TERMS & CONDITIONS

June 10, 2026

Portrait & Commercial Photography Services (New Zealand)

1. Definitions

In these Terms & Conditions:

“Photographer” means Edy Rustad, trading as TARBIDE PRO, based in Gisborne, New Zealand.

“Client” means the individual, business, organisation, or entity booking photography services.

“Images” means all photographs, digital files, edited images, previews, proofs, and other photographic works created by the Photographer.

2. Acceptance of Terms

By accepting a quote, confirming a booking, signing a proposal, paying a deposit, or otherwise engaging the Photographer’s services, the Client agrees to be bound by these Terms & Conditions.

These Terms & Conditions apply to all photography services provided by the Photographer unless otherwise agreed in writing.

3. Booking & Deposits

A booking is not confirmed until any required deposit has been paid.

The Photographer reserves the right to decline or cancel a booking until the required deposit is received.

Deposits are applied toward the total booking fee and are subject to the cancellation provisions set out in these Terms.

4. Payment

Invoices must be paid by the due date stated on the invoice.

Unless otherwise agreed in writing:

All prices are quoted in New Zealand Dollars (NZD).

Prices are exclusive of GST unless otherwise stated.

The Photographer reserves the right to charge reasonable recovery costs associated with overdue accounts where permitted by law.

All Images created by the Photographer remain the sole property and copyright of the Photographer in accordance with the Copyright Act 1994 (New Zealand).

No copyright, ownership, intellectual property rights, RAW files, original files, edited files, or source materials are transferred to the Client unless expressly agreed in writing.

The Photographer retains all rights not expressly granted under these Terms.

6. Image Licence

Upon full payment, the Client is granted a non-exclusive, non-transferable licence to use delivered Images only for the purposes specified in the accepted quote, proposal, invoice, or written agreement.

Unless otherwise stated:

Portrait & Personal Branding Use

Permitted uses include:

Commercial Use

Commercial use is not included by default.

Commercial use includes, but is not limited to:

Commercial use requires a separate written licence and may incur additional fees.

The Client may not transfer, sublicense, sell, or provide Images to third parties without prior written permission from the Photographer.

6A. Commercial Licensing Schedule

Unless otherwise specified in writing, all commercial licences granted by the Photographer are limited to the specific use agreed at the time of booking.

The scope of any licence may be determined by factors including:

Internal Business Use

Unless otherwise stated, commercial clients are granted a licence for internal business use, including:

Advertising & Paid Promotion

The following uses are not included unless specifically licensed in writing:

Additional licensing fees may apply.

Third-Party Use

No licence is granted to any third party unless expressly agreed in writing.

Third parties include, but are not limited to:

The Client may not provide Images to third parties without prior written permission from the Photographer.

Duration of Licence

Unless otherwise agreed in writing, commercial licences are granted for a period of two (2) years from the date of image delivery.

Continued use beyond the licence period may require renewal and additional licensing fees.

Territory

Unless otherwise agreed in writing, licences are granted for worldwide use.

Exclusivity

All licences are non-exclusive unless specifically agreed in writing.

The Photographer reserves the right to licence Images to other parties where appropriate, except where an exclusive licence has been purchased.

Licence Extensions

The Client may request additional usage rights, extended duration, expanded territories, exclusivity, or additional media rights at any time. Additional licensing fees may apply.

Unauthorised Use

Any use outside the scope of the granted licence constitutes copyright infringement and may result in:

The Photographer reserves all rights not expressly granted under these Terms & Conditions.

7. Editing, Alteration & AI Restrictions

The Client must not:

Reasonable cropping for layout and placement purposes is permitted provided the integrity of the Image is maintained.

8. Image Selection & RAW Files

The Photographer retains sole artistic discretion regarding:

The Photographer is under no obligation to deliver every image captured during a session.

RAW files, unedited files, and working files remain the exclusive property of the Photographer and are not supplied unless expressly agreed in writing.

9. Cancellation & Rescheduling

If the Client cancels a booking within 72 hours of the scheduled shoot, any deposit paid is non-refundable.

Rescheduling requests are subject to Photographer availability.

The Photographer may, at their discretion, apply an existing deposit to a rescheduled booking where reasonable notice is provided.

If the Photographer is unable to perform the services due to illness, emergency, accident, or other unforeseen circumstances, the Photographer may:

This shall be the Client’s sole remedy.

10. Force Majeure

Neither party shall be liable for delay, cancellation, or failure to perform obligations caused by circumstances beyond reasonable control, including but not limited to:

Where practical, both parties will work together to reschedule services.

11. Delivery

Delivery timeframes provided by the Photographer are estimates only.

Images will generally be delivered electronically unless otherwise agreed in writing.

The Photographer is not responsible for delays caused by circumstances beyond reasonable control.

The Client is responsible for downloading, storing, and backing up delivered files.

The Photographer is not obligated to archive or retain files after 12 months from final delivery and may delete files thereafter without notice.

12. Client Responsibilities

The Client is responsible for:

The Photographer is not responsible for missed images, reduced coverage, or reduced quality resulting from:

13. Portfolio, Marketing & Promotional Use

Unless otherwise agreed in writing before the shoot, the Photographer may use selected Images for:

Commercial clients may request that Images remain confidential, unpublished, or subject to embargo. Such requests must be agreed in writing before the booking is confirmed and may affect pricing.

14. Privacy

The Photographer collects and stores personal information solely for the purposes of:

Personal information will be handled in accordance with the Privacy Act 2020 (New Zealand).

The Photographer will not sell personal information to third parties.

15. Limitation of Liability

To the fullest extent permitted by law, the Photographer shall not be liable for:

The Photographer’s total liability for any claim arising out of the services provided shall not exceed the total amount paid by the Client for those services.

16. Consumer Guarantees Act

Where the Client acquires services for business purposes, the parties agree that the Consumer Guarantees Act 1993 shall not apply to the extent permitted by law.

Nothing in these Terms excludes rights that cannot legally be excluded under New Zealand law.

17. Governing Law

These Terms & Conditions are governed by the laws of New Zealand.

Any dispute arising from these Terms or the services provided by the Photographer shall be subject to the exclusive jurisdiction of the courts of New Zealand.

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