Terms and Conditions 2024 “Mom and Me”-Minishoot

Thank you for booking your minishoot session with Picaboo Pictures on May 5^th 2024 

Please read these terms and conditions carefully before continuing with your booking. These Terms and Conditions (T&C’s/ T&C) are a binding contract between Picaboo Pictures (Us/ the company / the photographer) and the Client (you) as they apply to your booking. 

Please feel free to contact Picaboo Pictures, through contact@picaboopictures.com, if you have any questions in relation to your booking or the T&C’s. 

Continuing with your booking and/or the payment of the $50 non-refundable fee to ensure your booking, means you are agreeing with these terms and conditions. 

Picaboo Pictures has the right to change these Terms & Conditions at any time and will provide the customer reasonable notice if this happens. 

General.

The Terms and Conditions are a contract binding between the customer and the photographer, on which the customer agrees to when continuing with the booking. Therefore, the customer will be receiving the T&C’s prior to the booking. No variations or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. 

This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the Law of New Zealand. 

Acceptance

Your written booking and/or payment of the $50 fee for your session to secure your booking signifies acceptance of these T&C’s as a legal binding contract, unless otherwise objected to explicitly and in writing, prior to accepting Picaboo Pictures’s service. No variation of this contract shall be recognised unless explicitly agreed to in writing. 

Any booking or payment made to Picaboo Pictures (including but not limited to the session fee to secure your booking) indicated that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings.

Copyright & Ownership

The copyright and all other rights in the photos shall be retained by Picaboo Pictures and the photographer. The photographer asserts the right to be credited as the author of the photographs in accordance with sections 77 & 78 of Copyright, Design and Patents Act. 1988. Any unauthorized reproduction or modification of any image will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online. 

After the shoot, the photographer will share previews of your images or give you access to an online gallery of images. These images must not be copied, screen shot, downloaded, edited or altered in any ways. 

If you wish to share photographs to your own network (including but not limited to Facebook, blogs, instagram, TikTok, Snapchat, WeChat or any other online channels) you agree to do so only once you have purchased and paid for them. In addition, you agree to include the photographer’s company name, Picaboo Pictures, and their social media account or website www.picaboopictures.com 

Photographs are only licensed to be used for personal use only. The portraits and photographs can not be used at any time for any commercial use of the purpose to gain commercial business. 

The Client is not permitted to take their own photographs at any portrait photography session. 

Reservations and Payment

Your session is reserved only once the $50 non-refundable fee for the photoshoot and the 4 digital edited file has been made for the photography session.

An invoice will be sent to the customer with the details on how to pay as soon as a mutually agreed times is allocated to the customer. The session fees are non-refundable and contribute towards the photographer’s time planning your shoot with you and creating and sending out necessary information for your session. 

On the day, immediately after the photoshoot session, the photographer will arrange with you a time to have a viewing of the photos. (This is most likely within 2 weeks of the shoot). This viewing can either take place over a digital video call or at Picaboo Pictures’ viewings lounge in West Auckland. During the viewing, the client will be able to select the 4 image included in this package, and will be able to purchase additional edits, on the normal rates of Picaboo Pictures, if he/she wishes to do so. These prices can be found on www.picaboopictures.com/family-photography/ . An agreement on the purchase of any additional images will be made during the viewing consultation and an invoice for the payment will be sent to the customer. Final edited images will only be released to the customer after receiving the payment for the images.

All payments shall be made through bank transfer. 

Picaboo Pictures obligations

Picaboo Pictures and their photographers will use reasonable endeavors to supply the photography services described on the website (www.picaboopictures.com ) and/ or marketing materials in a professional manner. 

Picaboo Pictures, their staff and their photographers reserve the right to decline to book or carry out any portrait sessions or services that are deemed to pose a health and safety risk to you, our staff and or other people. 

Your obligations

You agree to assist and cooperate with the photographer in all matters relating to the photography service and to supply the photographer with all information reasonably requested in order for the photographer to carry out the photography service. You agree to do everything you can to ensure that everyone attending the photoshoot (including any pets) are well-rested and cooperative. 

Although the photographer is obligated to do everything they can to make the experience engaging and enjoyable, you understand that the photographer is not responsible for any photoshoot participants who refuse to cooperate, and that this may impact on the quality of the images being able to be captured. 

You agree to take full responsibility for your own, your children and your pet’s safety throughout the whole duration of the session, the relocation to the shoot and the entire time of you, your child(ren) and/or your pet being on the premises of the shoot. You recognise that there are additional hazards to watch out for on a professional photography set, including, but not limited to lights and light stands, electrical equipment, trip hazards, fall hazards etc. If your child(ren) or pet is posed in, on or near a prop or another member of the family, you agree to remain nearby, vigilant and responsible for their safety at all times.

You agree not to take pictures on your own camera or phone or any device during the session or reveal, nor to take screenshots from any images portrayed to you before purchasing. 

Session Times and Duration

Please make every effort to arrive on time for your session and please let the photographer know as soon as possible if you anticipate arriving late. We ask all customers to arrive a minimum of 10 minutes in advance of your allocated time, to ensure the good flow of the day. 

If the photographer is informed about your late arrival in a timely manner, the photographer will try to adjust your session time accordingly IF possible and if any other sessions with other customers do not have to be canceled/delayed or having to miss any deadlines by delaying your session. If you are more than 10 minutes late without informing anyone at Picaboo Pictures, your session will be canceled with no refund or re-shoot provided. 

Creative license. 

You grant the photographer full creative license to shoot, select images and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.

Special Image Requests

The photographer will make every effort to comply with requests for specific photos. Please ensure these are notified to the photographer and/or Picaboo Picture’s staff before the start of the shoot. Requests that are felt to be unsafe will be refused. It may not be possible for all images requested, or those expected, to be captured. 

Image Archiving.

Picaboo Pictures will keep all RAW images for up to 1 year after your photoshoot session date. After your viewing, additional images can be purchased for up to 1 year. After 1 year, all RAW images might be deleted. 

It is your own responsibility to back up all digital files after receiving the final images, as these will also be kept for 1 year only. Please create multiple backups on different devices.

Data protection

Picaboo Pictures will store clients names, contact details and session information privately and will not share these with any other business or organization.

Photos that are requested to be printed will be shared with our collaborating printing company, Skar Image Lab. We only share the digital images that the customer requested to be printed and the name of the customer. If the customer only requests prints that they want delivered, we also will have to share the customer’s address as Skar Image lab will organize the delivery of prints. 

Liability

In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond Picaboo Pictures control, our liability shall be limited to a full refund of all monies paid for your shoot. 

Picaboo Pictures will no be liable for any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or subcontractors. 

In the event of incapacitating illness or injury to the photographer, Picaboo Pictures will have the option, whenever possible, to find a replacement photographer to carry out the photo service. This will be communicated to you in advance. If we cannot find a replacement, then we will try to reschedule  the photoshoot session. If no mutually agreed time can be found within 3 months of the original session, Picaboo Pictures will refund you all fees paid in relation to the interrupted session in full. 

Any directions issued to the client, their guests or employees during the photographic shoot/event are deemed to be at said person’s own risk. Picaboo Pictures cannot be held responsible for any personal accidents during photographic shoots. 

However Picaboo Pictures always tries to research their collaborating business partners and only tries to work with high qualified businesses/individuals that are known to deliver high quality products, Picaboo Pictures is not responsible for the quality of services provided by business partners or other third parties. 

Image permission release

Unlike our individual standard shoots, our minishoot sessions come at a large discount, and therefore include a full Image Permission Release. Picaboo Pictures likes sharing the work of their photographers. It is our main tool for growing the business. By booking Picaboo Picture’s mini photoshoot sessions, the customer automatically agrees with the permission of a full image release. This included but does not limit the use of our photographic work on our networks, including but not limited to Facebook, Instagram, Website (www.picaboopictures.com) and any printed materials, including but not limited to flyers, posters and leaflets. 

Any customer that prefers not to give a full image permission release, is always welcome to book another photographic session at the standard Picaboo Pictures’ rates that can be found on our website (www.picaboopictures.com).  

We enjoy sharing your stories and images on our social media and website. When we share them, we will not include surnames or address details more specific than a town, unless specifically requested by you in writing. 

The General Data Protection Regulation requires us that we make it clear on how your images MAY be used, and that we collect your consent for this use. 

By continuing with your booking, you provide Picaboo Pictures with the consent for images captured by Picaboo Pictures during the mini shoot session to be used for: 

• Photographic qualifications and awards
• Editorial (e.g. blog about your shoot on our website)
• Use on picaboopictures.comand our portfolio
• Business promotions, including but not limited to leaflets, brochures, adverts, postcards etc
• Social Media including Facebook and Instagram. 

Covid Regulations

All sessions will be planned to maintain, wherever possible, the following additional precautions MAY be enforced where the NZ government requires us to do so, due to higher COVID levels:

• The wear of face masks might be enforced throughout the entire shoot. 
• No unnecessary physical contact might be requested (e.g. handshaking) 
• There will be a sufficient amount of airflow throughout the studio at all times 
• Hand Sanitizer and disinfection wipes will be available during the shoots, for both the staff and the clients to use
• Clients might be asked to confirm they are symptom free, are no close contact to a known covid case, and or awaiting a COVID-test result. 

If you are experiencing any of the known COVID-19 symptoms. Or if you have been requested, according to the NZ regulations in place at the time of your booking, to isolate, then you are obligated to inform Picaboo Pictures immediately via contact@picaboopictures.com or through a phone call at 021 026 04395. We will rearrange another time for your shoot, in a timely manner, free of charge.

Despite the regulations mentioned above and due to the current cases within NZ, Picaboo Pictures can not 100% guarantee the safety and a 100% risk free environment of infection of our clients and staff. Continuing with your booking and attending your photography session constitutes an acceptance of this risk. You are entirely responsible yourself to consider any other health conditions by yourself or those you live with before making and informed decision about whether you are happy to accept this risk. 

If you are required to reschedule your photoshoot booking due to any COVID-19 related circumstances, then this will need to be booked in and taken within three months of the original booking date, or within 3 months after the lift of a national or local lockdown. 

In the event that Picaboo Pictures is required to reschedule your booking, due to any COVID-19 related circumstances, you will accept to reschedule your booking within 3 months of the original booking date, or within 3 months after the lift of a national or local lockdown. Picaboo Pictures has the right to hold on to your $150 session fee for your shoot until both parties are able to reschedule the shoot.