The Photographers’ Terms of Service (New Zealand)
1. Acceptance of Terms
By engaging The Photographers (referred to as “Designer”) for photography services, the client (referred to as “Client”) agrees to the following Terms of Service. These terms constitute a legally binding contract between Designer and Client.
2. Services
The Photographers agree to provide photography services as described in the project proposal and/or scope of work agreed upon by both parties. Any additional services or changes to the project scope must be agreed upon in writing and may result in additional fees.
3. Client Responsibilities
Client agrees to:
- Provide all necessary information, materials, and content required for the project promptly.
- Review and approve all project milestones and deliverables in a timely manner.
- Cooperate with Designer throughout the project, responding to requests for feedback, input, and approvals.
4. Payments
Client agrees to pay The Photographers the agreed-upon fees according to the payment schedule outlined in the project proposal or contract. All payments are non-refundable, except as otherwise specified in this agreement. Prices are in New Zealand dollars (NZD) and are subject to Goods and Services Tax (GST) as applicable. (We are currently not GST registered).
5. Project Timeline
The Photographers will provide an estimated project timeline, and both parties agree to work together to meet project deadlines. Delays caused by Client’s failure to provide necessary materials or approvals may result in project timeline extensions.
6. Intellectual Property
Upon full payment, The Photographers grants Client a non-exclusive, royalty-free license to use the completed the photo-shoot for its intended purpose. The Photographers retains all rights to any original design elements, source files, and design concepts created during the project unless otherwise agreed upon in writing.
7. Revisions and Edits
Client is entitled to a specified number of revisions as outlined in the project proposal. Additional revisions beyond the agreed-upon number may incur additional fees.
8. Termination
Either party may terminate this agreement with written notice if the other party breaches any material term or condition of this agreement. Upon termination, Client is responsible for any outstanding fees for work completed.
9. Confidentiality
Both parties agree to keep all project-related information and materials confidential, except as required by law.
10. Liability
The Photographers is not liable for any loss, damage, or consequential damages arising from the use of any services provided. Client agrees to indemnify and hold The Photographers harmless from any claims or lawsuits related to the project.
11. Jurisdiction
This agreement is governed by the laws of New Zealand. Any legal action arising from this agreement will be filed and litigated in the courts of New Zealand.
12. Entire Agreement
This agreement constitutes the entire understanding between The Photographers and Client and supersedes all prior agreements, whether written or verbal.
By signing below, both parties acknowledge that they have read, understood, and agreed to the terms and conditions outlined in this document.
The Photographers
1 Bryce St, Gisborne 4010. New Zealand. 0274 772-648
Client’s Name (Printed): ________________________________________________
Designer’s Signature: _____________________________ Date: ______________
Client’s Signature: _______________________________ Date: ______________
Please consult with a legal professional to ensure compliance with New Zealand’s laws and regulations