Terms & Conditions

This agreement is between Dice Sales (hereafter “THE PHOTOGRAPHER” or “PHOTOGRAPHER”) and you (hereafter referred to as “CLIENT”).

  1. Scope of Work. PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location, which will be confirmed 7 days prior to the photoshoot. Refer to the invoice for details regarding products, inclusions, and fees.

  2. Retainer and Payment. Upon your signature, PHOTOGRAPHER will reserve the time and date agreed upon and will not make other reservations for that time and date. The CLIENT shall make a non-refundable retainer to the PHOTOGRAPHER to perform the services specified in the invoice.

    Upon payment, PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for CLIENT. The full amount, plus any agreed upon additional travel fees, must be paid at least 7 days prior to the date of the PHOTOSHOOT. No services will be rendered until full payment is made. In the event that payment is dishonored after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received.

  3. Work Product. All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than 4 weeks after the shoot date. Optional ‘Teaser’ photos will be sent to the CLIENT 2-4 days after the event or session. Photos will be delivered as high-resolution JPEG files in an online gallery or USB flash drive. RAW files will not be provided. When the online gallery is delivered, it shall remain open for 30 days from the delivery date. Requests for additional photographs or changes to images shall be made within 30 days following the delivery of the online gallery. Be advised that photos may be deleted at any time after the online gallery has closed. The CLIENT may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form, including for the purpose of being submitted to contests, reproduced for commercial use, or in any other form other than as provided for in this agreement or with the express written license of the PHOTOGRAPHER.

  4. Rescheduling/Late Arrivals

    4.1 In the event that the CLIENT requests to reschedule its session on account of illness, emergency, act of God, or any cause outside its control, the retainer will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled PHOTOSHOOT (or reasonable notice in the case of an emergency).

    4.2 Requests to reschedule by CLIENT for any reason other than a reason under clause 4.1 is at the discretion of PHOTOGRAPHER.

    4.3 An additional NZ$50 rescheduling fee must be paid by the CLIENT for each rescheduling request, and PHOTOGRAPHER will be entitled to retain all amounts paid under this contract until the rescheduled PHOTOSHOOT.

    4.4 The rescheduled session must be within 2 weeks of the original session date (or a longer period as agreed by PHOTOGRAPHER and CLIENT in writing) and is subject to the availability of PHOTOGRAPHER. Any CLIENT that is late arriving to the session will have the remaining amount of time allotted for the session. All additional time beyond the scheduled end time will be billed to the CLIENT.

  5. Cancellation. If CLIENT cancels this agreement giving less than 24 hours notice prior to the date of the PHOTOSHOOT or fails to show on time, all payments made to PHOTOGRAPHER will be forfeited and released to PHOTOGRAPHER unconditionally. If CLIENT cancels this agreement more than 24 hours prior to the PHOTOSHOOT, the non-refundable retainer will be forfeited, and no further payments will be due.

  6. Indemnification.

    6.1 PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment, pose, or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER, including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, and restrictions of the locations.

    6.2 Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, the PHOTOGRAPHER is not responsible under this agreement for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.

    6.3 If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God, or any cause outside its control, PHOTOGRAPHER will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract if the PHOTOGRAPHER is unable to perform services. PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this PHOTOSHOOT if a substitute photographer cannot be found. If the fees to be charged by the substitute PHOTOGRAPHER exceed the fees payable by CLIENT under this contract, CLIENT will be entitled to elect either to engage the substitute photographer (in which case, CLIENT shall be liable for any additional fees charged by the substitute photographer) or to require PHOTOGRAPHER to return in full all payments in accordance with subparagraph 2 above.

    6.4 PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.

    6.6 CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this PHOTOSHOOT 30 days after the online gallery has been delivered to CLIENT. CLIENT will have 30 days after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem, or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 30-day term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits, or re-shoots. Re-edits after this term may be made by PHOTOGRAPHER if requested by CLIENT, but the hourly fee of NZ$60 per hour plus GST for retouching will be billed with a minimum of one hour required.

    6.7 CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER).

    6.8 CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity, or any other legal, equitable, or statutory remedy arising from or in connection with this agreement.

    6.9 PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the CLIENT.

    6.10 The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.

    6.11 PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the PHOTOGRAPHER experiences inappropriate, threatening, hostile, or offensive behavior from anyone at the PHOTOSHOOT, or in the event that the safety of the PHOTOGRAPHER is in question. If PHOTOGRAPHER leaves the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to CLIENT but will be obliged to provide CLIENT with photographs taken by PHOTOGRAPHER prior to PHOTOGRAPHER leaving the PHOTOSHOOT.

  7. Timeline and Schedule

    7.1 The CLIENT agrees to confirm the schedule 1 week prior to the PHOTOSHOOT. Notification of any changes in schedule or location must be made in a timely manner, and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. The PHOTOGRAPHER is not responsible for creating or managing the timeline on the day. If the PHOTOGRAPHER must stay over the agreed number of hours, an additional fee of NZ$320 per hour, per photographer will be charged to the CLIENT.

    7.2 On the day of the PHOTOSHOOT, the CLIENT must provide PHOTOGRAPHER and the PHOTOGRAPHER’s assistant with meals at the same time as the bridal party.

  8. Permissions and Permits. CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. The PHOTOGRAPHER has no duty to obtain permission from reception centers, churches, buildings, properties, national parks, or other locations. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the PHOTOGRAPHER from photographing the PHOTOSHOOT, is not the fault, liability, or responsibility of the PHOTOGRAPHER, and CLIENT will be responsible for the payment of any fines and must also indemnify and keep PHOTOGRAPHER harmless from any liability resulting from CLIENT’s failure to obtain such permission. CLIENT is responsible for obtaining written proof of permissions where applicable and should provide a copy to PHOTOGRAPHER if requested.

  9. Exclusive Photographer. CLIENT agrees that PHOTOGRAPHER will be the sole professional photographer for the PHOTOSHOOT. While family and friends are welcome to take photos at the event, CLIENT agrees that it is their responsibility to ensure that no guest interferes with the PHOTOGRAPHER’s duties. PHOTOGRAPHER is not responsible for any shots missed due to interference from other cameras, phones, or flashes. Any guest who insists on photographing poses arranged by the PHOTOGRAPHER does so at the discretion of the PHOTOGRAPHER.

  10. Copyright and Model Release. PHOTOGRAPHER retains all copyrights to all images created during the session or event. The CLIENT is granted permission to make prints from the images for personal use only. The CLIENT must obtain written permission from PHOTOGRAPHER prior to publishing or selling the photographs. The CLIENT hereby assigns irrevocable and unrestricted rights to PHOTOGRAPHER to use and publish photographs of the CLIENT or in which the CLIENT may be included for editorial, trade, advertising, and any other commercial purpose related to the PHOTOGRAPHER’s business.

  11. Social Media and Personal Use License.

11.1 CLIENT may share web/blog post links and social media albums through the use of the share functions and direct links. CLIENT must not screenshot, edit, or alter images in any way, including the use of Instagram filters or any other photo manipulation apps/software.

11.2 CLIENT may post photos on social media sites with reference to the PHOTOGRAPHER and must give photographic credit to “Dice Sales Photography” or “Photographer: Dice Sales” in the main caption of the photos or album set.

12. Pricing & Additional Products.

12.1 All prices are subject to change at any time but will be honored for sessions that have been booked with a retainer paid.