TERMS OF SERVICE
Wanaka Boudoir (we/us) is a photography business owned and operated by Cassiesanay, a photography and digital marketing company. We pride ourselves on capturing authentic, empowering imagery and delivering a supportive, professional client experience. We value all of our clients (you/your) and believe it’s important that you are aware of the terms of business that apply to our services. Unless otherwise stated or additional terms are agreed upon in writing, these terms apply to all services.
1. Scope of Engagement
1.1 Engagement of our services will be commenced by:
A written email or letter stating your agreement with the terms, and a successful request for signature, or
Agreeing to and signing a written proposal.
1.2 In carrying out the engagement, we will:
Keep you informed of all significant developments and information relating to you
Take all reasonable care and skill
Use our best efforts to deliver the desired outcomes within agreed or anticipated timeframes and costings
Perform the services using best practices and up-to-date techniques. We will make recommendations to help achieve your goals, but cannot guarantee results.
1.3 Our duties under these terms of engagement are owed solely to the client(s) who have engaged us. We do not accept any responsibility to third parties who may be affected by our performance, except as expressly agreed in writing.
2. Fees, Charges and Payment Terms
2.1 Unless agreed otherwise in writing, our fees will be charged on the basis of our current hourly rates, which are subject to change. Current rates are available upon request. If there is an increase to our rates, we will inform you 30 days before it takes effect.
2.2 Invoices are payable 30 days from the invoice date. Unless otherwise agreed, we issue interim invoices monthly.
2.3 Unless otherwise stated, all estimates or hourly rates provided do not include GST.
2.4 If invoices are overdue, we reserve the right to suspend services, require advance payment for future work, or terminate the engagement. We may also offset amounts owed against any funds or property held on your behalf. You will be responsible for any costs we incur in recovering overdue amounts (e.g., legal or debt collection fees).
2.5 Travel time is not included in quotations. For photography work outside of Wanaka, fuel will be charged based on kilometres at the current rate. If an overnight stay is required, accommodation and food costs will also be charged. These costs will be discussed and agreed upon in advance.
3. Ownership of Documents, Intellectual Property and Copyright
3.1 Ownership of all final photography delivered to you will be yours. We retain ownership of any materials created for internal use during the engagement.
3.2 We own the copyright in all photography and creative work we produce, but grant you a non-exclusive licence to use and reproduce the final work for personal or commercial use. You may not allow third parties to copy, adapt, or use the content without our written permission.
3.3 We reserve the right to exercise a general lien over any documents or property we hold on your behalf while money is owed to us for services rendered.
4. Confidentiality and Information Privacy
4.1 All information relating to the engagement is confidential. Neither party may release such information to third parties or use it for advantage without consent.
4.2 You grant us the right to disclose your name and address to a credit agency if needed for credit referencing or credit management processes.
4.3 We comply with all applicable provisions of the Privacy Act 1993 in regard to personal information collected or held during the engagement.
5. Conflicts of Interest
5.1 Our working relationship is based on mutual trust. Either party may terminate the engagement if the relationship is undermined for any reason.
6. Liability and Warranties
6.1 If an event we are engaged for is cancelled or delayed through no fault of our own, you agree to compensate us for work performed and any related costs incurred. We agree to take reasonable steps to reduce these costs where possible.
6.2 While we provide our services with care and diligence, we do not guarantee that results, advice, or outcomes will be true, correct, complete, or meet your objectives. If services are provided for business purposes, the Consumer Guarantees Act 1993 is excluded to the fullest extent permissible.
7. Disputes
7.1 In the event of a dispute, the party raising the issue must notify the other party in writing. We will then attempt to resolve the matter in good faith.
7.2 If resolution is not reached within seven days, the dispute will be referred to mediation by a mediator agreed upon by both parties. If no agreement is reached within seven days, the mediator will be appointed by the President of the New Zealand District Law Society.
7.3 If mediation is unsuccessful within 10 working days of the mediator’s appointment, either party may submit the dispute to arbitration under the Arbitration Act 1996. The arbitrator's decision will be final and binding.
8. Miscellaneous
8.1 No changes to these terms are binding unless agreed upon in writing.
8.2 Failure by us to enforce any of these terms does not waive our rights on any subsequent occasion.
8.3 Neither party will be liable for delay or failure to perform obligations due to events beyond reasonable control, such as illness, injury, natural disasters, or pandemics. A reasonable extension of time will be granted in such cases.
8.4 These terms, and all agreements between you and us, will be governed by New Zealand law.