Terms and conditions for Family and Pet photography.
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 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 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 shard 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 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 can not be used at any time for any commercial use or the purpose to gain commercial business.
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 of the photography session. An invoice will be send to the customer with the details on how to pay this first deposit. The remaining 50% shall 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 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 will be made during the viewing consultation and the customer will receive 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.
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 (including any pets) are well-rested and coöperative. You agree to inform the photographer of any behavioral 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 hey 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 child and/or your pet 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. If your child or pet is posed in, on or near a prop or another member of your family, you agree to remain nearby, vigilant and responsible for their safety at all times.
You agree not tot 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.
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 without having to cancel or delay any other client’s sessions or having to miss out on 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.
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.
For pet photography, your time in studio will be as specified in your booking, yet Picaboo Pictures will plan in enough extra time for breaks before and after for your pet to have a toilet stop in the garden. Water will be provided during the shoot outside the studio for your pet to stay hydrated. For dogs and puppies, generic treats can be provided, however Picaboo Pictures is not responsible for any food allergies your dog may have. If you are aware of any food allergies in your pet, we highly recommend you to provide your own treats for during the shoot.
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 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 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 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.
Image permissions release
Picaboo Pictures likes sharing the work of their photographers. It is our main tool for growing the business. In return for your permission or a full image release, you will receive a $25 credit on your image purchase after the shoot.
We enjoy sharing your stories and images on our social media and website. 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.
At your booking time you will receive an attachment in your e-mail with the consent, please sign this document and either provide us a digital copy or bring it along on your session.
The consent-form includes the following for you to provide the consent for images captured by picaboo pictures to be used for:
- Photography 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.
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 the phone number provided on the booking e-mails. 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.