Terms & Conditions

The following terms and conditions of trading are the standard terms and conditions that must be adhered to by all Customers in order for the vendor conduct business with the customer.

Additional Expenses

Where additional expenses are incurred by the photographer due to changes in the original brief by the Client or by circumstances beyond the Photographer's control, the Client agrees to pay such reasonable expenses and/or fees at the Photographer's normal rates.

Bookings

Only original, faxed or e-mailed orders are accepted. No booking can be made or no contract entered into until the client pays the required booking fee as stated below and by doing so it is an understanding that the client fully agrees to our terms and conditions of trading. We reserve the right to refuse any order whatsoever and for whatever reason, particularly in cases where the Vendor has reason to believe that acceptance and execution of the order will lead to a breach of the laws of obscenity, libel or copyright, or to the aiding, abetting or condoning of such a breach by any other party.

Booking Fee (for other work)

A booking fee of 20% of the estimated cost is charged when the client books an assignment unless credit facilities have been applied for, agreed and approved. The balance is due on completion of the assignment when our client is happy with the finished product. Failure to comply with the payment system will invalidate any pre-agreed price and the client will be charged as per the current price list plus any costs incurred. Payments, which become more than 30 days overdue, incur a 10% sur-charge.

Cancellation

Our clients may repudiate any contract at any time by giving written notice to Blind Vizion. Should we receive notice of cancellation for weddings less than four weeks prior to the appointment the client should pay the vendor a sum equal to 15% of the balance of the estimated package price agreed. The said sum shall be payable as compensation it being an agreed estimate of the loss we would suffer. The Client is also liable for charges for all work completed, materials ordered, work contracted out and our time that has been already given to the execution of the order that is being cancelled.

Client is responsible for all expenses incurred up to the time of cancellation, plus 60% of the Photographer's fee. If cancellation is given less than two (2) business days before the shoot, Client will be charged 100% fee. Unless otherwise agreed, Client will be charged 100% fee if postponement is due to weather conditions on location or 50% if postponement due to weather conditions is before departure.

Copyright

Copyright of the material remains the property of Blind Vizion. Unauthorised use of images will be subject to a minimum fee of $200 per image. It is an offence and contrary to the Copyright and Related Rights Act 2000 to copy or allow to be copied the photographs, slides, transparencies, training material or other media or material supplied by Blind Vizion. By placing an order with us, the Client certifies that all materials presented for processing, printing, copying, duplicating, restoring, retouching or any other process of reproduction are free from any third party claims for breach of any copyright license and that no copyright exists on the material supplied. Where original materials are submitted to us in the form of computer disks or any other erasable media, it shall be the responsibility of the Client to maintain their own master copies independently of the material submitted to ourselves.

We will not accept liability for costs of recovery, reinstatement or re-origination arising from material being corrupted, erased or lost in any way whatsoever. Where original materials are deposited with us, it shall be the Client's responsibility to inform us of the value of such materials before they are placed on deposit. Insurance cover for such materials shall then be the subject of a written agreement between the Client and Blindvizion. Without such agreement, the Client becomes his own insurer. Should any image be sold for promotion or advertising, consent will be requested and compensation granted.

Completion Dates

These are for guideline purposes only. Blindvizion shall not be liable to the Client or any third party for losses arising from delays in completing orders. Please allow for a minimum of two weeks delivery.

Complaints

In the unlikely event of complaint, notice in writing must be given to the vendor within five days of receiving the order. Proof of receiving date must be available.

Deliveries

Deliveries, where required, are normally made by post, or by arrangement with the Client. We will charge for postage, packaging and delivery as appropriate.

Display

Blindvizion reserves the right to display any commissioned photograph taken by us, in our studio or portfolio or at any location or in any publication or by any type of media which we uses to advertise our services and products.

Exclusivity

The Photographer retains the right to use the Photographs in any manner, at any time and in any part of the world for self promotional purposes. During the period of the Usage License granted in the Usage clause, the Client is authorised to publish the Photographs to the exclusion of all other persons other than the Photographer's right to self promotion as noted above. After the expiry of the the Usage license, The Photographer shall be entitled to use the Photographs for any purpose.

Force Majeure

The performance of any contract is subject to alteration or cancellation by Blind Vizion owing to any cause beyond our control. In the unlikely event of total photographic failure or cancellation of any contract by Blind Vizion, liability shall be limited to a full refund of all monies paid. While we take every possible care with negatives, digital media, film and materials, we cannot, however accept responsibility for loss or damage, consequential or otherwise.

Attendance is guaranteed insofar that weather conditions permit for safe traveling and the absence of an accident, breakdown, traffic diversion, hold-up, illness or other impediment -viz- fuel shortage, government order, death in family, loss of equipment by theft or fire, major breakdown, Strike, Act of God or other casualty or any other unforeseen circumstances. The studio will not be liable for any injury or damage caused to property within the premises or grounds of the studio.

Indemnity

The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Client's use of the Photographs.

Negatives & Digital Media

Negatives & Digital Media remain the property of Blindvizion and shall be for not less than ten years from the date of the commission. We reserve the right to sell the negatives and Digital Media to the client.

Payment

Full payment must be received by the Photographer on invoice and maximum terms being within 30 days of submission of the photographs or prior to publication, whichever occurs first. If payment is not received by the due date, any use of the Photographs may, at the Photographer's discretion, be considered unauthorised and the Exclusive License withdrawn and become subject to renegotiation. The Client agrees to pay interest at 10% above the prime rate per month or part thereof on overdue payments.

Usage Rights

An Exclusive License is granted to the Client for the usage specified in the brief, estimate or order confirmation. This Exclusive License is conditioned upon acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by the Photographer within the payment period agreed. Unless otherwise stated the duration of the license shall be six times the periodicity of the publication for editorial work, or 90 days, whichever comes first. All rights not expressly granted to the Client remain the exclusive property of the Photographer. The Client may not transfer or assign this Exclusive License without the express written consent of the Photographer. Should client accredit the photographer for published work, incorrect printing/accreditation will result in client being subject to additional 10% fee of contract.

Wedding Photography

A booking fee of 20% of the package price is charged when our client books the wedding. This is VITAL as A WEDDING DATE CAN NOT BE RESERVED AND WILL NOT BE HELD BY THE VENDOR UNLESS THE REQUIRED BOOKING FEE IS PAID. The balance of the package price is to be paid no later than your wedding day. Failure to comply with the payment system will invalidate any pre-arranged pricing and the client will be liable for charges as per the current price list in force at the time of payment plus any penalties and expenses incurred. Payments, which become more than thirty days overdue, are liable to a penalty of 10% surcharge and interest at the current rate on the outstanding amount. Payment for additional orders, photographs, framed portraits is due at the time of ordering.

Note: Paying your deposit (Booking Fee) ensures that the date in question will be held for you and will not be given to another client. It is only when the package is paid for in full are you guaranteed that the Photographer will attend your wedding.

For all weddings

Blind Vizion is limited by the guidelines of the Ceremony Official or Clergy and the reception site management. The Client agrees to accept the technical results of their imposition on Blind Vizion. Negotiations with such officials for moderation of guidelines are the Client's responsibility. We can offer technical recommendations only. It is a strict understanding that Blind Vizion is retained as the exclusive official photographer for the assignment in question and that no other photographer either professional or amateur will be in attendance to take photographs. The Client undertakes that every facility will be granted to enable the efficient carrying out of the assignment with the minimum of interruption in a timely manner. At weddings, while amateur photographers and guests taking photographs are more than welcome, they must act in a manner which will NOT disrupt the work of Blind Vizion or waste the limited amount of time that we have at our disposal to complete the assignment.

The Client agrees to cheerful co-operation and communication for the best possible results within the definition and limitations of the assignment. Blind Vizion is not responsible if key individuals fail to appear or co-operate during the photography session or for images missed due to details not revealed to us. We cannot accept responsibility for substandard quality caused by the Client's failure to adhere to the Photographers basic instructions. We recommend that the Client designates a friend or family member within each family as guide who will ensure everybody needed for photographs will be on hand when required. Best Man, Grooms Men, Bridesmaids, Matrons of Honour should also assist in the organization of group and family photographs. Furthermore the bridal party must make themselves available for photographs from the time the Ceremony finishes until the Bride & Groom sit down to eat at the Reception.