1. LICENCE GRANTED TO CLIENT

• The copyright in all Photographic/Videographic Works resulting from the Booking or Order remains the property of Sky High Photography.
• Sky High Photography does not accept commissions to create Photographic/Videographic Works.
• Sky High Photography and the Client have agreed by these standard terms to override section 21(3) of the Copyright Act 1994.
• Sky High Photographygrants the Client a non–exclusive Licence to use those parts of the Photographic/Videographic Works selected by the Photographer/Videographer and presented to the
• Client, however this Licence does not include the right to copy, reproduce or publish the Photographic/Videographic Works or any part of the Photographic/Videographic Works. The Client may license any or all of the Photographic/Videographic Works from Sky High Photography’s selection.
• The Client acknowledges that the purpose of the creation of the Photographic/Videographic Works includes the right of Sky High Photography to:

(a) Enter the Photographic/Videographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and

(b) Advertise or otherwise promote Sky High Photography’s Work; and

(c) Submit the Photographic/Videographic Works for display at art galleries or other premises; and

(d) Use the Photographic/Videographic Works for any other purpose within Sky High Photography’s business activities.

3. CONDITIONS OF LICENCE

• This Licence to use, and the right to use, the Photographic/Videographic Works comes into effect from the date of delivery providing full payment is to be made with 30 days of invoice of the Order, except where Sky High Photography gives express written permission.

4. MORAL RIGHTS

• Sky High Photography asserts his or her moral rights in respect of the Photographic/Videographic Works and any reference to the Photographic/Videographic Works shall be accompanied by full attribution to the Photographer/Videographer in a form to be approved by the Photographer/Videographer.

5. PRIVACY AND PERSONAL INFORMATION

• Sky High Photography shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.

6. PAYMENT

• The Client shall pay Sky High Photography within 30 days of invoice.

7. INDEMNITY

• The Client undertakes to indemnify Sky High Photography for any loss, damage, or expense (including costs as between solicitor client basis) suffered or incurred as a result of any breach by the Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purposes of these terms and conditions.

8. CANCELLATION OR POSTPONEMENT OF BOOKING

• Where the Client cancels or postpones a Booking appointment, the Client must pay, at the Sky High Photography’s discretion, the amounts that have already been invoiced or are due as outlined on the Booking agreement, regardless of whether the appointment is attended or not.
• Where a booked appointment involves more than one person, it is the Client’s responsibility to ensure that everyone required arrives at the appointment on time.
• Failure of any person to arrive at the appointment on time will result in, at Sky High Photography’s discretion, cancellation or postponement. The Booking appointment and any fees paid prior to cancellation or postponement of the appointment are transferable to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not changed.

9. CLIENT CONFIDENTIALITY

• The Client must advise Sky High Photography as to whether any material or information communicated to him/her is of a confidential nature. Sky High Photography will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonably necessary to enable Sky High Photography to carry out his/her obligations in relation to the Booking or Order.

10. INDEMNITY FOR BREACHES OF INTELLECTUAL PROPERTY

• The Client shall fully indemnify Sky High Photography in respect of any claims, costs, or expenses arising out of any illegal or defamatory Photographic/Videographic Works produced for the Client or any infringement of an intellectual property right of any person.

11. FILES

• The client will receive full resolution colour corrected files edited by Sky High Photography. No RAW files would be given unless there is an agreement prior to the event.

12. IMPORTANT NOTICE – CONSUMER GUARANTEES ACT 1993

• The Consumer Guarantees Act 1993 may apply to the licensed Photographic/Videographic Works provided by the Photographer/Videographer if the Client acquires those licensed Photographic/Videographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in these Standard Terms will limit or exclude the Client’s rights under this Act.
• If the Client is acquiring the licensed Photographic/Videographic Works for business as defined by the Act, then the Client’s rights are subject to these standard terms only and the Consumer Guarantees Act 1993 shall not apply. In this case the Photographer/Videographer may grant a separate licence under the Standard Terms for Commercial Photography. and any other meeting where the Photographer/Videographer has set aside specific time to meet with or do work for the Client.
• Licence: Is a right granted by the Photographer/Videographer to the Client to use the copyright works of the Photographer/Videographer on the terms set out above.

13. PHOTOGRAPHER/VIDEOGRAPHER NOT LIABLE FOR LOSSES

• Except as provided for by the Consumer Guarantees Act 1993 Sky High Photography shall not be liable for:

(a) Any loss or damage arising by reason of any delay in the completion of the Photographic/Videographic Works; or

(b) Any loss of profits; or

(c) Any indirect or consequential loss of whatever nature; or

(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 the Photographer/Videographer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Photographer/Videographer.

14. LIABILITY OF SKY HIGH PHOTOGRAPHY LIMITED

• Sky High Photography’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by Sky High Photography, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.

15. ORDER MAY BE TERMINATED ON NOTICE

• Effective termination of the Order by the Client must be in writing and give reasonable notice to Sky High Photography. The Client must compensate Sky High Photography for all amounts due in accordance with the Order Agreement (including the proportion of the Order that has been completed at the date of termination). Upon receipt of such notice from the Client, Sky High Photography must take immediate steps to bring the photographic services to a close.

16. FORCE MAJEURE

• Neither the Client nor Sky High Photography shall be liable for any loss or damage arising directly or indirectly due to an act of God, fire, armed conflict, labour disputes, civil commotion, intervention of a government, accidents, interruption to transportation, weather or any other cause outside Sky High Photographys control.

DEFINITIONS

• Photographic/Videographic Works: Includes photographic prints, transparencies, negatives, digital images, video created by Sky High Photography.
• Photographer/Videographer: Means Sky High Photography and where the context requires may include, the studio, photographic company, employees or sub-contractors.
• Client: Means the client who has engaged the services of Sky High Photography .
• Order: Includes an order placed by the Client for the production of Photographic/Videographic Works, an invoice or statement.
• Booking: Includes appointments made for a sitting, viewing and any other
• meeting where the Photographer/Videographer has set aside specific time to meet with or do work for the Client.
• Licence: Is a right granted by the Photographer/Videographer to the Client to use the copyright works of the Photographer/Videographer on the terms set out above.