CONTRACT FOR PHOTOGRAPHIC SERVICES 

It is understood that Photography by Aaron Parker is the exclusive, official photographer retained to perform photographic services requested on this contract. 

The Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters. 

No part of any order, including previews, will be delivered until the balance is paid in full. Payment for prints is required in full/half at the time of placing an order.

Original photographs are not included, only edits. The Photographer retains the right to edit the photographs and omit any image. It is understood that The Photographer will not deliver every exposure taken. The Client agrees to abide by The Photographer’s editing decisions. 

The Client will receive photos on digital download for personal use. Digital download includes images for printing and may be used on the web, Facebook, or email. 

The Client understands that when publishing photos on websites, i.e. personal website, Facebook, etc., client will not edit the photos in any way, i.e. editing the watermark, cropping, filters, etc. 

The Client is responsible for making a backup of all photos from the digital download. USB drives may be purchased from The Photographer. The Photographer will make every attempt to keep archival copies of photos but does not guarantee that they will be retained indefinitely. Backup copies are for client use only and may not be distributed to others. 

The Client shall assist and cooperate with The Photographer in obtaining desired photographs. The Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. The Client will be respectful to The Photographer and all parties being photographed. The Photographer has the right to end the session, without refund, if there is lack of cooperation or respect. 

Client will not hold The Photographer or the owner of the property liable for any injury that may occur during the session. 

The charges in this Contract 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 the order is placed. 

In the event The Photographer files suit to enforce any term or condition herein, The Photographer is entitled to expenses of litigation, including reasonable attorney fees.

The Client shall give deposit 10% of the booking price or of the package and the remaining amount of the booking shall be paid one week prior to the date of the event.

NOTICE OF COPYRIGHT: As the author of all images made hereunder and as provided for by law, The Photographer shall retain the copyrights in perpetuity, regardless of possession or ownership of negatives, photographs, digital files or any other format of reproduction.  It is ILLEGAL to copy or reproduce these photographs without Photographer’s permission, and violators of Law will be subject to its civil and criminal penalties.  

The Photographer retains copyright to the photographs. 

All retainers and payments are non-refundable.   

This Contract incorporates the entire understanding of the parties. Modification to this Contract must be in writing and signed by both parties. 

FOR ALL SESSIONS (NOT INCLUDING WEDDINGS/EVENTS) 

The Photographer understands weather, illness, or other reasons may cause The Client to reschedule a session. The Client will not be charged a penalty rescheduling a session provided at least a 24 hours’ notice is given. The Client may reschedule the session, at the convenience of The Photographer, without being charged a fee. No show or rescheduling within 24 hours will incur a $50 reschedule fee at the discretion of The Photographer. The Photographer will make every effort to spend the necessary time, including on multiple days, at the convenience of The Photographer. The Photographer may reschedule without penalty. Completion of processing and edits of a photography session may take four (4) weeks for delivery. 

TRAVEL 

Travel within the Auckland Metropolitan area (excluding Waiheke) is included in the session fee. A travel fee for sessions outside of the city may be added to the cost of the contract. Travel fees are based on mileage to and from the location and may change as necessary. I will charge for travel after 20 Km of gas and tolls. Unless travel is provided. All travel fees must be prepaid.

DIGITAL IMAGE AND PRINTS TERMS OF USE 

The Client may not reproduce the album or files in any way. Additional copies may be purchased for a fee. The album is only for the owner (the paying client) to print photographs (as noted in the release). The Client may not edit the photographs in any way. This includes, but is not limited to, removal of watermarks, cropping, or using filters. Printed photograph quality will depend on where it is printed. Only prints printed through The Photographer will be guaranteed for colour and quality. The Client may print images at the professional photo lab of choice (excluding one-hour labs at super markets and pharmacies).  

Photographs may not be entered in photo contests without expressed permission from Photographer. An additional fee may be required for use.  

Digital album downloads will be removed after thirty (30) days. A fee will be charged to repost digital album downloads.

RELEASE AND WAIVER OF LIABILITY  

I, HAVING AGREED TO ACT AS A MODEL, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organisers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: 

  1. I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS:  Aaron Parker and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers; 

  2. I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.  

  3. I acknowledge that Photography by Aaron Parker and their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Aaron Parker Photography. 

  4. I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.  

  5. I understand that at this event or related activities, I may be photographed.  

  6. I acknowledge that flash photography or strobe lights may be used during this event or activity. 

  7. I agree to allow my photo, video, or film likeness to be used for legitimate purpose by the event holders, producers, sponsors, organisers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. 

  8. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. 

 PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old): 

The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

Limitation of Liability

While every reasonable effort will be made to produce and deliver outstanding photographs from The Shoot, The Photographer(s)’ entire liability to The Client for any claim or loss arising from The Photographer(s)’ performance is limited to a refund to The Client of the amount paid for services. The Photographer(s) cannot guarantee delivery of any specifically requested image(s) except for images made under such conditions that The Photographer(s)  have complete control over all variables which contribute to the production of an image, including but not limited to, lighting, time, subject position and distance to camera. The Photographer(s) have the right to refuse to produce any image that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage or property damage or destruction. Additionally, The Photographer(s) cannot be responsible for the effects of the subjects’ physical appearance, including body position, facial expressions, blinking or clothing. The Photographer(s) cannot be responsible for the effects of environmental conditions, including, but not limited to, weather conditions, temperature, existing lighting or aesthetics of the shoot location. In the unlikely event of personal illness, injury or other circumstances affecting the Personnel (named) that are beyond the control of The Photographer(s), substitute Personnel of high qualifications, subject to acceptance by The Client prior to The Shoot, may be sent to fulfil the obligations of the Personnel named. In such case that The Client declines the substitute Personnel, The Client may instead terminate this agreement and receive a full refund of all moneys paid.