General
Colin Bax Photography intends to display everything on this website accurately and completely; however, no rights can be derived from the information posted on this website. Colin Bax Photography accepts no liability for any damage resulting from the use of this site or the use of (image) information provided therein. Colin Bax Photography cannot be held liable for material or immaterial damage during a photo shoot on location or in the studio. The photos on Colinbaxphotography.NZ and the photos on Colin Bax Photography's social media channels may only be used by the owner, Colin Bax. Visitors may view these photos but are not permitted to use them in any way whatsoever without written approval from Colin Bax Photography. By using the services of Colin Bax Photography in any way, you automatically agree to these terms and conditions. If you object to these terms and conditions, you can only submit them in writing and prior to the report or service. Colin Bax Photography reserves the right to amend these terms and conditions at any time. If the client refuses to accept these terms in any way, Colin Bax Photography reserves the right to terminate the collaboration at any time.
Colin Bax Photography is not liable for any damage incurred by the other party, unless there is gross negligence or intent on the part of the Photographer or persons engaged by them. Liability is in any case limited to the invoice amount or, if and insofar as there is insured damage, to the amount actually paid out under the insurance policy. Under no circumstances can any claim for damages be made against the photographer, in any way whatsoever.
Colin Bax Photography is not liable for damage caused by information sent by customers, in any way whatsoever.
Colin Bax Photography is not liable for color deviations or photo prints in products not supplied by them. Colin Bax Photography is not liable for the delivery of fewer or inferior photos than usual due to unforeseen circumstances beyond the photographer's control. Consider uncooperative children, unfollowed instructions, weather conditions, etc.
Complaints regarding the work delivered must be submitted to the photographer in writing as soon as possible, but in any case within ten business days of delivery of the photos. The photographer reserves the right to replace rejected work within a reasonable timeframe.
Refunds are not possible under any circumstances. If you are not satisfied, a new appointment may be made to achieve the desired result. This is only possible if an official complaint has been filed within 10 days.
You are responsible and liable for yourself and your property during the photo shoot. Damage to yourself, your property, or to others cannot be recovered from the photographer in any way. Participation in a photo shoot and/or workshop is entirely at your own risk.
Cancellation policy
In case of illness or cancellation, appointments can be rescheduled free of charge at least 24 hours prior to the service. If the client cancels a booked service, the photographer will charge 25% of the agreed-upon total price. If Colin Bax Photography is unable to keep the appointment due to illness, for example, it will be rescheduled with you free of charge. Suspension or termination of the agreement will be communicated in writing or by email.
If circumstances prevent the photographer from completing the assignment on the agreed-upon date, the photographer will, if necessary, arrange for a replacement photographer or, if possible, agree on a new date. In the event of inclement weather, rain, and/or thunderstorms, the service scheduled to take place outdoors will be rescheduled.
Portrait rights
The photographer reserves the right to use the works for their own promotional purposes and publications, including, but not limited to, their website and blog, portfolio, advertisements, social media, magazine articles, printed materials, and exhibition materials, unless otherwise agreed. The photographer reserves the right to license the works to third parties for promotional purposes. Objections to the publication of portraits must be communicated to the photographer in writing prior to the agreement. Deviating agreements will be recorded in writing.
Copyright
The copyright of the photos remains with Colin Bax Photography at all times. The client grants Colin Bax Photography permission to use the client's photos for promotional purposes online and in print. The client will not receive any compensation or refund for this. It is not permitted to post received digital files online in any format other than that provided by Colin Bax Photography. After receiving the digital photo files, the client has the right to reproduce them for personal use. It is not permitted to use files for commercial or non-profit purposes. Colin Bax Photography will delete the digital files resulting from the photo shoot from its archive/storage after three months.
The copyright of the photos remains with the photographer; therefore, no photo may be published without the photographer's permission and without attribution.
Forwarding photos to commercial parties (e.g., suppliers) is not permitted. If such a party wishes to use photos for commercial purposes, they must contact Colin Bax Photography in advance. In the event of non-compliance with this condition, the photographer is entitled to compensation of at least three times the license fee normally charged by the photographer, without losing the right to compensation for other damages suffered.
Print shop
In the print shop/web shop of Colin Bax Photography you will be automatically redirected to the website Pixieset.com (EN). The customer is responsible for correctly selecting and entering the material, dimensions, personal data, delivery address, etc. All questions, comments and/or corrections will be discussed by the customer with Pixieset's customer service. Colin Bax Photography is never, in any way, responsible and/or liable for color deviations, misprints, damaged items, deliveries and any other work carried out/outsourced by Pixieset. Payment will take place between the customer and Pixieset. After you have been automatically redirected to the website Pixieset, the general terms and conditions drawn up by Pixieset apply.
Photo files and deliveries
Each delivery includes high-resolution digital JPG or PNG files, without logos or watermarks. You will receive the selected photos in color, unless otherwise agreed. Additional JPG files can be ordered up to three months after delivery for $10 per photo. Unedited and/or RAW files are not available. Delivery will be made via WeTransfer.
Payment of the compensation
All fees can be paid on location via Tikkie after the photo shoot. Additional photo files or products ordered after the photo shoot must be transferred to the seller. Products will only be delivered once payment has been received. Unless otherwise stated, prices exclude travel expenses.
Colin Bax Photography will send the client an (electronic) receipt for the amount owed, unless otherwise agreed.
A deposit is only required if expressly agreed upon.
Unless otherwise agreed, the payment term is 7 days from the receipt date.
Licenses
Definitions:
Photographer: the creator of the image.
User: the person who wishes to use an image for a fee.
License: the right to use an image for a fee and under the agreed-upon terms.
License period: the term of use as agreed between the photographer and the user.
Attribution: the photographer's name is mentioned next to or below the image when publishing the image.
Exclusivity: the sole right to use an image.
Online use: use in newsletters, social media, on websites, etc.
Print use: use for publication in a magazine, newspaper, brochure, etc.
Editorial use: use of the image to illustrate a news report or informational story, in a flyer, brochure etc. If the image depicts people and they are photographed in a public space, their permission is not required. However, people may not be placed in a false or negative context.
Commercial use: Use of the image in a commercial context, for example advertising campaign, or on a company website. If the image depicts (recognizable) people, buildings, or brands, portrait rights and/or copyright apply, and agreements must be made with the person depicted or the owner of a trademark or design.
General
All rights, including copyright for texts and images on this website and for licensed material, remain with the photographer at all times. Permission from the photographer is required for use of the images, or a license (right of use) can be obtained for a fee. The license granted is non-exclusive, unless expressly agreed otherwise between the parties. If the parties have agreed to exclusivity, the images will not be licensed to others. The photographer does, however, reserve the right to use these images for portfolio purposes.
The photographer guarantees that the images on their website and the images licensed are original and created by them.
Licensed images are not watermarked upon delivery.
Use of the licensed images
A license grants the user the right to use the image for the purpose, circulation, and manner *) agreed upon in writing by the parties. All licensing options are listed in the table below.
Attribution must always appear next to or below the photo, even after obtaining a license, as follows: “Photo: Colin Bax (www.colinbaxphotgraphy.nz)“ *)
Modifications to an image, the creation/making of a derivative image, or derivative use of an image without prior permission from the photographer are not permitted (no mutilation). Sublicensing and relicensing are also not permitted. Use of the image in or on materials or designs distributed to third parties is prohibited, unless otherwise agreed by the parties.
At the start of the license agreement, the photographer makes the image material available to the user. This can be done by forwarding the files by email, or by enabling the user to download them.
For use, the user may download or copy the photo(s) to their computer's hard drive. After the agreed-upon license period* expires, the user will delete the photos and all copies thereof from all electronic and portable storage media and notify the photographer of the deletion.
Modifying the metadata and file name in any of the digital files, or adding any other information to the files, is prohibited.
Resale and forwarding of the license and/or images is prohibited.
Third party rights/use without permission
If the image contains an image of a person, brand, model or trade name, the user must ensure that the use does not in any way affect the rights of the person depicted, nor infringe the rights concerning the depicted brands, models or trade names.
The context of the image's publication may imply that the subject has a legitimate interest in objecting to publication, or that prior permission from a trademark or design owner is required. In that case, the user is responsible for obtaining permission for publication. The user indemnifies the photographer against all claims relating to infringement of intellectual property rights through the use of the image.
If the photographer's images are used without permission or a license, or in an unauthorized manner, the user will owe the photographer an immediately payable, non-refundable penalty. This penalty amounts to three hundred percent (300%) of the usual fee for such use, with a minimum of two hundred and fifty New Zealand Dollars ($250). This penalty does not preclude other legal remedies, including the right to additional compensation.
Licensing options and rates:
License (non-exclusive) for online use (websites, social media, email traffic)
Editorial use per photo
standard (min 5500x3500px) PNG or JPG $50.00
unless otherwise agreed in writing with the user.
Commercial use per photo
standard (min 5500x3500px) PNG or JPG $100.00
unless otherwise agreed in writing with the user.
License (non-exclusive) for use as print (magazine publication, wall print, brochure, etc.)
Editorial use per photo
standard (min 5500x3500px) PNG or JPG $200.00
unless otherwise agreed in writing with the user.
Commercial use per photo
standard (min 5500x3500px) PNG or JPG $300.00
unless otherwise agreed in writing with the user.
Attribution is required in all cases
, unless otherwise agreed in writing with the user.
Colin Bax Photography remains the owner of the images in all cases.
Exclusive license to be agreed upon
*) to be described in the license agreement
