Terms of Engagement

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Twisted Willow Studio

Standard Photographic Terms & Conditions of Engagement

1. Instructions Must Be in Writing

1.1 The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed in writing.

2. Licence Granted to Client

2.1 Except as may be expressly provided in the Agreement, the copyright in all Photographic Works resulting from the Booking/Order remains the property of the Photographer. The Photographer does not accept commissions to create Photographic Works. These terms override section 21 (3) of the Copyright Act 1994.

2.2 The Photographer grants the Client a non-exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client. The Licence includes the right (if any) to reproduce and publish the Photographic Works for the purposes, territories, and time periods specified in the Booking/Order, subject to these terms and conditions. The Client shall have the right to seek further Licences for use or reuse of any Photographic Works, which shall not be unreasonably refused by the Photographer but is subject to agreement of a reasonable fee for that Licence.

2.3 If the Photographic Works have been produced for an Advertiser named in the Agreement, the Photographic Works may only be used by the Advertiser. The Client must ensure that the Advertiser complies with the Client’s obligations and all other terms and conditions of the Agreement.

2.4 The Client acknowledges that the Photographer always retains the right to use the Photographic Works in any manner at any time and in any part of the world for the purposes of:
a) Entering 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) Advertising or otherwise promoting the Photographer’s work, including through the use of social media;
c) Submitting the Photographic Works for display in art galleries or other premises; and
d) Using the Photographic Works for any other purpose within the Photographer’s business activities.

3. Conditions of Licence

3.1 This Licence to use, and the right to use the Photographic Works, commences from the date of full payment of all amounts owed to the Photographer in relation to the Photographic Works and the Agreement, except where the Photographer gives express written permission.

3.2 This Licence must not be assigned to any third party without the Photographer’s prior written permission (which shall not be unreasonably refused), but may be sublicensed by the Client to the Advertiser named in the Agreement (if any) on the same terms and conditions of this Licence (excluding any further right to sublicense).

3.3 The Client is entitled to:
a) Manipulate, distort or make other alterations to the Photographic Works (including overprinting by text or other Photographic Works), unless this right is expressly excluded in the Agreement; and
b) Use only a portion of the Photographic Works.

3.4 Copyright in any new Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Works shall remain with the Photographer and shall be licensed to the Client on the same terms and conditions of the Agreement.

3.5 Any breach of the Agreement by the Client (or by the Advertiser, with the Client’s knowledge) which results in damage to the professional reputation of the Photographer, entitles the Photographer to compensation from the Client for that damage in addition to any other remedies available to the Photographer.

4. Assignment of Copyright

4.1 Where the Agreement specifies that copyright in the Photographic Works is assigned to the Client in consideration for the Client’s payment for those Works:
a) The Photographer assigns to the Client copyright in the Photographic Works from the date of full payment of all amounts owed;
b) It is the responsibility of the Client to obtain all model releases, moral right waivers, and privacy waivers necessary for the use of the Photographic Works;
c) The Client agrees to indemnify the Photographer in respect of any loss, claims, damages, or expenses incurred arising from any use of the Photographic Works; and
d) The Photographer retains the rights described in clauses 2.4 and 5 of these terms.

5. Moral Rights

5.1 The Photographer asserts moral rights, including attribution rights, in respect of the Photographic Works (unless expressly waived in the Agreement in writing). Each use of any Photographic Work by the Client must be accompanied by an adjacent credit line acknowledging the Photographer’s name and copyright in the Photographic Works in the form specified in the Agreement, or if not so specified, in a form approved in writing by the Photographer.

5.2 If the Client fails to provide the attribution described in clause 5.1, the Client shall be liable to pay a non-attribution fee calculated at 200% of the Photographer’s fee.

6. Data Preservation

6.1 The Client’s right to use the Photographic Works does not include the right to remove, alter, or otherwise affect any rights information accompanying or relating to the Photographic Works, including metadata.

6.2 The Client shall not defeat or attempt to defeat any restrictions on access or use of the Photographic Works.

7. Storage and Backups

7.1 The Client is responsible for the storage and backup of the Photographic Works. The Photographer will not be liable for loss or inability to reproduce the Photographic Works unless previously agreed.

8. Privacy and Personal Information

8.1 Personal information may be collected for communicating with the Client, arranging third-party services, and direct marketing purposes.

8.2 The Client authorizes the Photographer to collect, retain, use, and disclose personal information for these purposes.

8.3 The Client may access and request correction of personal information by contacting the Photographer.

9. Payment

9.1 The Client shall pay the Photographer as per the Booking/Order and Agreement. Deposits may be required. Payment of all other amounts is due within 7 days of invoice unless specified otherwise.

10. Job-Related Costs

10.1 The Client shall reimburse all Job-Related Costs incurred on their behalf.

10.2 Such costs remain the property of the Photographer unless otherwise specified in the Agreement.

11. Urgent Work

11.1 Where urgent work is required, the Photographer is not liable for losses arising from inability to re-shoot or correct the work.

12. Changes to the Estimate

12.1 Estimates are not firm quotations. Any increase of 10% or more must be communicated to the Client.

13. Overdue Payments

13.1 Interest of 2.5% per month may be charged on overdue amounts. Debt collection and legal costs will also be payable by the Client.

14. Cancellation

14.1 Cancellation must be in writing and fees apply based on notice period:

• Within 1 working day: 100% of fees

• 1–3 working days: 50% of fees

• 3 days–1 week: 25% of fees

14.2 Job-Related Costs are still payable.

15. Postponement

15.1 Postponement fees apply:

• Within 1 working day: 50% of daily fee

• More than 1 working day: 25% of daily fee

16. Weather Conditions

16.1 Weather-permitting shoots must be agreed. Fees apply for postponement due to weather. Client is responsible for weather insurance.

17. Work Suspended on Client Instructions

17.1 Client must pay for all work in progress and Job-Related Costs during suspension.

18. Responsibility for Contractors

18.1 Client is responsible for payments to contractors and obtaining model releases.

19. Client Property and Materials

19.1 Client property supplied to Photographer is at Client’s risk. Photographer may charge for handling or storage. Materials may be disposed of after 6 months if no instructions are given.

20. Client Confidentiality

20.1 Client must inform Photographer of confidential material. Photographer will maintain confidentiality except where disclosure is reasonably necessary.

21. Indemnity

21.1 Client indemnifies Photographer against loss or expense arising from breach of the Agreement, illegal or defamatory works, or intellectual property infringement.

22. Colour Variation

22.1 Photographer is not liable for colour variations or fading over time in prints or materials.

23. Quality of Photographic Works

23.1 Photographer will rectify technical defects. Artistic interpretation is deemed accepted if Client’s representative is present. Disputes may be referred to the chief executive of a recognised photographic association.

24. Consumer Guarantees Act 1993

24.1 The Act may apply if Photographic Works are for personal/domestic use. Business use is excluded.

25. Photographer Not Liable for Losses

25.1 Except as per Consumer Guarantees Act 1993, Photographer is not liable for delays, loss of profit, indirect or consequential loss, or errors arising from misinterpretation of instructions.

26. Liability of Photographer Limited

26.1 Liability is limited to the full value of payments made under the Agreement.

27. Health and Safety

27.1 Client is responsible for their own safety and must follow reasonable directions from the Photographer.

28. Force Majeure

28.1 Neither party is liable for events beyond their control including natural disasters, strikes, government intervention, or technical failures.

29. Dispute Resolution

29.1 Disputes must be raised in writing and parties must attempt good faith negotiations before litigation.

30. Conflicts

30.1 Booking/Order terms override these standard terms where inconsistent.

31. Governing Law

31.1 Terms are governed by New Zealand law. Clients submit to the exclusive jurisdiction of New Zealand courts.

32. Entire Agreement

32.1 Booking/Order, these terms, and any agreed special conditions form the entire Agreement.

Definitions

Advertiser: End user of Photographic Works where produced via an intermediary.
Agreement: Booking/Order with these terms and any special conditions.
Booking/Order: Request for production, supply, or viewing of Photographic Works.
Client: Person or entity engaging Photographer.
Job-Related Costs: Costs incurred by Photographer on behalf of Client.
Licence: Right granted by Photographer to Client to use copyright works.
Photographic Works: Deliverable works specified in Booking/Order, including images, prints, video, and digital files.
Photographer: Photographer and their studio, employees, or subcontractors.
Price List: Photographer’s schedule of prices at the date of Agreement.

© 2025 Twisted Willow Studio

Any questions regarding the above Terms may be directed to:  twistedwillowstudio48@gmail.com