Terms & Conditions of Engagment
1. BOOKING FEE
Booking fee is required to be paid at the time of the booking. The booking fee is non-refundable and it’s used to hold and secure a date and time of the session for the client. When the booking fee is not paid and the contract is signed and returned within 48 hours, the booking is not confirmed.
2. PAYMENT
Digital portraits and products will be available for the client to purchase on the Onlne Gallery viewing and
ordering appointment 7 working days after the session and need to be paid within 48 hours of the invoice
being issued to complete your purchase. When the payment of the Digital portraits and/or products is not
completed in the time frame stated above, the order is considered void, and a $50 administration fee will
be charged to re-order
2.2 PAYMENT-BUNDLE DEALS
When a bundle deal of 2(two) or more sessions is purchased, the full payment of all purchased sessions must be made a week prior to the first scheduled session date. If the client decides not to proceed with further sessions after the first one is completed, the photographer will refund the difference between the full session price and bundle deal payment. Any discount given will not apply.
3. LOCATION
Outdoor sessions will take place at the location agreed upon with the client, while newborn sessions will be done at either at photographer's studio, located at 15 Te Wiata Place, Avondale or at client's home
4. ARRIVAL TIME
Elia Making Memories will wait approximately 15 minutes before determining the session as a no-show. Coming late to your session will result in less time allotted for your session and resulting in fewer images & setups or poses available
5. CANCELLATION/POSTPONEMENT OF THE SESSION
It is the client’s responsibility to inform the photographer to reschedule 48 hours prior to the session. Elia Making Memories will make every effort to reschedule if there are no other sessions scheduled. You may only reschedule once before your session will be canceled or an additional booking fee will be required to be paid.
6. POSTPONEMENT DUE TO WEATHER
Elia Making Memories will be following the weather forecast before the session date and will get in touch with the client at least 24 hours in case of a bad weather prognosis on the scheduled date. In case of bad weather, the session will be postponed to the next available date that suits both parties.
7. SICKNESS/HEALTH
The client must inform the photographer if any family member is sick. In case when a client is not following the healthy instructions and appears sick to the session, Elia Making Memories reserves the right to cancel the session, without any financial or other obligation to the client. Elia Making Memories is working closely with the Government's instructions to insure safe operation. In case of sickness or close contact Covid case, the photographer will inform the client and the session will be postponed to the next suitable and available date.
8. LIMITED LIABILITY
In the unlikely event that the photographer from Elia Making Memories is unable to perform to the guidelines of this contract due to an injury, illness, act of God, the act of terrorism, or other cause beyond the control of Elia Making Memories then Elia Making Memories will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the scheduled photography session. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Elia Making Memories' control, including but not limited to camera, hard drive, or equipment malfunction, Elia Making Memories' liability is limited to the return of all payments received for the photography session. Elia Making Memories is not liable for the loss of images after the final delivery to the client, of all products included in the package.
9. STORAGE OF THE PHOTOS
It is the client's responsibility to save, store and secure all the digital files received on the date stated by the photographer to avoid the loss of the files. Elia Making Memories is not liable to store the digital files once the final delivery to the client has been made. In a situation where Elia Making Memories is asked by the client to re-send the files, after the archival date, a $100 Un-archival fee will be required to be paid.
10. COMPLETION OF PROOFS
The client understands that under normal circumstances portrait proofs will be available within 7 business days after the date of the photography session. Proofs shall be made available online through a private gallery. Under normal circumstances, there will be a minimum of 30 images to choose from. The client has 4 days to select their final images from the gallery. Once the selections are made the images will then be edited to reflect the photographer's current portfolio. Final edits will be delivered to the client within 7-10 working days after the final selection has been made by the client.
11. RE-SHOOTS/REFUNDS
Re-shoots and Refunds are determined at the discretion of Elia Making Memories. Re-shoots or refunds will not be given for poor choices of clothing, make-up, hair, or weather-related issues, non-cooperation from any of the parties involved, or by not following the recommendations of the photographer.
12. NOTICE OF COPYRIGHT:
The Photographer shall own the copyright on all images created. The client is not allowed to screenshot, print, or share images provided in the proof gallery.
13. USE OF IMAGES
Once the final payment is made, the Client is allowed to use and print the photos for personal use only. In a situation where the client is wanting to use or print photos for commercial purposes, the client must obtain written permission from the photographer.
14. CLIENT PRIVACY
Elia Making Memories will keep all the personal information provided by the client confidential and will use them exclusively for session purposes unless agreed otherwise.
15. MODEL RELEASE
The photographer has the unrestricted right to display photographs of the client, including in photographic competitions, advertising, and promotion of the photographer’s work, and in display in public spaces. This condition will be overruled if the client expresses that they wish their images to stay private.
16. DAMAGE TO THE PHOTOGRAPHERS PROPERTY OR EQUIPMENT
The client will be responsible for any damage caused to the photographer’s property that arises from misuse or destructive behavior. General wear and tear is not the responsibility of the client. Damage that is incurred by the client or accompanied persons will be charged to the client to the value of replacement or repair of the damaged property. The client assumes the responsibility of accompanying persons, including guests and children bought to the session.
17. POSING AND SAFETY
The photographer has completed the safety and educational training to assure that the session will be done safely. Elia Making Memories does not guarantee any specific poses to be made and does not copy or recreate images from other photographers. Please refer to Elia Making Memories portfolio for available posing & inspiration
18. MODIFICATIONS
If the client has a request for a small alteration of an image, please let the photographer know before confirming your final selection of the images. The photographer can address minor changes at no cost (fix blemishes, light skin smoothing, tighter crop, etc.), but more involved requests are billed at $50/hr. Elia Making Memories will let the client know if there will be extra charges before work begins. The final postproduction editing styles, effects, and overall look of the images are left to the discretion of Elia Making Memories Photography. At all times, the client or any other person than the photographer is NOT allowed to crop, change the color, light, or do any other alternation of the images provided by the photographer.
19. ADDITIONAL FAMILY MEMBERS
All the collections include the Immediate family ONLY and do not include an extended family. If any additional family members or friends do wish to attend the session, the notice must be given to the photographer at least 48 hours prior to the session and there will be an additional fee of $50 per person charged.
