Terms & 
Conditions

We have terms and conditions to clearly outline the rights, responsibilities, and expectations for both you and our photography business. These T's & C's help protect your interests by ensuring transparency in our services, payment policies, and usage rights for your images. They also provide legal protection for both parties, helping to prevent misunderstandings and disputes. Ultimately, having clear terms and conditions helps us deliver a professional and satisfactory experience for all our clients and uphold the professional standards in our industry.

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In these terms and conditions:

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1. Definitions

 

1.1 “Provider” "Photographer"  means Forever Portrait Studio, its successors and assigns, or any person acting on behalf of and with the authority of Forever Portrait Studio.  

 

1.2 “Client” means the person(s) engaging the services of the Provider for photography or related services as specified in any invoice, document, or order. If there is more than one Client, the reference shall apply jointly and severally.  

 

1.3 “Services” means all photography services, products, and any related goods provided by the Provider to the Client at the Client’s request from time to time.  

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1.4 “Price” means the total amount payable for the Services, which is selected by the Client from the options provided by the Provider, and agreed upon at the time of order or booking.

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1.5 “Business Day” means a day that is not a Saturday, Sunday, or public holiday.

 

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RESERVATIONS & SCHEDULING

Booking Payment of a nonrefundable Booking Fee, and execution of this Agreement is

required to reserve the Photo Session.

 

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Payment, Non-Payment, and Travel Costs 

Session booking Fee will be made at the time of your confirmation to reserve the artist/s and studio. If payment is not

received in accordance with the payment due dates, the Agreement may be voided by Photographer. Travel costs and or additional expenses will be approved as needed between parties and will be billed separately.

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​Studio Credit and Gift Vouchers

1. Non-Transferability: Studio credit and gift vouchers are non-transferable. 

2. Redemption Policy: Studio credit and gift vouchers cannot be redeemed for cash or any cash-equivalent value. 

3. Usage Requirement: All studio credit and gift vouchers must be used during the initial viewing session. Any credits or vouchers not redeemed during this session will be forfeited.

4. Limitations on Use: Only one studio credit or gift voucher may be applied per session for purchase orders. 

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Gift Cards

We cannot accept returns or refunds for cash on gift cards.

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Rescheduling and Cancellation To reschedule, the Client will be granted (1) complimentary date change. After

this the client is required to submit to a new agreement, subject to an

additional Booking Fee and any pricing changes, unless the reschedule was

due to a service interruption as provided in this Agreement.

 

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Location

Client is responsible for acquiring necessary permits and/or permission for locations.

 

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Cancellations

For cancellations with less than 48hours notice, the Booking Fee becomes nonrefundable, and Client will be responsible for nonrefundable travel costs

and/or expenses incurred.

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Cancellation Policy

If the client needs to cancel the session, written notice must be provided at least 48 hours prior to the scheduled shoot date. Failure to provide written

notice will result in a cancellation fee of the full session fee.

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No-Shows

Policy In the event that a client fails to attend a scheduled [session/consultation/meeting] without providing adequate notice (as defined above), the client shall be deemed a "no-show" and shall be responsible for paying the full session

fee.

 

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IMAGES DELIVERY AND RIGHTS

Image Delivery Photographer will select images based on its artistic discretion to show the Client. A minimum number of images is not guaranteed. Photographer may accommodate standard editing requests of the selected images, but is not required to do so. Images, portraits and collections will be chosen at will by the client at a separate scheduled ordering and viewing appointment with the photographer and are not included with the Booking fee or Photo session. To place an order, a half deposit amount of the total is required. Archival of the images is the responsibility of the Client.

 

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Client’s Use of Images

Client shall use images for personal use only, and not allow third-party use without permission, or manipulate or alter the image in any way.

Photographer photo credit is required for online posts.

 

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Photographer’s Use Image Rights

Photographer retains all copyrights to all images. Client agrees that Photographer may use images for its own promotional and marketing

activities.

 

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Products and Prints Images,

Portraits and collections are purchased separately and will be chosen at will by the client at a separate scheduled ordering and viewing appointment

with the photographer and are not included with the Booking session fee or Photo session. To place an order, a 50% deposit of the total amount is

required. Archival of the images is the responsibility of the Client.

 

 

Shipping and Handling

1. Shipping and handling fees are included for deliveries from Italy to Forever Portrait Studio, New Zealand only. 

2. Please note that the shipping and handling included in your order is to the studio only and does not cover any additional courier fees for shipments from our studio to your chosen destination within New Zealand.

3. It is the client's responsibility to cover any courier costs associated with deliveries from the studio to the specified destination after the initial shipping from Italy to New Zealand.

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Image Processing and Retouching

Every print purchased includes standard retouching and editing processing. This includes adjustments to colour balance, contrast, brightness, and

saturation levels, basic editing such as removing blemishes, shadow correction, and other imperfections from the subject's skin without dramatically

altering it from its original capture. If you require more than what is standard retouching time this will be discussed and quoted separately.

 

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DISPUTES

Dispute Resolution Any dispute shall be brought to the attention of the photographer and the client shall endeavour in good faith to resolve any dispute between themselves and the photographer within (10) working days. After this any dispute shall be brought within the photographers jurisdiction of

Photographer’s principal place of business and the local law shall apply. Any potential legal damage for any claim shall not exceed the total cost of the

Photo Session.

 

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LIMIT OF LIABILILTY

Client Risks Client acknowledges that the Photo Session may expose the Client to risks, such as COVID–19, hazards, and other dangers that cannot be anticipated, known, controlled, or eliminated, or are created by Client’s own doing. Client assumes such risk.

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Dangerous Conditions

Photographers retain the right to stop the Photo Session, deny any photo request, or reschedule services if Photographer feels to be in danger.

Minors and Pets Minors shall be accompanied by a parent or guardian. Photographer is not responsibility for safety or care of minor children or pets who may be subjects of or present at the Photo Session.Service Interruptions Should services be cancelled, postponed, or otherwise adversely impacted because of a force majeure event (including but not limited to Acts of God, including fire, flood, earthquake, storm, hurricane or other natural disasters, pandemic or epidemic, Government restrictions and/or any other cause beyond the reasonable control of the parties), no refunds will be made for the Booking Fee and payments already received by the Photographer. Photographer will use all reasonable efforts to reschedule.

 

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Interruptions Policy

In the event of any interruptions, including but not limited to, unexpected visitors, phone calls, or other distractions, the Photographer reserves the

right to pause or terminate the session if necessary. The Client understands that any disruptions may affect the quality and outcome of the photographs. The Photographer's exclusive access to the studio and session time is a condition of this agreement.

 

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General Release

A reshoot will be provided as the sole remedy if all images damaged in processing, lost through camera malfunction, or otherwise lost or damaged

prior to the delivery of the final images.

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Session Payment Terms

The total session fee is due in full before the shoot date. The Portrait Session breakdown is as follows:

• Portrait Session fee NZ$ 390.00.

• Hairstyling and Makeup per person NZ$200 per person  (travel not included)

• Studio print credit - NZ$390 

• Additional Hairstyling and Makeup services per person- NZ $200

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Session Booking Fee 

The session booking fee is due before or at the time this agreement is signed. Photographer shall not commence work on the portrait session until the fee is received. The client understands the Session Fee paid by the Client covers the Photographer's time and expertise during the booked session, but does not include any physical products or tangible items.

 

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Payment Methods

Payments can be made by bank transfer, debit/credit card, or cash. Please note that a 2.5% surcharge applies to credit card transactions.

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Late Payment

If the full payment is not received by the due date, we will hold all products and services until payment is made in full.

 

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Additional Fees

Any additional services or products requested during the session must be paid for on the spot. Extra prints, editing service costs will be discussed and agreed with client before proceeding.

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Refunds

We do not offer refunds or exchanges if you change your mind once an order has been placed and processed.

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Copyright and Use of Images

The photographs produced by Photographer are protected by copyright and Client is granted a limited use license only. Client agrees to use the images for non-commercial purposes only and shall not sell, reproduce, or publish the images for profit without the prior written consent of Photographer.

Photographer photo credit is requested for online posts.By signing this Agreement, Client acknowledges that they have read and understand this Agreement and agree to be bound by its terms.​

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Model Release

Client hereby grants permission to Photographer to use the images for promotional purposes, including but not limited to, use on websites, social

media, and advertising materials. Client agrees to a model release granting Photographer the right to use the images for promotional and marketing

activities. The client understands being able to share the photographs is an essential part of running a photography business.

 

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Exclusive Access to Studio and Session Time

The Client acknowledges that the Photographer will have exclusive access to the studio and session time booked for the duration of the scheduled session. During this time, no other photographer or individual shall be permitted to use or take photos in the studio. The Photographer's exclusive access to the studio and session time is a condition of this agreement. Liability Photographer shall not be liable for any technical issues, loss of images due to technical problems, or any other circumstances beyond Photographer’s control. Client is responsible for the behaviour of any person accompanying them to the shoot, including children. Session Timeframe The Client agrees to ensure that all necessary participants (models, family

members, etc.) are present and ready to begin the session at the scheduled start time. Any delays or cancellations by the Client may result in reduced

session time or additional fees.

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Overtime Terms

If delays occur due to factors beyond my control, including but not limited to inclement weather, traffic, or unexpected circumstances, you will not be

charged for overtime. The Photographer reserves the right to use discretion when determining whether a situation constitutes overtime. The Photographer's determination of whether a situation constitutes overtime is final and binding.

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Overtime Policy

Overtime is defined as any time worked beyond the agreed-upon scheduled start and end times for the photo shoot. Overtime includes, but is not limited to, additional hours spent waiting for you or your party to arrive or depart, taking extra photos, or making adjustments to accommodate changes in the shoot/editing schedule. The standard rate for overtime for a photographer is $150 per hour and $80 for a makeup artist. You will be charged for all overtime hours worked per artist, rounded up to the nearest quarter hour (15 min).

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Alternative Arrangements

In the event that an unexpected interruption occurs, the Photographer will work with the Client to reschedule or adjust the session as needed. However, this is subject to availability and may incur additional fees.

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Artists' Rights and Compensation

As a professional photography service, we firmly believe in the value of creative work and the rights of artists to receive fair compensation for their efforts. By engaging in our services, you acknowledge that the artistry involved in photography entails both skill and substantial investment in time, resources, and expertise. Therefore, we uphold the principle that there is no such thing as a "free lunch." All services rendered, including but not limited to government taxes, insurance, studio rental, equipment, planning, shooting, editing, and delivering images, require compensation that reflects the quality and commitment of our work. We appreciate your understanding and support in valuing artistic contributions through fair payment practices.

 

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Responsibility for Reading Terms and Conditions

By engaging with our services, you acknowledge that it is your responsibility to read and understand the terms and conditions outlined herein. We have made all relevant information publicly available for your reference. While we strive to provide clarity and transparency, we cannot be held responsible for any misunderstanding or lack of comprehension of the content presented. If you have any questions or require further clarification on matters not addressed on our website, we are committed to assisting you and will endeavour to provide clarity. Your engagement is appreciated, and we seek to ensure a clear understanding of our policies and practices.

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By agreeing to book and participate in any photoshoot, you acknowledge and accept these terms and conditions.