material.
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MORAL RIGHTS
4.1 Unless indicated on the Licence that the Photographer waives attribution rights (section 94-97 Copyright Act 1994), each use of any Photographic Work by the Client must be accompanied by an adjacent credit line acknowledging the Photographer’s name and copyright in the Photographic Works in the form specified in the Licence, or if not so specified, then in a form approved in writing by the Photographer.
4.2 If the Client fails (for whatever reason) to provide the attribution described in clause 4.1, then in addition to all other rights under this contract or at law, the Client shall be liable to pay a further Non-Attribution Fee calculated at 200% of the total invoice fee, which the Client acknowledges and agrees to be a fair and reasonable pre-estimate of the loss suffered by the Photographer.
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DIGITAL WORKS
5.1 Subject to automatic backup mechanisms and the express Terms of the Licence, the Client shall not copy or reproduce the Works by any means or in any form without the Photographer’s written consent.
5.2 The Client’s right to use the Works under the Licence does not include the right to remove, alter or otherwise affect general rights information, including (without limitations) any notices or metadata accompanying or part of the Works which records creator details, copyright ownership or publication status of the Works.
5.3 The Client shall not alter or remove any notices attached to the Works, and shall take all reasonable steps to respect and preserve the Photographer’s copyright and other rights. Any notice which automatically appears on loading a Work shall not be made ineffective or non-displayable.
5.4 Where the Photographer has placed restrictions on access to or use of the Works, the Client shall make no attempts to defeat such restrictions.
5.5 The Photographer will follow its usual backup procedure (if any) upon the completion of Photographic Works. The Photographer will not be liable under any circumstances if unable to produce backups upon the request of the client.
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PAYMENT
Fees are payable as outlined on the Licence or invoice of the Photographer. Any monies not paid in full in accordance with clause 8 may be charged with interest at a rate of 13% per month or part month overdue.
6.1 JOB-RELATED COST
The Client shall reimburse the Photographer for all Job-related Costs (“Job-related Costs” means any costs and expenses incurred by the Photographer on the Client’s behalf in providing Photographic Services as detailed on any invoice). Where the Photographer makes payment to others on behalf of the Client, the Photographer may add a service charge, determined at the Photographer’s absolute discretion. Unless otherwise arranged, the Client must pay all Job-related Costs and service charges to the Photographer within seven days of receipt of the invoice. The Client is not entitled to any property in:
a. Any authored or artistic works created by the Photographer to support the Photographic Works, or
b. Any materials used for the creation of an authored or artistic work, as a result of plans or drawings, which are commissioned by the Photographer, or
c. Any acquisition of goods for use in supporting the Photographic Works.
Such goods, materials, authored or artistic works shall remain the property of the Photographer, unless otherwise agreed between the Photographer and the Client.
6.2 URGENT WORK
Where the Client requires Photographic Works 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.
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CHANGES TO THE ESTIMATE
Statements of fees and Job related Costs are estimates and not firm quotations and are liable to alteration. The Photographer must bring any increase to the estimate, of 10% or more, to the attention of the Client. Any change to the job specifications made by the Client may change the estimate of the fees and Job related Costs.
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CANCELLATION
8.1 When a booking is confirmed as definite, the Client becomes liable for payment to the Photographer and the Photographer becomes liable to complete the shoot.
8.2 Effective termination of this Agreement by the Client must be in writing and give reasonable notice to the Photographer. Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close and to reduce expenditure to a minimum.
a. Where the Client cancels the booking Within 7 working day of the booked shoot day, the Client must pay a fee of 100% of the Photographer’s standard fee.
b. Giving notice of cancellation of greater than 7 working day, the Client must pay a fee of 50% of the Photographer’s standard fee.
c. The Client must compensate the Photographer for all costs and expenses incurred. The Client acknowledges and agrees that these cancellation fees fairly reflect the loss suffered by the Photographer and the Photographer’s ability to re-schedule work and re-allocate resources, depending upon the amount of notice given.
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POSTPONEMENT FEES
Where the Client postpones or changes the date of the shoot:
a. Within 1 working day of the booked shoot day, the Client must pay a fee of 50% of the Photographer’s daily fee for each day which is postponed.
b. With more than 1 working days notice, the Client must pay a fee of 25% of the Photographer’s daily fee for each day which is postponed.
c. The Client must compensate the Photographer for all costs and expenses incurred.
d. The Client acknowledges and agrees that these postponement fees fairly reflect the loss suffered by the Photographer and the Photographer’s ability to re-schedule work and re-allocate resources, depending upon the amount of notice given.
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WORK SUSPENDED ON CLIENT’S INSTRUCTIONS
Where the Client instructs that work is to be suspended for a period of 30 days or more, the Client must, at the time of suspension, pay the Photographer for all work in progress at that time.
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RETURN/DELETION OF PHOTOGRAPHIC WORKS
11.1 The Client must return all Photographic Works, in the form of film, prints or other physical copies, undamaged to the Photographer within 15 working days from the date of expiry of the Licence.
11.2 Any Digital files in the possession of the Client should, upon the expiry of the Licence, be deleted or destroyed.
11.3 Where any Photographic Works have not been returned as required under 11.1, or deleted/destroyed as required under 11.2, then the Client must pay a fee of $50 per day for each of the Photographic Works outstanding upon written demand by the Photographer.
11.4 For each of the Photographic Works described under 11.1 that are lost or damaged, the Client must pay the Photographer $1,500.00 within 7 days of the date of the expiry of the Licence.
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CLIENT CONFIDENTIALITY
The Client must advise the Photographer if any material or information communicated to the Photographer is confidential. The Photographer must keep confidential material or information confidential, except where it is reasonably necessary to do otherwise to enable the Photographer to carry out the Photographer’s obligations, or exercise any of the Photographer’s rights in relation to the invoice.
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RESPONSIBILITY FOR CONTRACTORS
13.1 The Client is responsible for making all payments (including rollover fees) and fulfilling all other obligations to person(s) (“Contractors”) who supply any product or perform any service in respect of the shoot.
13.2 Where Contractors are models, the Client is responsible for obtaining all necessary model releases. To ensure proper recording of others’ intellectual property rights, which may be part of the Photographic Works, the Client shall, on a request by the Photographer, provide evidence of these model releases to the Photographer.
13.3 Where the Client requests the Photographer to engage Contractors, the Photographer acts as agent for the Client and the Client indemnifies the Photographer against all costs, disbursements and other obligations arising from that agency.
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INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY
14.1 The Client shall fully indemnify the Photographer against any claims, costs, or expenses (including legal costs on a Solicitor/ Client basis) arising out of any illegal or defamatory Photographic Works produced for the Client, or any infringement or alleged infringement of any intellectual property right of any person.
14.2 The Client is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.
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CLIENT PROPERTY AND MATERIALS SUPPLIED
15.1 Client property and all property and material supplied to the Photographer by or on behalf of the Client is held at the Client’s risk and the Photographer accepts no responsibility for the insurance of such property or material.
15.2 The Client must pay any sum charged by the Photographer for handling or storing property or material supplied by or on behalf of the Client.
15.3 Where property and materials are left with the Photographer without specific instructions, the Photographer may dispose of them at the end of six months from the date of receiving them and retain the proceeds.
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PHOTOGRAPHIC WORK OF UNACCEPTABLE QUALITY
16.1 Where Photographic Works are not of an acceptable technical quality, making it unfit for the purpose of its specified use, then no fee or Job-related Costs are due to the Photographer. The Photographer has the right to rectify the defect causing the rejection within a reasonable time, having regard to the urgency of the work. If rectified, the Photographer is entitled to their fee and Job related costs but may not charge the Client any extra fee or cost for rectifying the defect.
16.2 Where there is a representative of the Client at the shoot, the representative is responsible for the direction of the work. Acceptance of the work by this representative is confirmation that the Photographer has satisfied the artistic quality and interpretation requirements of the shoot. If the representative is not at the shoot then the Photographer’s judgement is absolute within the limits imposed by any documented agreements on the nature of the intended work.
16.3 If the Photographer produces Photographic Works that are in the same style and structure as the Photographer’s past work (by reference to the Photographer’s portfolio), the Client is deemed to have accepted the Photographer’s artistic interpretation.
16.4 If there is a dispute as to artistic interpretation, which is unresolved after negotiations between the Photographer and the Client, then the dispute shall be referred to the President of the Advertising and Illustrative Photographers Association who shall appoint an independent Photographer to determine the matter.
16.5 The independent Photographer elected will assess the work according to the Client brief and the Photographer’s past work (by reference to the Photographer’s portfolio).
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WEATHER CONDITIONS
17.1 A weather permitting booking must be agreed between the Client and Photographer prior to the shoot. Upon postponement or cancellation of a shoot due to bad weather the Client must pay the Photographer all expenses incurred up until the time that the shoot was postponed and 50% of the Photographer’s fee which was to be charged for the shoot.
17.2 The Client is responsible for taking out weather insurance.
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CONSUMER GUARANTEES ACT 1993 APPLICATION
The Client acknowledges that where the Photographic Works or Photographic Services (“Photographic Services” means the provision by the Photographer of services related to the producing of Photographic Works and includes the supply of any other goods or services by the Photographer) supplied under the invoice and Licence are purchased for business purposes, the Consumer Guarantees Act 1993 shall not apply.
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PHOTOGRAPHER NOT LIABLE FOR LOSSES
Except as provided for by the Consumer Guarantees Act 1993, the Photographer shall not be liable for:
a. Any loss or damage arising by reason of any delay in the completion of the Photographic Works.
b. Any loss of profits.
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.
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LIABILITY OF PHOTOGRAPHER LIMITED
Except where provided to the contrary by the Consumer Guarantees Act 1993, the Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused (including negligence), arising out of or connected with the performance or failure of performance of any Photographic Works or Photographic Services supplied by the Photographer shall not exceed the full value of the payments made by the Client under the invoice.
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INDEMNITY FOR BREACH OF TERMS AND CONDITIONS
The Client undertakes to indemnify the Photographer for any loss, damage, or expense (including costs on a Solicitor/Client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any monies due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.
