Definitions:
1.1. “Company” refers to Shutter and anyone working with Shutter directly as a service provider, contractor, or employee. The term “Company” also includes any future name changes, rebranding efforts, partnerships, or affiliations that may occur, as well as any associated entities, partners, or service providers that may be involved in delivering the content creation services described in this agreement.
1.2. “The Client” refers to any individual using our content creation services.

Agreement:
2.1. All photography & videography services are provided in accordance with the terms of service outlined here.

Quotations and Payment Terms:
3.1. All payments and fees specified in this agreement are in NZD.
3.2. No refunds will be offered under any circumstances.
3.3. If the Client misses payments on the automatic payment plan four times, the Company may cancel the shoot, and no refunds will be given.
3.4. The Client must continue making payments on the agreed payment plan until the Company receives the full payment.
3.5. In the event that the Client fails to make four payments on the automatic payment plan, even if the payment goes through on a subsequent attempt, they will have the option to pay off the remaining balance for the shoot in full within 3 days to secure their booking. If the Client pays the remaining balance within this time frame, the Company will continue with the shoot as planned, and the booking will remain secured. However, if the Client fails to pay the remaining balance within the specified time, the shoot will be canceled, and no refunds will be provided. Please note that a missed payment includes any failed attempt, whether the payment goes through on a subsequent attempt or not.
3.6. The Company reserves the right to accept other bookings if the Client has not secured the date(s) through payment or a signed agreement.
3.7. If any payments are missed, the Company will continue to attempt charging the client’s payment method for the outstanding amount(s) periodically. This includes not only the missed payments but also any new payments that become due according to the agreed payment plan. The Company will persist in trying to charge the client’s payment method for all outstanding amounts until the entire balance has been successfully paid. It is the client’s responsibility to ensure that sufficient funds are available on their payment method to cover all scheduled payments.
3.8. In case of multiple unsuccessful payment attempts, the client may experience multiple charges when the payment method finally has enough funds to cover the outstanding amounts.

$1 Booking Terms:
4.1. A booking fee of $1 secures your wedding date on our calendar. This fee is non-refundable.
4.2. Payment Plan Options
4.2.1. Payment Plan 1 (Three-Step Plan)

• Following the $1 booking fee, a follow-up payment of $399 is due within two weeks (14 days).
• This payment becomes non-refundable after this period.
• The final payment of $5,590 is due within two weeks (14 days) after the $399 payment.
• Once this payment is received, your booking is fully secured.
• If you cancel after paying the $1 but before the $399 payment, you forfeit only the $1.
• If you cancel after the $399 payment, that amount is non-refundable, and the shoot will be cancelled.
• This plan is only available for weddings booked at least 6 weeks in advance, as all payments must be completed at least 2 weeks before the shoot date.

4.2.2. Payment Plan 2 (Instalment Plan)

• Following the $1 booking fee, the remaining balance will be paid in 13 equal monthly instalments of $499.
• The first instalment of $499 is due 30 days after the $1 booking fee.
• Subsequent payments of $499 will continue monthly for the next 12 months, ensuring the full amount is paid at least 2 weeks before your wedding date.
• If you cancel after the $1 but before the first $499 payment, you forfeit only the $1 deposit.
• If you cancel after starting the instalment plan, any payments already made are non-refundable.
• This plan is available only for weddings scheduled at least 1 year from the time of booking.

Cancellation and Refund Policy:
5.1. Once any amount has been paid, no refunds can be offered under any circumstances.
5.2. In the event the Client is on a payment plan and cancels the shoot, no payments made will be refunded.
5.3. In the event of a force majeure event, which includes but is not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor strikes, or governmental actions, neither party shall be held liable for any failure or delay in the performance of its obligations under this agreement due to events beyond its reasonable control. The affected party shall promptly notify the other party, and both parties shall make good faith efforts to negotiate a mutually acceptable resolution, including the possibility of rescheduling or adjusting cancellation fees. However, no refunds can be made under any circumstances in the event of force majeure.

Extensive Editing:
6.1. Any specific or advanced retouching requests, such as removing blemishes, background alterations, or making other detailed adjustments, will be charged on a per-photo basis. The cost for such requests will be quoted separately, based on the extent of work required. The Client must communicate any advanced retouching needs in advance, and additional charges will be agreed upon before the commencement of the requested services.
6.2. Turnaround times for advanced retouching services may vary depending on the complexity and volume of the requested edits, and the Client should allow for a reasonable time frame for the completion of such services.

Sneak Peaks:
7.1. The Company does not provide previews, sneak peeks, or partial deliveries of the work in progress. Clients will receive the final photographs upon completion of the entire project, as per the agreed-upon delivery schedule.
7.2. In special circumstances, if the Client insists on having a sneak peek of the work in progress, this can be accommodated at an additional cost of $500 or more. This additional service must be requested and agreed upon in writing, and the associated fee must be paid in advance.

Substitution:
8.1. In case of serious personal injury or emergency circumstances, a substitute creator may be provided.
8.2. No refunds will be provided under any circumstances, in accordance with Section 4.2 of these terms of service.
8.3. Clients must inform the Company of any changes to times, dates, or plans that may impact the agreement.
8.4. the Company will adhere to facility rules and staff directions, and is not responsible for the absence of specific shots due to such restrictions.
8.5. the Company is not responsible for not being able to fly a drone in the area if it is illegal or if the weather does not permit.

RAW Content Purchase:
9.1. If the customer wishes to purchase the RAW shoot files, the cost is $1,200.

Weather Conditions:
10.1. If weather conditions make it impossible to shoot outdoors, the Company and the Client will discuss their options.

Revisions and Project Completion:
11.1: The Client has 7 days to inform the Company of any desired revisions after receiving the content via email. The 7-day period commences upon the Client’s receipt of the email containing the content. The Client must communicate their desired revisions to the Company through email within this time frame. The Company is not responsible for the email being directed to the spam folder or not being received by the Client if the email has been successfully sent.
11.2: The Company is not obligated to contact the Client through other means to remind them of the deadline or inquire about their readiness for the delivery. In the event that the Client does not respond to the Company within the 7-day period, the project will be considered as automatically delivered and completed.
11.3: The Client must provide any additional assets, such as photos, music, or other materials, to the Company within 3 days after the shoot. If the Client fails to provide the required assets within this time frame, the Company will proceed with the editing process without incorporating the missing assets. This ensures that the project remains on schedule and does not cause unnecessary delays for both the Client and the Company.
11.4. Each project undertaken by the Company includes one (1) free revision request, allowing for adjustments and modifications as per the Client’s feedback.
11.5. Any additional revisions beyond the first free revision will be subject to additional charges. These charges will be quoted by the Company at the time of the request based on the nature and extent of the revisions required.
11.6. The Company reserves the right to limit the number of revisions or refuse the initial or subsequent revisions, especially in cases where the revision requests significantly deviate from the original project scope or objectives.
11.7. All revision requests must be communicated to the Company in writing within the 7-day review period following the delivery of the initial project assets as outlined in the “Revisions and Project Completion” section. Late revision requests will not be accommodated.
11.8. Revision requests should be detailed and accompanied by specific timeframes and clear instructions. This means providing a clear timeframe for the desired changes, indicating the specific revisions needed, and outlining the precise alterations required.
11.9. The Company shall not be held responsible if the client requests changes that ultimately disrupt the content’s coherence and subsequently decides against those revisions. It is the client’s responsibility to consider the potential impact of requested changes and ensure they align with the overall vision of the content.
11.10. The Company is not liable for accommodating changes that violate the terms and conditions and subsequently require further adjustments to maintain the content’s integrity.
11.11. The Client represents and warrants that they have the necessary permissions, rights, and authority to use any content they provide to the Company for the project. The Client further agrees to indemnify, defend, and hold harmless the Company from any claim, suit, action, or loss arising from the use of such content.

Changes in Project Scope:
12.1. To prevent confusion and potential disputes, any changes to the project scope must be discussed and agreed upon in writing by both parties. This includes changes to the project timeline, deliverables, or any other aspect that may affect the project’s outcome or cost.
12.2. The Company will provide the Client with a written confirmation of the agreed-upon changes and any associated costs. The Client must sign and return the confirmation before the changes are implemented.

Client Responsibilities:
13.1. The Client is responsible for providing accurate information, timely feedback, necessary materials, and obtaining any required permissions or licenses to facilitate the project’s completion.

Third-Party Materials and Releases:
14.1. The Client is responsible for obtaining and paying for any necessary licenses or permissions for the use of third-party materials, such as music or stock photos, in the project.
14.2. The Client is responsible for obtaining any necessary releases or consents from individuals appearing in the photos.

Termination:
15.1. Either party may terminate this agreement under the following conditions:
a) Material breach by the other party, which is not cured within 7 days after written notice.
b) Insolvency or bankruptcy of either party.

Non-Solicitation:
16.1. The Client agrees not to directly hire or solicit the Company’s employees or subcontractors during the term of this agreement and for a period of six months after the completion of the project.

Warranties and Representations:
17.1. The Company warrants that its services will be performed in a professional and workmanlike manner, in accordance with industry standards, and in compliance with all applicable laws and regulations. The Company does not warrant that the final deliverables will be error-free or without any defects.

Promotional Use:
18.1. The Company reserves the right to use the content or parts thereof for promotional purposes, including but not limited to showcasing them in a portfolio, on social media, or other marketing materials.
18.2. The Company intends to use the content created in its portfolio without any approval from The Client after the work has been completed. This includes displaying finished projects, excerpts, or behind-the-scenes content on the Company’s website, social media channels, and other promotional materials.
18.3. The Client hereby grants the Company a non-exclusive, worldwide, perpetual license to use any and all content produced during the project for the purpose of promoting the Company’s services. This includes the right to display, reproduce, and share the photographs as part of the Company’s portfolio.
18.4. Portfolio Exclusion Fee: Should the Client request that specific content be excluded from use in the Company’s portfolio, a Portfolio Exclusion Fee will be applicable. This fee is set at 200% of the total cost of the shoot. The Client must agree to this in writing and make the payment of the Portfolio Exclusion Fee in full before the commencement of the project. Upon payment of this fee, the Company agrees to refrain from using the specified content in its future portfolio. However, it is important to note that any content that is already in use in the Company’s paid marketing campaigns at the time of the request will remain in use until the end of the campaign. This fee compensates for the loss of potential marketing and business development opportunities that arise from showcasing work in our portfolio.
18.5. The Company has the unrestricted right to feature all content in its portfolio, both in physical and digital forms, indefinitely. By engaging in a collaboration with the Company, clients automatically grant approval for us to showcase their projects on our website, social media platforms, and any promotional materials without the need for additional consent.

Usage Rights:
19.1. The Company grants the Client a non-exclusive, worldwide, and perpetual license to use, reproduce, modify, adapt, distribute, sublicense, sell, and display the content across all channels and media, for any purpose, without any additional fees, royalties, or further permission from the Company.
19.2. The Company retains the right to use, share, sell, and distribute the final photographs or parts thereof, including but not limited to submitting them to magazines or other media outlets, for any purpose, and without any compensation to or permission from the Client.

Warranty and Limitation of Liability:
20.1. The Company does not warrant that the final photographs will be error-free or without any defects. In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of the final photographs.

Model Release:
21.1. The Client is responsible for obtaining any necessary model releases and consent from individuals appearing in the content captured during the shoot. The Client is also responsible for ensuring that all individuals present at the photoshoot have provided their consent to be captured. The Company assumes that all individuals present have granted their permission to be captured. The Company shall not be held liable for any claims or disputes arising from the Client’s failure to obtain proper consent or model releases for individuals present during the photoshoot.

File Retention and Responsibility:
22.1. The client will have 7 days to download their content after they have been sent it.
22.2. Once the files have been deemed as delivered, the Company will delete the files from their storage systems. The Client is responsible for keeping copies of their content and backing it up, as the Company is not responsible for retaining copies after the delivery has been made.

Mood Board/Reference Content/Storyboard Disclaimer:
23.1. If the Client provides the Company with a mood board, reference content, or storyboard, or if the Company creates a mood board, reference content, or storyboard for the Client, it is understood that these materials serve as inspiration and guidance only. The final content may not be identical to the provided or created materials and may, in some cases, not be replicated at all. The Client acknowledges that the final outcome is subject to artistic interpretation and creative direction by the Company.

Reasonable Breaks and Coverage Expectations for the Creator:
24.1. The Client acknowledges that the creator from the Company may not be working continuously throughout the entire shoot. The creator will take reasonable breaks as needed to maintain their health, safety, and performance. These breaks may include, but are not limited to, meal breaks, refreshments, rest periods, and equipment maintenance or setup. The Client agrees that these breaks are essential to ensure the quality of the content and will not hold the Company responsible for any perceived loss of coverage during these periods.
24.2. The Client further acknowledges that it is not necessary for the creator to be capturing continuously throughout the entire wedding, even if the Client believes it to be important. The Company will use its professional judgment and experience to determine the most appropriate moments and subjects to capture. The Client agrees to trust the expertise of the Company and will not hold them responsible for any perceived lack of coverage during the shoot.
24.3. The Client acknowledges that the creator, as part of their professional approach, may engage in networking and connecting with participants during the shoot, as appropriate. This interaction can contribute to a better understanding of the project’s requirements, foster collaboration, and enhance the overall quality of the final result. The Client understands that such interactions may facilitate better content, smoother coordination, and more personalised coverage of the shoot. The Company will ensure that the creator maintains a balance between professional responsibilities and participant interaction, prioritising the overall quality of the final deliverables. The Client agrees to support the creator in their efforts to foster a positive relationship with the participants and will not hold the Company responsible for any perceived lapse in coverage during these interactions.

Equipment Malfunction and Loss of Content:
25.1. The Company takes all reasonable measures to ensure the proper functioning of equipment and the safe storage of photos. However, in the event of equipment malfunction, data loss, or other technical issues resulting in the loss or damage of content, the Company’s liability shall be limited to a partial refund proportional to the affected portion of the project.
25.2. The Company shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from equipment malfunction, loss of content, or other technical issues.

Emergency Situations Clause:
26.1. In the event of an emergency situation that prevents the Company (the Company) from fulfilling its obligations, including but not limited to illness, COVID-19, equipment failure, or other unforeseen circumstances, the following protocol will be enacted:
Immediate Notification: The Company will notify the Client at the earliest possible opportunity of the emergency situation and its impact on the scheduled photoshoot.
Backup Plan: The Company will endeavour to provide a suitable replacement creator to conduct the photoshoot. This replacement will be a professional with comparable skill and style to the Company, ensuring continuity of service quality.
Client Cooperation: The Client agrees to cooperate fully with the Company in such emergency situations and acknowledges that some adjustments or compromises may be necessary.

Communication Policy:
27.1. Written Communication for Clarity: To ensure clarity and avoid misunderstandings, all official communications regarding the photography project, including discussions about project specifics, revisions, and feedback, must be conducted in writing (via email or other documented forms of communication). This policy is in place to maintain a clear record of all communications and agreements. 

Post-Delivery Support and Assistance:
28.1. Scope of Post-Delivery Support: Upon completion and delivery of the project, the Company will provide basic support to the Client, which includes answering general queries regarding the content. This support is limited to simple clarifications and adjustments that do not involve extensive work or additional resource allocation.
28.2. Limitations on Support: the Company does not provide technical assistance in downloading the delivered photo files or offer IT support related to the use and management of these files. Clients are responsible for ensuring they have the necessary technical capability to download and handle the delivered content.
28.3. Charges for Extended Support: If the Client requests additional support beyond the scope of basic post-delivery assistance, such as technical help with downloading files, IT support, or any form of extensive guidance, the Company will provide this support at a rate of $265 per hour, with a minimum charge of one hour. This rate applies even if the actual time taken to resolve the issue is less than one hour.
28.4. Requesting Additional Support: Clients who require such additional support must formally request it, acknowledging the applicable charges. The Company will provide an estimate of the time required for the requested support, and the Client will be invoiced accordingly.

Delivery and Storage of Digital Content:
29.1. Digital Delivery: All content from the Company will be provided exclusively in digital format. No physical or hard copies of any photos will be provided.
29.2. Client’s Responsibility for Storage: The client is responsible for ensuring they have adequate storage capacity to download the delivered digital content. Depending on the project’s scope, the size of the digital files can range from hundreds to thousands of gigabytes. It is the client’s responsibility to prepare and manage sufficient storage solutions for these files.
29.3. Delivery Method: the Company will deliver the digital content via an online platform or digital transfer method. The client will be notified of the delivery method and provided with instructions for downloading the content.
29.4. No Liability for Data Loss: the Company is not responsible for any data loss or inability to access the content due to issues related to the client’s storage capacity or technical limitations. It is the client’s responsibility to ensure proper backup and data management practices are in place.
29.5. Post-Delivery File Management: Once the Company has delivered the digital files to the client, the client has a period of 7 days to securely transfer these files to their own hard storage or cloud storage. After this 7-day period, the Company’s responsibility for the files ceases.
29.6. No Liability for Post-Delivery Loss or Damage: the Company is not responsible for any loss, damage, or inability to access the files after they have been delivered to the client. This includes, but is not limited to, loss or damage due to cloud storage issues, technical failures, or any errors made by the client in transferring or storing the files.
29.7. Secure Storage Recommendation: Clients are strongly recommended to ensure that they have appropriate and reliable storage solutions in place and to conduct the transfer and backup of the delivered files diligently and within the specified 7-day period. the Company is not liable for any client errors, technical mishaps, or storage failures that occur after the delivery of digital content.

Indemnification:
30.1. The Client agrees to indemnify, defend, and hold harmless The Company and its affiliates, officers, agents, and employees from any claim, suit, action, or loss arising from or related to the Client’s use of the Company’s services or violation of these Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and legal fees.

Governing Law and Jurisdiction:
31.1. These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with the services provided by the Company shall be subject to the exclusive jurisdiction of the courts of New Zealand.
31.2. In the event that a dispute arising out of or in connection with the services provided by the Company cannot be resolved through negotiation, mediation, or arbitration, such dispute shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Liability Limitation:
32.1. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of the Company’s services.
32.2. Limitations on Liability for Third-Party Services: the Company is not liable for any issues arising from the performance or non-performance of third-party services or vendors that are hired directly by the Client. This includes, but is not limited to, third-party models, makeup artists, location providers, or any other external vendors not under the direct control of the Company. The Client acknowledges that while the Company will collaborate with these third-party entities to the best of its ability, any shortcomings, delays, or damages caused by these third parties are outside of the Company’s scope of responsibility and liability.

Dispute Resolution:
33.1. In the event of a dispute between the Client and the Company, both parties agree to first attempt to resolve the dispute through good faith negotiation, mediation, or arbitration before resorting to litigation.

Limitation of Liability:
34.1. The Company’s liability for any claim arising from this agreement or the provision of services shall be limited to the amount paid by the Client. The Client expressly releases the Company, its affiliates, officers, agents, and employees from any liability for claims, demands, or damages arising out of or in connection with the use of the final deliverables, even if caused by the negligence of the Company or its affiliates, officers, agents, or employees.