Terms & Conditions.

By engaging Foto Diem – Peter J. Fraser Photography or receiving services by Foto Diem – Peter J. Fraser Photography the following is agreed by the engaging party/s:

This agreement is between the “Client” or “Clients”, hereinafter referred to as the “Client(s)”, and Photographer: Foto Diem – Peter J. Fraser Photography and associates, hereinafter referred to as the “Photographer(s)”. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that 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. The provisions of this service or agreement are as follows:

Entire Agreement: This agreement contains the entire understanding between the Client(s) and the Photographer and should be read in conjunction with the any written and Client(s) and Photographer(s) executed agreement, which could change without prior notice.

Confirmation: A signed “Contract for Wedding Photography Services” and payment of the booking fee are necessary to confirm the stated wedding services from the Photographer(s) and to reserve the nominated dates and times of the “Wedding day and associated events” hereafter referred to as the “Event(s)”. If the Event(s) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the clients, the retainer fee is non-refundable and shall be liquidated damages to The Photographer(s). The Client(s) shall also be responsible for payment for any of The Photographer(s)’s materials charges incurred up to time of cancellation.

Pre-Wedding Consultation: This normally happens at the time of booking or as scheduled between the Photographer(s) and Client(s). The Client(s) will outline broadly what is required and the Photographer will advise on planning, logistics and timings where needed. If required the Client(s) are welcome to request a meeting for an additional chat closer to the time of the wedding (about six weeks prior to the wedding date) to iron out the remaining details. Any alternative means of contact can be used by the Client(s) to contact the Photographer(s) up to the day before the day of the Event(s) to ensure that there have been no last minute changes.

Cooperation: The Client(s) and the Photographer(s) consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer(s) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The Photographer may also require the assistance of the best man in organizing family groups. The Client(s) also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people.

The Schedule: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Client(s), accomplished with good humor and enjoyed by all concerned. Both the Client(s) and the Photographer(s) therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Client(s) arriving to any Venue) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to achieve the Scope-of-engagement within reason but in extreme cases shooting will commence at the scheduled start time and end at the scheduled end time.  All additional time beyond the scheduled end time may be billed to the Client(s) as detailed in the Variance section below, at the discretion of the Photographer(s).

Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt and approval must be obtained from The Photographer(s) by the Client(s).

Paparazzi Wedding Guests: All your guests will have digital cameras and all your guests will want to photograph the Client(s). In the spirit of cheerful cooperation the Client(s) agree to give the Photographer(s) precedence over the guests in order to take the photographs required for the wedding services described above. The Photographer(s) cannot be held liable for a lack of wedding photos if guests taking their own photos of the Client(s) interrupt or impede the Photographer(s) in any way.

House Rules: Note the Photographer(s) are sometimes limited by rules imposed by registrars, Celebrants and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographer(s) shoot from a specific stationary location. In such circumstances the Client(s) agree to accept the technical limitations that may be imposed on the equipment used. We advise the Client(s) to make themselves aware of the rules of the venue concerned and if necessary negotiate with the management bodies concerned to enable the Photographer(s) to achieve the best possible outcome on the Client(s) behalf.

Copyright Law: The copyright of photographs remains with the Photographer(s). The Photographer(s) grants the Client(s) permission to make copies of the images under the following conditions: The images taken by the Photographer are for personal use by the Client(s) and their friends and relatives. Sale, Publication or any Commercial use of the Photographer(s) images is not allowed without prior written permission from the Photographer(s). Any such permission given by the Photographer(s) may require compensation of the Photographer(s) where the Client(s) or their elected beneficiary of the images have any Economic benefit  from the use of the Photographer(s) images, as determined by the Photographer(s).

Model Release: The Client(s) grant the Photographer(s) and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Client(s) for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Client(s) hereby release the Photographer and its legal representatives, heirs and assigns from all liability, profits and claims in connection with the images.

Limit of Liability: In the unlikely event that the assigned photographer from The Photographer(s) is unable to perform to the guidelines of these terms due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of The Photographer(s), the Photographer(s) will try to book a replacement wedding photographer. Under normal circumstances a second photographer from the Photographer(s) is there for the day anyway and this photographer will then shoot the day on his/her own. If the Photographer(s) are unavailable or unable to perform the agreed Scope-of-engagement and a replacement photographer cannot be found by the Photographer(s) then liability on the Photographer(s) is limited to a refund of any payments received by the Client(s).

The Client(s) indemnify The Photographer(s) for any consequential losses suffered by the Client(s) or any third party. The Photographer(s) is not liable for any Event(s) or Client(s) guests or Third party liability claimants that participated on or for the Event(s) – any such claims against the Photographer(s) will be transferred, directed to and accepted by the Client(s) for liability determination and settlement.

The Photographer(s) have working methods in place to prevent loss or damage to your images; However, in the unlikely possibility that images may be lost, stolen or destroyed for reasons, beyond the Photographer(s) control the circumstances of liability on the Photographer(s) is limited to the return of fees paid for the service by the Client(s) or part thereof according to the percentage of images supplied.

In  the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond The Photographer(s)’s control, including but not limited to camera, hard drive, or equipment malfunction, The Photographer(s) liability is limited to the return of all payments received for the Event(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number within the Scope of engagement expected to be delivered to the Client(s).  The Photographer(s) is not liable for the loss of images beyond the lesser of the final delivery of all Scope-of-engagement images included in the package or 90 days post the Event(s).

Booking Fee/Deposit: In the event of the Client(s) cancelling the wedding for whatever reason the booking fee is non-refundable. It will be considered as liquidated damages to the Photographer(s).

Expense Incurred: The Client(s) is responsible for all reasonable travel, accommodation, meal and transport costs over and above what is agreed in the package price, incurred by the Photographer(s) to complete the deliverable presented.

Travel expenses:  All travel expenses are based on the distance between the Event(s) location(s) and The Photographer(s) studio address.  For all Event(s), the first 80 kilometers roundtrip of motor vehicle travel is included.  All travel in excess of 80 kilometers roundtrip is charged at recommended AA rates for the Photographer(s) vehicle. Any additional fees, such as toll and parking could be passed onto the Client(s) where applicable.

Safety: The Photographer(s) reserves to right to terminate coverage and leave the location of the Event(s) if the Photographer from The Photographer(s) experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the Event(s); or in the event that the safety of the photographer from The Photographer(s) is in question. The Client(s) will not receive any rebate or discount in the event of such an occurrence and will be liable for any damage caused to the Photographer(s) equipment or person by the Client(s) guests or suppliers for the Event(s).

Engagement: Engagement of the photographer will be by payment of the fee in part or in full.  By engaging the Photographer(s), in terms of the Engagement definition, the client agree to have read  and understood the contents of this agreement and the terms-and-conditions set out on it and agree to the terms therein.

Responsibilities:  The Photographer(s) is not responsible and cannot be held liable for compromised coverage due to causes beyond the control of The Photographer(s) including but not limited to obtrusive guests or service providers, lateness of the Client(s) or guests, weather conditions, schedule complications, incorrect addresses provided to The Photographer(s), rendering of decorations, or restrictions of the locations. The Photographer(s) is not responsible and cannot be held liable for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer(s) is not held liable for missed coverage of any part of the EVENT(S).  The Photographer(s) will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

Venue and locations limitations: The Photographer(s) is limited by the rules and guidelines of the location(s) and site management. The Client(s) agrees to accept the technical results of their imposition on The Photographer(s). Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; The Photographer(s) will offer technical recommendations only.

Permits: The Client(s) is responsible for acquiring all permits and necessary permission for all locations on which The Photographer(s) will be performing services.

Capture and Delivery:  The Photographer(s) is not liable to deliver every image taken at the event.  The determination of images delivered to the Client(s) is left to the discretion of The Photographer(s).

Post production, editing, product warrantee and feedback: The final post production and editing styles, effects, artistic presentation, and overall look of the images are left to the discretion of The Photographer(s).

The Photographer(s) do not hold the warrantee or guarantee of any products provided to the Client(s) personally but only provide the manufactures’ warrantee or guarantee. Any cost incurred or associated in claiming the product warrantee or guarantee will be the responsibility of the Client(s).

Negative publicity or reviews of The Photographer(s) on any social media or media outlet, press or any written platform by the Client(s) will be strictly avoided by the Client(s). Negative publicity or review by the Client(s) can be directed at The Photographer(s) personally in writing and in confidence for purposes of improving future process by the Photographer(s). Negative press or review by the Client(s) on any social media or other platform is agreed to be defamation of The Photographer(s) by the Client(s).Punitive damages and legal cost may be sought by The Photographer(s) from the Client(s) for such defamation actions and the Client(s) agree to be liable for any such actions.

Payment schedule: The aforementioned $500 non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full a week prior to the day of the Event(s). In the event the Client(s) fails to remit payment as specified, The Photographer(s) shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). The Client(s) agree to pay for any costs associated with collecting any outstanding fees and costs incurred in preparation for the Event(s).

Variance: Any variance from the Scope-of-engagement, will be considered as Out-of-Scope tasks required to be performed by the Photographer(s) to perform his duties. Out-of-Scope tasks extend to any request made of the Photographer(s) before, on or after the Client(s) nominated wedding date for which there is no formal written agreement between the Client(s) and Photographer(s). Out-of-Scope tasks can only become Scope-of-engagement tasks by accepted written quote or a specific engagement agreement between the Client(s) and Photographer(s). Any cost incurred by the Photographer(s) to achieve Out-of-Scope tasks for the Client(s) may be passed on to the Client(s) at the discretion of the Photographer(s).Costs will be calculated as follows:

  • $78.00NZD per person within the Photographer(s) representative team for labor;
  • 15% markup on sundries or expenses incurred will be levied for activities required to achieve the Out-of-Scope elements; and,
  • 1% Interest on overdue payments will be levied per month.

Pricing: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from The Photographer(s) or transferred to other vendors.

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