Thank you for booking a photography session with Picaboo Pictures.

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 the T&C’s.

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

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 variation 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 confirmation and/or payment of the 50% deposit of the total 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’ service. No variation of this contract shall be recognised unless explicitly agreed to in writing.

Any booking or payment made to Picaboo Pictures (including the session fee and the 50% deposit to secure your booking) indicates 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 and 78 of Copyright, Design and Patents Act 1988. Any unauthorised reproduction or modification of any images 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 way.

If you wish to share photographs to your own private or Commercial network (including but not limiting to Facebook, blogs, instagram, TikTok, Snapchat or any other online channels) you agree to do so only once you have purchased and paid for them. The photographer grants the Client a license that allows them to share and publish images in any media, worldwide for perpetuity. This usage license does not allow the Client to sell the images or claim creative or production credit for the images without the photographer’s written permission.

The Clients are not permitted to take their own photographs at any portrait photography session.

Reservations and payment

Your session is reserved only once a 50% non-refundable deposit has been made for the photography session. An invoice will be sent to the customer with the details on how to pay this first deposit. The remaining 50% shall be paid within 5 working days after the viewing. The session fees are non-refundable and contribute towards the photographer’s time planning your shoot with you and creating and sending out the necessary information for your session.

The price for your session will be as agreed at the time of the booking. Booking your session by paying your session fee guarantees that you receive Picaboo Pictures current portrait rates. Sessions rescheduled by the client are subject to the prices current at the time of rescheduling, unless falling under any Covid-19 related circumstances. Prices on the website or on marketing materials may be out of date, and Picaboo Pictures reserves the right to adjust prices at any time without prior notice. All prices are in New Zealand Dollars (NZD).

All photoshoot sessions must be taken within 12 months of the session fee payment being made. Any exceptions to this need to be agreed in writing, and the current prices and booking conditions will apply.

Within 5 working days after the photoshoot session, the client will receive an invitation to select the images for purchasing. The viewing consultation will be held either at our studio or online through a video call and screen sharing. At the viewing, the customer will be able to select the images he/she would like to purchase, according to the pricing plan on the website www.picaboopictures.com. An agreement on the purchase of how many images are included in the package will be made during the booking of the Headshot session. The customer will be able to purchase additional images on the time of the viewing if he/she wishes to do so. The customer will receive an invoice for the payment of any additional images and the remaining 50% of the photoshoot fee. Final edited images will only be released to the customer after receiving this payment.

All payments shall be made through bank transfer.

The customer can reorder additional images up to 1 year after the photoshoot.

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 session or services that are deemed to pose a health and safety risk to you, our staff, or other people.

Your obligations

You agree to assist and cooperate with the photographer in all matters relating to the photography services 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 and the photographer requests of you to ensure that everyone attending the photoshoot are well-rested and coöperative.

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 this may impact on the number and quality of the images being able to be captured.

You agree to take full responsibility for your own, throughout the whole duration of the session, the relocation to the shoot and the entire time of you being on the premises of the shoot. You recognise that there are additional hazards to watch out for in a professional photography studio, including, but not limited to, lights and light stands, background sheets and background stands, electrical equipment, trip hazards, fall hazards etc. 

You agree to not 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 during the shoot.    

Session Times & 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.

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 not have to be cancelled/delayed or the photographer is not having to miss any deadlines. 

If you are more than 15minutes late without informing anyone at Picaboo Pictures, your session will be cancelled with no refund or re-shoot provided.

If for any reason a session duration is not specified as part of your package, the photographer will end the session at their discretion when he/she determines that adequate images in terms of quality and quantity have been captured.

Cancellation

In the event of a cancellation, the 50% deposit paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until the 50% deposit is paid. 

Creative License

You grant the photographer full creative license to shoot, select images, edit 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 pictures’s staff before the start of the shoot. Requests that are felt to be unsafe or deemed inappropriate will be refused. It may not be possible for all images requested, or those expected, to be captured. For the use of any props, please communicate what is required with the measurements of the props, and provide the props yourself if Picaboo Pictures does not have the props available at their studio.

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 will be deleted.

It is the clients 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 organisation.

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 not 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 sub-contractors.

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 clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. Picaboo Pictures can not be held responsible for any personal accidents during a photographic shoot.

Picaboo Pictures is not responsible for the quality of services provided by business partners or other third parties.

Location costs and additional fees

If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Session fee doesn’t covers travel cost if outside Auckland. If the location is outside Auckland, the Photographer remains the right to add an additional travel cost on top of the photoshoot fee. 

Re-shoots

Re-shoots are determined at the discretion of the Photographer. Re-shoots will not be provided for poor choices of clothing or location, make-up or hair issues, weather related issues or issues arising from not following the recommendations of the photographer.

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 in the studio, 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 are 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 02102916728. 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 rising of 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 an 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 3months after the lift of a national 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 after the original booking date, or within 3 months after the lift of a national lockdown, Picaboo Pictures has the right to hold on to your 50% deposit for your shoot until both parties are able to reschedule the shoot.