Kong Studios Wedding Photography


Terms and Conditions


Terms and Conditions All items displayed in this website and the product of Kong Studios Wedding Photography are licensed under Creative Commons CC-BY-ND 3.0 NZ which may be reproduced with attribution for Commercial Purpose with no derivatives unless agreed by Kong Studios Wedding Photography

1. The following words or expressions have being defined as: "the Photographer" is Kong Studios Wedding Photography and any contractor employed by Kong Studios Wedding Photography "the Customer" is the person identified as the customer receiving the service on the invoice "Invoice" means a form completed by the Customer by which the Customer instructs the Photographer to create Material. "Material" means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer. "Price" means the price on the Invoice as agreed between Kong Studios Wedding Photography and the Customer.

2. Any work of any description undertaken by the Photographer shall be subject to these Terms and Conditions.

3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer's rights in the Material

3.1 specifically set out in these Terms and Condition or

3.2 may otherwise be agreed by the owner of Kong Studios Wedding Photography in writing with signature.

4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Invoice. Any time quoted will be measured up to the amount stated. Unused time will not be refunded nor credited to future services.

4.2 In consideration of the Photographer's agreement in paragraph

4.1 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.

5. An Invoice shall be subject to the following provisions:

5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.

5.2 In the event of a cancellation of an Invoice by the Customer the Photographer shall in any event be entitled to retain the deposit paid and/or agreed.

5.3 The Photographer shall be entitled to agree to regard any Invoice that is not evidenced in writing as invalid.

5.4 The Photographer licences the Customer to utilise the Material produced as a result of the Customer's Invoice to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.

5.5 Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise any Material by the Customer for the advertising, marketing and promotion of the Photographer's business.

5.6 The Photographer shall be entitled to sub-contract his obligations at his discretion.

5.7 The Photographer shall be entitled to use his judgment regarding the style and artistic input in the production of Material. Discrepancy from the Customer after the Material has being produced will not be considered. Quality is defined by the photographer and not the client as artistic discrepancy can not be measured.

5.8 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Invoice where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. In the unlikely event that the photographer is unable to perform to the guidelines / invoice of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the photographer, the photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event / invoice. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the photographer liability is limited to the return of all payments received for the event / invoice.

5.9 Pre-payment for the Invoice is required before any Material are produced and before the event. The Photographer can refuse to produce Material at any time if payment has not being made prior to date of required service. 5.9.1 Any licence granted by the provisions of paragraph

5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.

6. TFP (Time for Photo, Time for Prints, Time for CD / DVD.. etc) where No Money Exchange Hands arrangement Kong Studios Wedding Photography will make best efforts to deliver the photography without obligation. This is fair in regards to Kong Studios Wedding Photography having no control over model's hair, makeup and condition.

8. Travel is determined by the photographer. It is reasonable that the photographer's travel within Wellington City is free of charge to the client. Inter-city travel will be charged accordingly if applicable it will be stated on the invoice at the photographer's resonalble discretion.

7. Any deviation from the above Terms and Conditions shall only be valid if noted on the invoice signed by the client and the photographer in agreement.