Terms and Conditions
The following Terms and Conditions are applicable for all services provided by Forever Photographics Limited, trading as ‘Laura Ridley Photography’.
Portrait Services Terms and Conditions
A $200 session fee (where applicable) is to be paid at the time of booking to secure the time and services of the Photographer.
When using a session gift voucher, or other offer of a free session, a $50 deposit is to be paid at the time of booking to secure the time and services of the Photographer.
The deposit will either be credited towards the clients order or refunded if no order is placed after attending a session.
The client may cancel a session for any reason with more than 48 hours notice and the session fee or deposit will be refunded.
If the client cancels a session, within 48 hours of the session, without a request to change the time / date, the client shall forfeit any session fee / deposit already paid.
If the client failed to attend a session, and the client does not re-book within 48 hours, the client shall forfeit any session fee / deposit already paid.
In the event of cancellation by Forever Photographics Limited, for any reason, Forever Photographics Limited will refund the session fee / deposit.
Change of session time / date
The client may request to change the agreed time / date of sitting and transfer the session fee / deposit. Forever Photographics Limited will try to accommodate a request however if Forever Photographics Limited cannot accommodate a time / date that is suitable to the client, the client shall forfeit any session fee / deposit already paid.
The client may not change the time / date or re-book a session more than once. The second session is considered final and if the client fails to attend, the client shall forfeit any session fee / deposit already paid.
The client should endeavour to notify Forever Photographics Limited of any changes as soon as possible.
Payment for Photographic Works is to due at the conclusion of your viewing session. No photographic works will be delivered until all payments due have been paid in full. Unpaid accounts will incur late payment fees and collection costs. Accounts that are 28 days overdue may be referred to a debt collection agency for collection.
Gift Vouchers cannot be used in conjunction with any other voucher or offer. Vouchers are not transferable and not redeemable for cash.
Delivery of photographic works can take up to 6 weeks.
Wedding Services Terms and Conditions
Forever Photographics Limited will take every possible care to produce photographs as requested by the client, however, we cannot place an unconditional guarantee on our wedding photography services. Without the controlled conditions of a photographic studio, and due to the nature of wedding photography, it is not always possible to capture precise moments because of dependent variables such as time constraints, client/guest interference, lack of co-operation, lighting conditions, and the weather.
The $500 booking retainer (and travel cost, if applicable) is to be paid at the time of booking to ensure we hold your date. In the event of the client cancelling the booking for any reason, this deposit is non-refundable and is considered a retainer to offset our loss in business. Once a client has made a booking and paid the deposit for a specific date, your specified photographer will not accept any other work from other clients for that date.
If the wedding is more than a 2-hour drive from Lower Hutt, a travel and accommodation fee will be added. This will be discussed at the time of booking.
The remaining balance is required to be paid on or before the wedding date. No photographic works will be sent to the client until their account has been paid in full. The client cannot cancel the booking on or after the day of the wedding and is liable for the full payment of the account. Once the clients account is paid in full, the products will be delivered to the client within the time frames specified in ‘Product delivery’.
Unpaid accounts will incur late payment fees and collection costs. Accounts that are 28 days overdue may be referred to a debt collection agency for collection.
The client may cancel the booking at any stage before the day of the wedding but, in doing so, shall forfeit any travel costs and booking deposit already paid.
In the unlikely event of cancellation by Forever Photographics Limited for any reason, at any stage, Forever Photographics Limited liability shall be limited to a full refund of any fees paid.
Forever Photographics Limited endeavour to offer the services of another professional Photographer in the unlikely event of cancellation by Forever Photographics Limited.
Change of dates
If the client changes the date of their wedding, they should endeavour to notify Forever Photographics Limited of the change as soon as possible. It should be noted that Forever Photographics Limited may have already accepted a booking for the alternative date. If the client changes the date and Forever Photographics Limited cannot accommodate this, the client shall forfeit any travel moneys and booking deposit paid.
Post-production editing, USB creation and delivery can take up to four weeks or from the date the clients account is paid in full or after the wedding (whichever is later). Once an album proof is accepted by the client delivery of an album can take up to a further six weeks after the acceptance of the album proof.
Before any wedding album is produced, Forever Photographics Limited will supply the client an electronic album proof for their acceptance and give them a reasonable opportunity to make any changes within the specifications offered by Forever Photographics Limited. Upon acceptance of the electronic album proof by the client, no further changes can be made to the album and the order cannot be cancelled.
Terms and Conditions for all Services
Copyright and Reproductions
The copyright in all Photographic Works remains the property of Forever Photographics Limited and the client shall be granted a non – exclusive license to use any photographic works they have chosen to purchase. Forever Photographics Limited and the Client agree to override section 21(3) of the Copyright Act 1994.
Where digital images of the Photographic Works are purchased the client is permitted reproduce, print and publish the Photographic Works. The License, and the right to use, the photographic works comes into effect from the date of full payment of the order.
Use of Photographic Works by Forever Photographics Limited
The client acknowledges that the purpose of the creation of the photographic works includes the right of Forever Photographics Limited to;
a) enter the photographic works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards
b) advertise or otherwise promote the photographer’s work
c) submit the photographic works for display at art galleries or other premises
d) use the photographic works for any other purpose within Forever Photographics Limited business activities
Forever Photographics Limited agrees to not use publish photographic works for the above purposes when a client objects for any reason. The client should notify Forever Photographics Limited in writing of an objection to use photographic works for the above purposes prior to the creation of the photographic works, however the client may provide 7 days notice in writing to Forever Photographics Limited at any time after the creation of the photographic works.
Failure to Perform
If in the unlikely event Forever Photographics Limited cannot perform any agreed services due to any cause beyond our control including weather, illness, vehicle breakdown, camera or computer malfunction, data corruption, accidental deletion, then Forever Photographics Limited shall return any monies paid by the client, but Forever Photographics Limited shall have no further liability.
Except as provided for by the Consumer Guarantees Act 1993 Forever Photographics Limited shall not be liable for;
a) any loss or damage arising by reason of any delay in the completion of the Photographic Works
b) any loss of profits
c) any indirect or consequential loss of whatever nature
d) any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Client’s verbal instructions arising directly or indirectly from any breach by Forever Photographics Limited of any of its obligations or from any cancellation or from any negligence on the part of Forever Photographics Limited.
Privacy and Personal Information
The Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection. All electronic data (including photographic works) held by Forever Photographics Limited is encrypted, password protected (with 2-factor authentication) and only authorised persons have access.
We collect personal information from you, including information about your:
contact information and address
details of your wedding / portrait services required
interactions with us
billing or purchase information
We collect your personal information in order to:
provide photographic services
advertise and or promote our services
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us.
Retention of Photographic Works
We retain Photographic Works for up to five years in order provide a backup for the Client in case of loss, however we do not guarantee this service. Forever Photographics Limited shall have no liability if we are unable to retrieve digital photographs at any stage after fulfilling your order.
Forever Photographics agrees to securely delete photographic works within 7 days of receiving a written request from the client.