1.1 In this agreement:
(a) Milk Photography Studio, we, our or us means Milk Studios Limited.
(b) You or your means any business or person who engages us to provide products or services.
(c) Album means a photograph album.
(d) Artwork means a framed photographs.
(e) Digital means digital images.
(f) Deposit means the deposit required to be paid under clause 4.
1.2 All services performed and digital/artworks provided are strictly on the basis of the terms and conditions set out in this Agreement unless otherwise agreed in writing with us.
1.3 By booking our services this confirms your acceptance of the terms and conditions set out in this Agreement.
1.4 To the extent permitted by law, we reserve the right to amend this Agreement at any time. The updated Agreement will be available on our website.
2.1 If you hold a gift voucher, you may not use the voucher towards the deposit. The voucher may be used towards payment for the session and digital or album or Artwork (minimum of $1500 purchase).
For example: If you have a $500 voucher and you book a session then $300 will cover your session fee and you will have $200 to spend on digital or Artwork.
2.2 Only one gift voucher per booking is permitted.
2.3 If you have a gift voucher, you will be required to pay a deposit in accordance with clause 4.1.
2.4 Gift vouchers cannot be combined or used towards corporate sessions, or deals advertised on our website or facebook page.
2.5 Gift vouchers can only be used towards Albums and digital file packages.
2.6 As with all voucher bookings, a non-refundable $100 booking fee is paid in advance before your session. This is to be used towards your order, if your session is cancelled your booking fee is non refundable.
3.1 Our fees are set out below:
(a) Session Fees: Your session fee covers the time of the photographer during the photo session, all editing, the use of the photography studio, the use of the props available in the studio as well as the use of all of wardrobe, the wear and tear of the equipment used during your session; professional hair and make up, a glass of champagne and $200 towards digital or artwork where you spend a minimum of $1000. A session fee will be charged regardless of whether digital or artwork is subsequently purchased. All session fees are non-refundable.
Session Fee: $600 (including GST)
(b) Additional Travel Fee: A location fee in Auckland region is $300. We will inform you at the time of booking if an additional fee applies based on your location outside Auckland.
(c) Artwork Fee: All artworks and additional files are purchased additionally to your session fee. You may decide the formats, sizes and whether you wish to purchase digital, prints or framed photos.
3.2 We note that we are a full-service photography studio offering a unique and bespoke experience. Our prices reflect our high-quality and award-winning work. Our artwork starts at $700 (including GST) most of our clients spend between $1000 – $5000 + on their digital/artwork. Finance is available.
3.3 Bookings in Auckland: Please note that for our Milk Intimates service we require a minimum spend of $1000 (including GST). This is due to the length of these sessions, expertise and editing involved.
3.4 Bookings outside Auckland: Please note that for bookings outside Auckland we require a mininum spend of $3,300 (including GST) because of the domestic travel involved.
4. Booking and deposit
4.1 With Voucher: If you are booking and you have a gift voucher:
(a) We require a $100 non-refundable deposit from all clients. This secures your appointment with us and prevents us from making any other bookings for this time.
4.2 Without Voucher: If you are booking and you do not have a gift voucher, we require you to pay the cost of the session/location fee upfront.
4.3 Bookings outside Auckland: Please note that for bookings outside Auckland we require a non-refundable deposit of 50% of the agreed fee.
4.4 Corporate Bookings: for Corporate Bookings 50% of the agreed fee is payable to confirm your booking.
4.5 In the event that you cancel your appointment for any reason, your deposit shall be put towards the cancellation fee (set out at paragraph 8.2). We may allow you to reschedule your appointment with us, however this is at our discretion.
4.6 If you go ahead with your scheduled appointment, your deposit will be deducted from your final invoice.
5. Design consultation bookings
5.1 During your session we will book a design consultation. The purpose of a design consultation is for you to review the artwork, select the prints and frames (if applicable) and place your order.
5.2 You must bring everyone to the design consultation that needs to view the photos in order to make a decision (for example, your spouse or any other decision makers as there is only one design consultation, (please note we do not send out thumbnails).
5.3 For Corporate or Bookings Outside Auckland clause 6.3 will apply to selection of images.
5.4 If a decision cannot be made and a second design consultation is required, you will be charged a fee of $200 (including GST).
5.5 Design consultations must be booked within two weeks of the photo shoot (unless agreed otherwise).
5.6 Any artwork or digital order placed more than one week after your design consultation will incur an additional late charge of $150 (including GST).
5.7 If no booking is made following your photo session and you haven’t contacted us within two weeks, your images will be deleted and your deposit / session fee will be forfeited.
6. Ordering and payment
6.1 Auckland Bookings: Orders are placed at the design consultation. Once an order is placed and an order form signed, it cannot be changed and you will be liable for the cost of the order.
6.2 Bookings outside Auckland: The balance of the agreed fee is due at the end of the session.
6.3 Corporate Bookings or Bookings Outside Auckland: If you are located outside Auckland or have a Corporate Booking clause 5 will not apply. Instead we will send you digital thumbnails of images from which you will select images to purchase. You agree that even if you do not select the maximum number of images agreed at the time of booking you will not be entitled to any refund.
6.4 As Corporate Bookings include a set amount of digital or artwork the balance of the agreed fee is due at the end of the session. Additional images will be charged at $200 each plus GST.
6.5 If any minor edits are made to the image following the design consultation (at your request) we will email you the images to approve the retouching. You may not amend your order at this stage. All orders are final.
6.6 Title to the artworks or digital will not pass to you until you have paid all amounts due to us in full.
6.7 In the event that you fail to pay any outstanding amounts, we will charge interest on a daily basis at a rate of 16% per annum.
6.8 We reserve the right in the event of that you fail to pay any outstanding amounts to provide relevant details to a debt collector or agency and you will be liable for all additional costs incurred in order for us to enforce our rights under this Agreement.
6.9 You will be liable for any expenses, disbursements and legal fees incurred by us in the enforcement of the terms of this Agreement.
7. Rescheduling and/or cancelling
7.1 When you book and confirm an appointment, we set aside precious studio time and staff resources for your photography session and design consultation.
7.2 In the case of non-Corporate Auckland bookings, if you cancel your confirmed booking (whether it be a session booking or a design consultation), we will charge a cancellation fee of $100.
7.3 If you arrive more than 25 minutes late to your session, your session will deemed to be cancelled and a cancellation fee will be charged.
7.4 If you need to reschedule your appointment due to illness or unforeseen events, we require you to provide 48 hours’ notice and we may waive the cancellation fee and allow you to rebook (at our discretion).
7.5 If we have to cancel or postpone your appointment, we will give you as much notice as practically possible and make reasonable endeavours to reschedule to a mutually convenient time.
8. Retouching and editing
8.1 Images may be retouched at our discretion. If significant additional retouching is requested (for example, head swap, slimming, advanced retouching) it shall be charged at $50 per image.
8.2 You must raise any issues with the images at the design consultation. If further retouching is required you will be emailed the artwork to approve the amendments (as outlined in paragraph 6.2).
8.3 If you raise any issues once the artwork is printed and framed, you will be responsible for the costs associated with retouching, ordering and framing.
9.1 If you are unhappy with your photographs at the design consultation and you wish to reshoot, we will grant this at our absolute discretion and may apply an additional fee for this. All images from the initial session will be deleted and you will only be able to access photos from the subsequent session.
9.2 If we do not grant you a reshoot, you may still request another session and you will be liable to pay an additional session fee. You may then choose images from both sessions.
9.3 We take no responsibility for the artistic quality of the photographs where there are factors outside our control (for example, poor choices of clothing, make-up, hair or weather-related issues). We note we set out our recommendations on our website and in our booking letter
9.4 Consumer Guarantees Act: As a consumer, you have certain rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Those rights apply alongside these terms and conditions and are not affected by anything in this clause.
10. File archive
10.1 We will hold your ordered files for one year. Unordered files will be deleted following the design consultation.
10.2 If digital images are provided to you, it is your responsibility to ensure the files are downloaded (via USB or email, as applicable).
10.3 If there are any issues accessing files (via USB, email or otherwise), you must raise this with us within two weeks of delivery. We hold no responsibility for missing files if you do not notify us within this timeframe. If files are requested following this date, we will charge a retrieval fee of $150 (including GST).
11. Immediate termination of contract
11.1 We treat all clients with utmost respect, and we ask that you and your family do the same with us.
11.2 We will not tolerate any unreasonable or aggressive behaviour (for example, attempts to bully, harass, abuse, manipulate or extort the photographer). We will also not tolerate any unreasonable requests in respect of any booking or artwork (for example, changing appearance beyond recognition, or excessive editing in photoshop).
11.3 If any of the behaviour described above occurs, we have the right to immediately terminate our contract with you. You must leave our premises immediately, we will have no obligation to undertake any further work for you or provide you with any artwork. At our discretion, we may choose to provide you with a partial refund. You agree that we will have no further contractual liability to you.
12. No photographs or videos during the session
12.1 You may not use any kind of recording device (including cell phone cameras or videos) during the session. If this occurs, we reserve the right to immediately discontinue the session. If a make-up artist has been booked, you will be liable for all costs incurred.
13. Arriving early or late
13.1 The session starts at the agreed time. If you arrive more than 15 minutes before your session, please stop by a café or other area to relax as we are most likely busy with customers.
13.2 If you are late to your appointment, please notify us immediately by calling (09) 483 3822. If you are more than 25 minutes late your appointment will be cancelled or may be rescheduled (at our discretion).
14.1 You give permission and we reserve the right, to use any or all artwork for our promotional, marketing and/or advertising purposes unless you advise us otherwise in writing.
14.2 All images are copyrighted by Milk Photography Studio, even those you purchase. Copying, scanning or reproducing images is strictly prohibited. Print-screening images from our website also infringes our copyright and you will be held liable.