Terms and Conditions

1.Retainer and Payment. The client understands and agrees to pay session retainer fee at the time of session booking. This is a non-refundable reservation $100 fee, to secure the date and time of the appointment and for the photographer to not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the client cancels the contract for any reason, all monies paid shall be retained by the photographer in order to offset its loss of business. Remaining session fee payment is payable 3 days prior to session or agreed with Photographer to pay on a set date. In case of no payment 3 days prior to the session, there will be 50$ late fee charges applied.

2. Cancellation. If Client cancels this agreement, or fails to show, this agreement, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.

3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 24 hours prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

4. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

5. Photographic Materials and delivery. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. Photographer will choose final delivery images for Newborn, Maternity and Sitter sessions or any other session not mentioned otherwise. Photographer can share online gallery for selection of images for family and cake smash sessions if requested by client If the client wants to buy additional images on top of the package bought by client, The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. The final HD digital Images shall be delivered to the Client within 4 weeks of the session. $100 charges apply if you want pictures urgently (minimum 1 week delivery time i.e. one week after urgent delivery fee received). If an online Image gallery is delivered, it shall remain open for 3 days from delivery date for Client to download. If the Client requests to extend the time or reopen the online gallery, a $50 un-archival fee shall apply.

6. Copyright and Reproductions. The Photographer shall own the copyright of all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use or for display within or on the Photographer’s website and on Social media/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images by the client is strictly prohibited without the written permission of the Photographer.

7. Camera’s and Picture taking during the Session. The client understands that: No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.

9. Travel and coverage Fees. The Client shall pay $1 per KM after 30 KM outside the Auckland Central.

10. Circumstances. If the Photographer is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion. (applicable to newborn and babies only).

11. Archives. The Client understands that: Orders must be placed at the ordering session or through the online Proof Gallery. PURCHASED images will be archived for three (3) months, and any UNORDERED images will be DELETED. After three (3) months the photographer may purge their system and remove images older than three (3) months, in order to make room for new client galleries. There is a retrieval fee of $150 for all archived images. There is no guarantee the client’s gallery will be available after three (3) months from the ordering session. The photographer is not responsible or liable for loss of images, nor the client’s loss of images.

12. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The photographer can choose to alter the color scheme in post production to artistically enhance the image. The photographer can use Digital Props (Fine Arts) purchased and licensed to BearHugs Photography in the post production. The client can choose not to use any digital backdrop in the pre-session consultation. But client can’t enforce to use any specific setup/digital backdrop for the session. Client can request color scheme but final setups are photographer description.

13. Preparation. (Applicable to Newborn sessions Only) The Client shall feed the baby a full feeding right before the session and try to keep the baby awake for an hour before the newborn session. Baby shall be fed immediately at the beginning of the session in Studio or just prior to arrival. The baby must be dressed in loose fitting clothing for ease of changes for portraits. The Client shall bring at least two bottles for feeding or supplies for nursing. If a pacifier or soother is required, the Client shall supply those items. The Client needs to bring the Diaper bag for change of diaper.

14. Subjects. The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects.

15. Medical Conditions. If client or baby has any medical, allergy conditions or any type of health issues, It’s client responsibility to inform Photographer in advance. If medical conditions are restraining to perform session, photographer can reschedule the session after consulting with the client.

16. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

17. Social  Media. The Client may share their own posts, links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.

18. Photographer. The Photographer reserves the rights to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

19 Abuse. The client understands that: here at Bear Hugs Photography treat all clients with the utmost respect, and ask that the clients and their family and guests do the same. Sadly, sometimes there is someone who goes out of their way to bully, harass, or be verbally or physically abusive to photography professionals. The Photographer will stop working at the same time to keep environment professional and friendly.

20. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the full payment to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

21. Photographer’s Standard Price List. The charges in this agreement are based on the  Photographer’s Standard Price List. This  price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

22 License: All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos included in the price for photography services are mentioned in the invoice at the top under description.

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