We the above mentioned, hereby assign the photography for our wedding to Justin Aitken. We understand the following terms, and agree that : 1. This agreement constitutes an order for photography and the production of digital images. You have all personal rights to the photographs however may not provide any photographs to vendors or companies for their own promotion without the permission of Justin Aitken. It is understood that all images produced on the day remain the copyright of Justin Aitken, who retains full rights to use the photographs for advertising, promotion, national and international award and photographic competition entry, display at galleries or shows, or any other purpose within the promotional business activities of the Photographer, without payment. 2. All care and diligence will be exercised in the performance of the above assignment and that the liability is limited to monies paid should mechanical failure, theft, accident, ill health or any other mishap occur which prevents the fulfilment of the agreement. If any illness, disability, personal or unavoidable circumstances prevent Justin Aitken from performing on the day, Justin Aitken reserves the right to cancel this agreement or provide another suitable photographer. If, in the case of another suitable photographer being provided, Justin Aitken has the option to ensure complete control over final editing, post production and treatment of all digital photographs. 3. To confirm and book your photographic package, a date reservation/exclusivity fee of 25% (of the total amount, including any travel cost) is required to reserve the date, with the remaining 75% to be paid during the week before your wedding date, or by the latest, on the actual wedding day. Justin Aitken shall reserve the date and time agreed upon, and will not make any other reservations or accept any other clients for the said date and time. For this reason, in the event that you cancel this agreement for any reason, the ability to rebook the requested wedding date is severely diminished, and all date reservation/exclusivity fees, non-refundable retainers or monies paid, shall be retained by Justin Aitken in order to offset the loss of business and to recover business related and relevant administration costs. The 25% date reservation fee is relative to the amount of work done prior and up to the date of booking, such as business related and relevant administration costs, and other pre-wedding tasks and work. The final 75% is divided into two parts with 50% allocated to the actual photographing of the wedding day, and the remaining 25% allocated to the editing and post production processing of all imagery. 3.1. It is understood that the date reservation/exclusivity fee secures and reserves the date requested solely for you (the Client). Therefore, should a cancellation occur more than six months out from the above mentioned and relevant wedding date, Justin Aitken shall retain the full amount date reservation/exclusivity fee. 3.2. Should a cancellation occur within six months of the above mentioned wedding date, Justin Aitken shall retain the full amount date reservation/exclusivity fee, and a further 35% of the final balance will be payable to Justin Aitken on invoice, to offset any loss of business and costs incurred. 3.3. Justin Aitken shall not be liable for any consequential, indirect or special loss or damages suffered by the Client, arising directly or indirectly from a cancellation under this clause. 3.4. In the event of a cancellation by the Client, and the above mentioned wedding date being rebooked, Justin Aitken will return 60% of the date reservation/exclusivity fee at his discretion, with the other 40% being retained to cover business related and relevant administration costs. 4. With any postponement or wedding date changes due to unforeseen circumstances, Justin Aitken shall honour all monies paid for the revised date, so long as Justin Aitken is still available on that revised date, and/or not already booked out by anyone else. In the event that a postponement occurs, a new wedding photography agreement is required to be completed, and any new or updated pricing will be applied to the new agreement. 5. All final image treatment, post production, processing, editing, styles, effects and overall look of the images is left to the discretion of Justin Aitken. Justin Aitken shall edit all images to match his style, but won’t perform any cosmetic manipulation in post production, i.e. skin softening, wrinkle removal, body slimming, tan line removal, teeth whitening, etc. If cosmetic manipulation or any additional processing is requested after delivery of images, this can be organised for an extra cost and may incur an additional fee. It is understood that final images shall not be altered or changed in any way (this includes any social media filters or editing app software). 6. Due to the length of the day & obvious time constraints, a dinner meal is required for Justin Aitken (& anyone else on Justin Aitken’s team). 7. In the event of a second photographer being added to your wedding package, the timings for their coverage generally start from getting ready of one of the parties, up until the start of the reception (usually, no longer than 6 hours is allocated or needed). These timings can be flexible depending on the logistics of the day. 8. It is understood that depending on the time of year and season, processing time and completion of wedding photographs can take anywhere from 4 to 15 weeks. 9. Credit card payments can be made via Paypal or Stripe, but do incur a 5% fee (charged from Paypal/Stripe). International Bank payments or money transfers are acceptable, but will incur fees from your bank, which Justin Aitken is not responsible for. 10. You are responsible for your own safety and actions on the wedding day and during the portrait bridal party session. Justin Aitken (& anyone else on Justin Aitken’s team) is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session. If for any reason Justin Aitken and/or his team feel uncomfortable and/or at risk (due to another person’s behaviour, for example) then they may leave the location and move to another and not be held liable for the lack of images during this time. Both you and Justin Aitken agree to communicate with each other to achieve the best possible result within the understanding of this contract. 11. It is understood that Justin Aitken shall not be responsible for covering any costs / permissions required that are involved or relating to any specific desired locations (such as national parks, public gardens etc.) for any photography sessions, and that Justin Aitken is not liable to cover any such related costs. 12.1 Force majeure: Neither party, i.e. you or Justin Aitken, shall be liable for any failure, delay, loss or damage in complying with any obligation imposed on that party under this agreement if the failure or delay arises directly from an event or circumstance beyond that party's control (force majeure event) and not arising from the fault or insolvency of that party. The following are included as, but not limited to: An act of God; earthquake, flood, tsunami, fire, storm and adverse weather conditions or natural events for which provision could not reasonably have been made; interruption or failure of any utility services, interruption to transportation including delays or cancellations in any organised travel, or unpredictable delays which could not reasonably be prevented in delivery of materials, equipment or services necessary for the compliance by that party with an obligation under this agreement; sabotage, riot, civil disturbance or commotion, accidents, armed conflict, explosion, terrorist acts, insurrection, epidemic, pandemic, national emergency (whether in fact or law) or act of war (whether declared or not); act or omission of any authority not directly or indirectly arising from any act or omission by that party, its agents, representatives or advisors; governmental restraint, intervention of a government or health organisation, sanction, expropriation, prohibition, intervention, direction or embargo; labour disputes, strike, lockout, work stoppage or other labour hindrance; or any other cause outside of Justin Aitken's control. 12.2 Unforeseen circumstances related to Covid-19: Relating to forced changes, alert level changes and systems, and/or lockdowns from the government regarding Covid-19, Justin Aitken will offer to transfer the booking (and any date reservation fee or monies already paid) over to a new date at no cost, which Justin Aitken isn't already booked out for with another client. If a new date can’t be agreed by both parties, Justin Aitken reserves the right to source another suitable and associate photographer for the proposed new date. If, in the case of another suitable photographer being provided, Justin Aitken has the option to ensure complete control over final editing, post production and treatment of all digital photographs. Failing the above two options, 30% of any date retaining fees/monies paid will be returned, with the remaining 70% held to cover administration costs and any loss of business. Should the booking and date happen during a period where the wedding would be restricted to less than 100 people in attendance, date reservation fees and monies paid will not be refunded if you decide to cancel the wedding due to your own personal reasons, or if international guests outside of New Zealand cannot attend. 13. It is recommended that Justin Aitken be provided with a helper, who knows most of the people from the wedding group (usually the best man or MC is most suitable), simply to help organise key individuals to be photographed for the family photograph session. It is understood that in the unlikely event that a wedding guest or family member disagrees to, or disapproves of being photographed, then Justin Aitken cannot be held responsible for the lack of images of said person. 14. It is understood that Justin Aitken requires sufficient warning of key events at the wedding to give suitable and enough time to prepare for capturing any necessary or important moments e.g. bouquet throwing, cutting of the cake, speeches, first dance, and/or any other important formalities or surprises. 15. It is understood, that if any additional time to your chosen package allocated hourly time be required, it will be invoiced to you after the wedding date, at a rate of $495 per the hour. 16. Exclusivity: In order to provide the best service and photographs possible, Justin Aitken Photographer must be the only vendor offering a photography service at the wedding. Other vendors offering photography as an 'add-on' to their primary service, are not permitted. Amateur or professional photographers who are guests/family members are welcome to capture some moments at your discretion, however Justin Aitken Photographer will request that this ceases, if the guest/family member is hindering or inhibiting the ability for Justin Aitken Photographer to document the wedding effectively. Justin Aitken Photographer cannot be held responsible for moments missed or compromised due to interference by other wedding guests, or vendors. Justin Aitken Photographer has full exclusivity to all social media platforms to be the first vendor to show professional photographs from the day. 17. Justin Aitken is not liable for any loss of digital images beyond the final delivery of all products included in the package. While Justin Aitken currently maintains backups of all digital images, it is recommended that you also keep backup versions of your copies in case of unexpected loss of his or your own copies. 18. Justin Aitken and any employees or sub-contractors retain the right to refuse flying, boating, helicopters and use of other vehicles if safety is a concern. This decision is the right and discretion of the individual photographer/videographer.