Terms and Conditions Event photography 

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 and/or payment of the deposit 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 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 shard by the photographer online.

After the shoot, the photographer might 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 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. In addition, you agree to include the photographers’ company name, Picaboo Pictures, and their social media account or website www.Picaboo Pictures.com

Photographs are only licensed to be used for personal use only. The portraits and photographs cannot be used at any time for any commercial use or the purpose to gain commercial business. If you wish to use the images for commercial use, a commercial license can be purchased at any time before or after the shoot took place.

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

Reservations and payment

Your booking is reserved only once the non-refundable deposit has been made. The first hour of the event will need to be paid as deposit. Additional hours will be invoiced after the event. An invoice will be send to the customer with the details on how to pay this first deposit. The remaining fee is to be paid within 5 working days of the shoot. 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 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.

All payments shall be made through bank transfer.

Picaboo Pictures Obligrations:

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 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 to ensure that everyone attending the photoshoot (including any pets) are well-rested and cooperative. In case of animals attending the photography session, you agree to inform the photographer of any behavioural issues and precautions needed to handle your dog and/or pet throughout the duration of the shoot to ensure the shoot can continue without any health and safety risks. It is your obligation to maintain and control your pet at all times.

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 you own, your child and your pet’s safety throughout the whole duration of the session, the relocation to the shoot and the entire time of you, your guests, your family and your child and/or your pet being on the premises of 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 for the event to start 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 have to be cancelled/delayed  or having to miss any deadlines. If you are more than 15minutes late without informing anyone an Picaboo Pictures, your session will be cancelled with no refund or re-shoot provided.

At the time of the booking, Picaboo Pictures will require an estimate of the duration of the shoot. The 1^st hour will need to be paid as deposit. If on the day of the event, you require the photographer to stay longer, they will do so IF no other customers’ sessions need to be cancelled or rescheduled in order to do so.

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.

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 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. 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.

Image Archiving

Picaboo Pictures will keep all RAW images for up to 1 year after your photoshoot session date. After 1 year, all RAW and edited images will 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 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 advanced. 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 cannot 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.

Image permission release

Our event photography service includes 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 Pictures Event photography service,

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.

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 event

session to be used for:

• Photographic qualifications and awards
• Editorial (e.g. blog about your shoot on our website)
• Use on www.picaboopictures.com and our portfolio
• Business promotions, including but not limited to leaflets, brochures,

adverts, postcards etc

• Social Media including Facebook and Instagram.