Moemoea Collective – Terms & Conditions
All capitalised words are defined in the definitions section below.
- INSTRUCTIONS MUST BE IN WRITING
The Client must ensure that all their instructions and expectations (or variations of such) regarding the Booking or Order are agreed in writing.
- LICENCE GRANTED TO CLIENT
The copyright in all Photographic Works resulting from the Booking or Order remains the property of the Photographer.
The Photographer does not accept commissions to create Photographic Works. The Photographer and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.
The Photographer grants the Client a non – exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client, however this Licence does not include the right to copy, reproduce or publish the Photographic Works or any part of the Photographic Works. The Client may license any or all of the Photographic Works from the Photographer’s selection.
The Client acknowledges that the purpose of the creation of the Photographic Works includes the right of the Photographer to:
- a) enter the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
- b) advertise or otherwise promote the Photographer’s Work; and
- c) submit the Photographic Works for display at art galleries or other premises; and
- d) use the Photographic Works for any other purpose within the Photographer’s business activities.
- CONDITIONS OF LICENCE
This Licence to use, and the right to use, the Photographic Works comes into effect from the date of full payment of the Order, except where the Photographer gives express written permission.
- COPYRIGHT IN THE WORKS
All copyright that arises out of the performance of the Photographer’s obligations under this contract shall arise not by commission but shall be the creation of the Photographer. The Photographer shall remain the first owner of the Photographic Works and the Client shall be supplied with the Photographic Works for use on the basis of the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright at the Photographers normal prices at the time of the request.
- MORAL RIGHTS
The Photographer asserts his or her moral rights in respect of the Photographic Works and any reference to the Photographic Works shall be accompanied by full attribution to the Photographer in a form to be approved by the Photographer.
- PRIVACY and PERSONAL INFORMATION
The Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.
The Client shall pay the Photographer the various amounts payable in accordance with the Booking and/or Order agreement(s).
Any monies not paid in full in accordance with clause 7 may be charged with interest at a rate of 2% per month or part month overdue.
The Client undertakes to indemnify the Photographer for any loss, damage, or expense (including costs as between solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.
- CANCELLATION OR POSTPONEMENT OF BOOKING
At Client’s discretion. Client understands that pursuant to this Agreement, Photographer may forgo opportunities to book other business on the Session date. Client understands that in exchange for this consideration, Client agrees to the following with regards to a refund of the Session fee paid by Client to Photographer:
Reschedule. You must give 48 hours notice that the session needs to be rescheduled, if this notice is not given you may be recharged the non-refundable session fee when rebooking. Please contact me ASAP if you need to postpone your shoot due to unforeseen circumstances, as the majority of my clients have children I completely understand and am happy to move things around where I can without disrupting other client sessions.
Cancellation. In the event that the Client cancels the Session, the Client must give 5 working days notice of cancellation to receive a full refund of the Session fee. In instances where the 5 working days notice is not given the Client shall forfeit the Session fee.
At Photographer’s discretion.
Force majeure. In the unlikely event that Photographer is unable to provide the services set forth in this Agreement on the Session Date for any reason including, but not limited to, illness, injury, emergency, or act of God, Photographer will offer a rescheduled Session date at no cost to the Client. If client does not want to take the offer of a rescheduled Session the Client can choose to cancel and receive a full refund of their Session fee. Photographer will not be responsible for any other costs incurred to the Client due to cancellation of the Session.
- ONLY CLIENTS AT THE SESSION
Please bring only the subjects to be photographed to the session. This is especially important with pets and kids, as Tessa will need their full attention on her rather than looking at other members of the family. Of course parents are always welcome!
- CLIENT CONFIDENTIALITY
The Client must advise the Photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the Booking or Order.
- INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY
The Client shall fully indemnify the Photographer in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Client or any infringement of an intellectual property right of any person.
- PHOTOGRAPHS VIEWED BY CLIENT
While Tessa does capture many images during your session, you will see only those images selected by her, the artist, for previewing. She carefully renders each image to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from my archives permanently after the artist rendering is complete.
- ONLINE GALLERY & ORDERING
Within 7 working days your online gallery of the best photographs from your Session as chosen by the Photographer will be up online for you to view. Your gallery will be online for one fortnight so you can take your time to enjoy your images and decide what you would like to order. After one fortnight your slideshow and gallery are archived. There is a $50 fee to reload your gallery once it has expired. Any galleries where no order has been made by a month, will be deleted as well as all of the digital files so please keep in touch if you need a little longer.
Due to the custom nature of the work, payment for your order must be placed in full and is subject to a 50% cancellation fee should you change your mind about an order after it is placed. Once an editing on an order has begun, it is deemed non-refundable. Payments may be made cash and bank transfer or for an extra fee Visa or MasterCard. If budget constraints do not allow you to pay in full please talk to Photographer about payment plans.
Once the Client order is sent through and paid in full, work on your images begins then you will receive your order in approx. 2-6 weeks. This may be longer for Framing & Albums. Your portraits are an investment and an heirloom that should not be rushed. You will be notified by telephone or e-mail when your order is ready for pickup. If you are unable to pick up your order, we can ship your order to you for an additional charge.
- UNORDERED PHOTOGRAPHS AND FILE ARCHIVAL
The Client unordered files will be deleted 30 days after you receive your order. All of your ordered files will be stored for a year, however due to the nature of digital files being easily deleted and corrupted I take no responsibility for archiving your files and recommend you make backup copies of digital files you order.
- DIGITAL FILES
The Client agrees to assume full responsibility for the care and condition of the DVD/CDs/Digital files they receive from their order. Moemoea Collective recommends storing copies on several locations, including off-site storage. Moemoea Collective is not responsible for the colour reproduction of enlargements from these files that have been taken to non-professional and/or consumer type labs.
- COLOUR VARIATION
The Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used. The Client releases the Photographer from any liability for any claim based upon fading or discolouration.
- IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993
The Consumer Guarantees Act 1993 may apply to the licensed Photographic Works provided by the Photographer if the Client acquires those licensed Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act.
If the Client is acquiring the licensed Photographic Works for business purposes, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this case the Photographer may grant a separate licence under the Standard Terms for Commercial Photography.
- PHOTOGRAPHER NOT LIABLE FOR CLIENT INJURY OR PROPERTY DAMAGE
You agree to hold harmless, Tessa Russell, and Moemoea Collective, from any dispute in the event you become injured during your session. Tessa Russell & Moemoea Collective will not be held liable for any injury incurred by you or your family, or any damage to your property during the photo session or while on location.
- PHOTOGRAPHER NOT LIABLE FOR LOSSES
Except as provided for by the Consumer Guarantees Act 1993 the Photographer shall not be liable for:
- a) any loss or damage arising by reason of any delay in the completion of the Photographic Works; or
- b) any loss of profits; or
- c) any indirect or consequential loss of whatever nature; or
- d) any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by the Photographer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Photographer.
- LIABILITY OF PHOTOGRAPHER LIMITED
The Photographer’s liability to the Client for any and all costs, loss or damage of Photographic works suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.
- ORDER MAY BE TERMINATED ON NOTICE
Effective termination of the Order by the Client must be in writing and give reasonable notice to the Photographer. The Client must compensate the Photographer for all amounts due in accordance with the Order Agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, the Photographer must take immediate steps to bring the photographic services to a close.
- FORCE MAJEURE
Neither the Client nor the Photographer shall be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside the Photographers control.
Session: includes appointments made for a sitting, viewing and any other meeting where the Photographer has set aside specific time to meet with the Client.
Session fee: the non-refundable payment made to Photographer to cover the arranged Session.
Photographer: Tessa Russell from Moemoea Collective
Client: means the client listed on the Booking /Client name.
Order: includes an order placed by the Client for the production of Photographic Works
Photographs may be referred to as photos, images, digital files.