Note – The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of New Zealand shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE
a) By booking with Photo Hive Limited you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) This booking fee is not returnable except in the event of Photo Hive Limited cancelling the booking.
c) Booking fees taken for Newborn, Family, Baby & Kids, Couples and Personal Portrait Sessions, are non-refundable except in the event Photo Hive Limited cancels the booking. lf a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
3) RESCHEDULING SESSION/NO SHOW
a) If a session which is confirmed by the client is required to be rescheduled through fault or reason that of the client and it is less than 48 hours notice a rescheduling fee of $25 including GST is payable upon rebooking and/or at the discretion of Photo Hive Limited.
b) If a client fails to arrive at their scheduled appointment time and there is not sufficient time to complete the session than a rescheduling fee of $25 including GST is payable upon rebooking and/or at the discretion of Photo Hive Limited.
c) If notice of intent to reschedule a session is given more than 48 hours prior to the start time of that session no fee is payable on rebooking.
4) FULFILLMENT OF OBLIGATIONS
a) Photo Hive Limited shall not be liable to the Client for any failure, in whole or in part, to fulfill its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as Photo Hive Limited professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If Client fails to read the supplied session prep guidelines, and therefore fails to carry out required preparations prior to their photo session, Photo Hive Limited will not be held responsible for any resulting reductions in quality or quantity of images supplied.
5) PRINTS. All images produced by Photo Hive Limited are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by Photo Hive Limited. Photo Hive Limited will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at Photo Hive Limited studio.
a) Although Photo Hive Limited will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
b) All viewing sessions must take place at Photo Hive Limited place of operation (studio). Home Viewings are possible in limited circumstances and attract additional fees.
7) ARTISTIC INPUT
a) Otherwise agreed between the Client and Photo Hive Limited, Photo Hive Limited shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of un co-operative children at a session of any kind, for any reason, Photo Hive Limited may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) Additional edits are carried out at the discretion of Photo Hive Limited, and Photo Hive Limited reserves the right to charge the Client for additional editing to cover time involved, at a rate of $20 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
8) COPYRIGHT & REPRODUCTION
a) Copyright is retained by Photo Hive Limited at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Photo Hive Limited. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Photo Hive Limited written permission.
c) Permission to reproduce a picture is granted to the Client by Photo Hive Limited only when a fee for the reproduction has been agreed with Photo Hive Limited and an invoice has been issued by Photo Hive Limited and paid in full by the Client to Photo Hive Limited.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Photo Hive Limited an unauthorised use fee of $250 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by Photo Hive Limited is personal to the Client and may not be assigned to any third party without Photo Hive Limited prior written consent.
f) The Client will fully indemnify Photo Hive Limited against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without Photo Hive Limited prior written consent).
a) While Photo Hive Limited has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
10) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies Photo Hive Limited in writing of any discrepancy or error within 14 days of receipt.
11) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with Photo Hive Limited you are committing to buy the ordered products.
12) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Photo Hive Limited, 130 St Georges Bay Rd, Parnell 1052. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
13) USE OF PICTURES
a) Photo Hive Limited retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
13) MODEL RELEASE
a) Unless specified in writing, Photo Hive Limited makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy him/herself that all necessary rights, releases or consents required for reproduction have been obtained.
14) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.