Kirsty Peta Stone and the client enters into any engagement upon the following terms:
I/We have read and accept the Terms of Trade as set out in the following pages of this agreement. In signing this form, you acknowledge that these terms apply to any entities associated with us but not listed. We jointly and severally acknowledge that all clauses within this agreement are accepted without exception.
TERMS OF TRADE
“I” “Me” and “photographer” shall mean Kirsty Peta Stone and “You” shall mean the client, any person acting on behalf of and with the authority of the client, or any person purchasing services from us with ostensible authority from you.
“Image/s” are any photograph or design created by Kirsty Peta Stone, including files on USB, all prints and design in album. These remain the property of the photographer and may be used for promotion/advertising, display or any other purpose thought proper by the photographer.
“Services” shall mean all professional services provided by me to you, and any fee, charge or disbursement cost associated with the supply of services by me to you.
COPYRIGHT & INTELLECTUAL PROPERTY / YOUR RIGHTS TO THE IMAGES
Copyright remains with the photographer at all times. This contract includes “Home Use Rights” which means that you can use the images for personal, non-transferable and non-commercial uses. You may make as many prints as you like for yourself, or to give away as gifts. You may place low resolution copies of the images on your personal website, Facebook and other social media for viewing as long as prints are not offered for sale, please credit the photographer where possible. You are personally liable for any illegal uses that arise from the distribution of these images to other persons. You may not sell the image files or prints produced from the files whether in original form, or after any amount of alteration. Other persons may not use the image files as a basis for the creation of any artworks if that artwork is to be used for any commercial purpose. No rights to these images may be transferred to any other person or company, whether for profit, or as a gift. The images may not be displayed or printed in any commercial media, for any purpose whatsoever. If you have a question about any specific usage, please contact the photographer to ask for clarification or permission before proceeding with such use. Physical possession of any photographer file does not imply ownership of the images.
All rights not specifically granted in writing, including copyright, remain the exclusive property of the photographer. I reserve the right to use the images for any non-advertising and advertising and promotional purposes such as portfolios, flyers, website. I will consult the client when considering using the images for any paid advertising such as magazines, newspapers etc.
Subject to receipt of full payment, a license is hereby granted to (client name) for use of all images provided on USB.
This non-exclusive license entitles (client name) to reproduce the images in unlimited media for unlimited time, worldwide, for personal home use only.
Reproduction of photographs for editorial use shall acknowledge a photo credit. Images are not to be used for any advertising purposes without written permission from the photographer.
The photographer retains full title to the images, by using these images you hereby consent to these guidelines: All images must represent the original work supplied on disk and be used in their entirety without tampering, additions, adjustments, alterations to colour or image cropping or any other form of manipulation that would affect the integrity of the image and work of “Kirsty Peta Stone”, or without written permission from the photographer.
You hereby grant to the photographer and the photographer’s assigns and transferees, the unrestricted right and permission to copyright and use, re- use, publish, and republish photographic portraits or pictures of you without restriction as to changes or transformations, for any legal and non- pornographic purpose whatsoever. You hereby relinquish any right to examine or approve the completed product, the copy or any printed matter that may be used in conjunction therewith or the use to which it may be applied. This agreement shall be binding upon both Bride and Groom, their heirs, legal representatives and assigns. Should the marriage be dissolved, this agreement shall continue to be binding upon all parties.
A non-refundable deposit of $1000 will secure the wedding date, the remaining balance is due one week before the wedding date. Payment can be made by Direct Credit.
Direct Credit details:
Bank: ASB Mairangi Bay
Account Name: K P Stone
Account Number: 12-3042-0325472-02 (Please use your name and invoice number as your reference)
Upon signing, the photographer will reserve the time and date agreed upon, and will not make any other arrangements for that time and date. For this reason, the $1000 retainer fee is non refundable. In the event of a postponement or change of date, all payments are non-refundable but may be transferred to the new date if it is available. In the event of cancellation, all payments receieved are non-refundable. If the photographer cancels for any reason, all payments received will be refunded. In the event of the photographer suffering from any illness, every effort will be made to secure the services of a qualified professional photographer to cover the event.
Delivery of the images shall occur within 8 weeks of the wedding date, and delivery of completed albums shall occur no later than 3 months after the bride and/or groom approve the final album layout. Should the photographer deliver after these deadlines, they shall refund a reasonable, mutually agreed portion of payment received.
I will endeavour to prevent, but will not be liable for, any technical or equipment failure, or any other circumstance that prevents me from photographing some or all of the wedding. In the event that such circumstances arise I may, at my sole discretion, send a replacement, or refund an amount up to, but under no circumstances surpassing, the fee.
This agreement and all relationships and attendances resulting from it are to be governed and construed in all respects in accordance with the law of New Zealand.