1. Engagement of Photographer

1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”) in connection with the portrait session (the “Portrait Session”).

As part of the Services, the Photographers will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still or moving, created by the Photographers pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.

1.2 Exclusivity. Client acknowledges and agrees that the Photographer and Videographer will be the exclusive provider of the Services in the Portrait Session, unless otherwise agreed to by the parties in writing.

2. Fees and Payment

2.1 Fees. The Client will pay Marty Brown Portraiture the fees set out that this agreement is connected to(“Fees”).

2.2 Retainer. Client acknowledges and agrees that if any retainer amount is set out, it is due upon acknowledging this Agreement and is not refundable (“Retainer”), so as to fairly compensate the Photographer and Videographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by Client.

3. Client Responsibilities

3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by the Photographers and, as applicable, from venues or locales where the Services are to be performed or from attendees of the Portrait Session.

3.2 Meals. The Photographers are human and will need to take a short meal break at an appropriate time of their discretion, and often it is difficult to purchase meals throughout the day; I ask that the Client kindly supplies one meal per Photographer or assistant if the event an event duration is longer than four hours. (Creativity works best when fed.)

3.3 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer and Videographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

3.4 Selection of Images for Pre-Purchased Items. The Client agrees to select and submit their chosen images for any pre-purchased items, including but not limited to albums, prints, or canvases, within two months from the date the Portrait Session gallery is delivered. The Photographer will make every reasonable effort to remind the Client of this selection period. If the Client fails to provide the selected images within this timeframe, the Photographer reserves the right to apply additional charges for product price increases if there are delays. This ensures that production and delivery of the pre-purchased items can be completed in a timely manner.

4. Photographer/Videographer Responsibilities

4.1 Equipment. Client will not be required to supply any photography/videography equipment to Photography team.

4.2 Manner of Service. The photographers will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities. 

4.3 Photography Staff. Photographer will, and will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services): 

Comply with the reasonable directions of Client from time to time regarding the safety of attendees at the Wedding and applicable health, safety and security requirements of any locations where the Services are provided; ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.
Photographer will be responsible in every respect for the actions of all Photography Staff.

4.4 Delivery Time Frame. Post-processing of images is generally completed within 2-3 weeks of the Portrait Mini Session date. During peak times this may be up to 4 weeks, with print products and deliverables arriving 2-5 weeks afterwards from date of Client approval. Please note that post processing will not begin until all invoices are paid in full unless arranged otherwise in writing.

For a Full Portrait Session - Post-processing of images is generally completed within 3-4 weeks of the Portrait Session date. During peak times this may be up to 6 weeks, with print products and deliverables arriving 2-5 weeks afterwards from date of Client approval. Please note that post processing will not begin until all invoices are paid in full unless arranged otherwise in writing.

For weddings - Post-processing of images is generally completed within 7-10 weeks of the Wedding date. During peak times this may be up to 12 weeks, with print products and deliverables arriving 2-5 weeks afterwards from date of Client approval. Please note that post processing will not begin until all invoices are paid in full unless arranged otherwise in writing.

5. Artistic Release

5.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

5.2 Style. Client acknowledges and agrees that:

Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style.
Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

6. Videography Details

6.1 Marty Brown Portraiture may film clients requested subject(s) during the Portrait Session.  If so, with the understanding that Client desires the following result(s) (desired results). This includes capturing key moments, candid shots, and highlights throughout the session.

6.2 Desired Results: Marty Brown Portraiture agrees to produce a quality short film. The film will be a professionally edited compilation, capturing the essence and emotions of the session showing highlights with licensed music.

6.3 Intention: Marty Brown Portraiture will make a good faith effort to achieve desired results. However, the Videographer will maintain ultimate discretion and control over the Session. The Videographer will use the equipment that the Videographer finds appropriate to capture what the videographer finds appropriate. The desired results are limited by the terms of this Agreement.

6.4 Branding: The Client grants Marty Brown Portraiture the right to use excerpts from the final film for promotional purposes, including but not limited to Marty Brown Portraiture's portfolio, website, and social media. It is understood that recorded footage can be used for social media, and company archives.

6.5 Wet Weather: The Videographer is free to stop filming if there is a chance of rain to protect sensitive equipment.

7. Term and Termination

7.1 Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).

7.2 Cancellation. The Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 7 days before the original date of the Portrait Session (the “Minimum Notice”). The Client acknowledges and agrees that the Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article 7 is duly provided or unless the parties otherwise agree in writing.

7.3 Rescheduling. In the event of Rescheduling, the Photographer will use commercially reasonable efforts to accommodate Client’s change. If the Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Portrait Session.

7.4 Replacement. In the event that Photographer is unable to perform the Services, the Photographer, subject to the Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Deposit and all fees paid by the Client, and thereafter shall have no further liability to the Client.

7.5 For Portraits Agreements - No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client.

7.6 For Portrait Agreements - Late Arrivals. In the event that the Client arrives late to the Portrait Session, the amount of time late may be deducted from the time allotted for the session. Marty Brown Portraiture will not provide a refund or other compensation for the time deducted from the session due to late arrival of the Client.

8. Ownership of Work Product by Photographer/Videographer

8.1 Ownership of Work. Photographer and Videographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees at the Portrait Session) hereby grants Photographer and Videographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Portrait Session Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s and Videographer's services, including in connection with the Photographer’s and Videographer's studios, portfolios, websites or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer and Videographer from using Portrait Session Materials as provided herein.

8.2 Videography Film. Marty Brown Portraiture retains the copyright to all footage and the final Portrait Session film. The Client is granted a personal, non-commercial license to use and share the film for personal purposes.

9. Limited License to Client

9.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos and video on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

10.  Indemnity and Limitation of Liability

10.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

10.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the date of termination of the Agreement.

10.3 Failure to Deliver. The Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees at the Portrait Session that are beyond the control of Photographer (e.g., camera flashes).

10.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

11. General

11.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following method of Email Delivery at the date and time which the Notice is sent. 

11.2 Survival. Articles 8, 9 10 and 11 will survive termination of this Agreement.

11.3 Governing Law. This Agreement will be governed by the laws of NEW ZEALAND

11.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

11.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.