1. Copyright, Ownership, and Model Release
- Copyright & Ownership: First Days Nz ("Photographer") retains full copyright and ownership of all images, captures, digital files, and previews. All materials remain the exclusive property of the Photographer.
- Permitted & Prohibited Use: Delivered images are for the Client’s personal, non-commercial use only. Use for profit, commercial endeavours, professional display, or entry into competitions is strictly prohibited. Copying, screenshotting, saving, or scanning unpurchased images from galleries, the Photographer’s website, or social media sites constitutes copyright infringement. Unauthorised duplication or use will be invoiced at the Photographer’s current per-image retail rate.
- Social Sharing: Sharing purchased, finalized images or official links directly from the main source on social media is highly accepted and encouraged for family and friends to view.
- Model Release: Provided the Client has granted permission, the Photographer reserves the right to use session images for advertising, display, publication, social media, and portfolio promotions. The signing Client warrants they have the actual legal authority to agree to the use of the likeness of all persons included in the portraits, including minors.
2. Liability, Performance, and Quality
- Third-Party Printing: The Photographer is not liable for the print quality, colour accuracy, or cropping of images printed through external, third-party photo labs chosen by the Client.
- Force Majeure & Technical Failure: If the Photographer cannot fulfil this contract due to fire, casualty, illness, emergency, all deposits and fees paid will be returned to the Client, and the Photographer shall have no further liability. This limitation also applies to technical failure or photographic materials damaged without photographer fault.
- Safety & Injury Release: The Photographer is not responsible for injuries sustained by any participating parties during the session. Clients assume full responsibility for themselves, their children, and family members, releasing the Photographer from any claims against their person or business.
- Artistic Control & Expectations: While the Photographer strives for quality, variations in image or composition may occur due to factors beyond their control, such as unsettled infants/family members or poor natural lighting. The Client acknowledges they selected the Photographer based on their current portfolio. Re-shoots or refunds will not be issued for dissatisfaction based on these uncontrollable variables. In the case of dissatisfaction, please contact First Days Nz directly to discuss options so we can work to rectify the situation.