BOOKING AGREEMENT & STANDARD TERMS OF SERVICE

The Booking Agreement & Standard Terms of Service protect your rights to professional service and the photographer, make-up artists, and hair stylist's business continuity.

Booking Agreement

1. SITTING AND RESERVATION FEES:

1.1 Bookings are accepted on a first-come, first-served basis. To secure a photo shoot sitting, a sitting fee or, in the case of a gift voucher covering the sitting fee, a reservation fee is mandatory.

1.2 Upon confirmation and payment of the sitting fee and/or reservation fee, Sarahlee Studio will reserve the agreed time and date, arrange hair and make-up artist(s) on the client's behalf, and decline other bookings for that designated time and date.

1.3 The Sitting/Reservation Fees are non-refundable, irrespective of date changes or photography cancellations initiated by the client, including occurrences such as acts of God, poor health, fire, strike, and/or extreme weather.

1.4 In the event of rescheduling, the client forfeits the sitting/reservation fee, necessitating the payment of a new fee for the rescheduled booking.

1.5 Sitting Fees cover professional hair and make-up, full use of the studio wardrobe, posing instruction, and the client's time in the studio. Print credit is not included unless otherwise specified. The Reservation Fee is converted to print credit if the photo shoot proceeds as originally booked.

2. CANCELLATION:

2.1 If the client cancels photography services outlined in this agreement before the scheduled date, Sitting/Reservation fees will be forfeited.

2.2 Refunds for cancellations outside of three weeks from the photo shoot date are subject to the photographer's sole discretion.

3. STANDARD TERMS OF SERVICE:

3.1 Sarahlee Studio employs the New Zealand Institute of Professional Photography's Standard Terms Form, signed by the client at the commencement of the photoshoot.

3.2 Should the client desire image confidentiality, notification to the photographer will result in the exclusion and counter-signing of clauses 2a, 2b, 2c, and 2d in the studio.

4. PAYMENT FOR IMAGES (DIGITAL AND PRINT):

4.1 The total amount payable for images is determined by the client's selections at the sales appointment, as outlined in the GST invoice.

4.2 Payment options include Eftpos, Credit Card, Bank Transfer, or Lay-by. Due to the digital nature of photography, full payment is mandatory before the delivery of any images/products.

Standard Photographic Terms & Conditions of Engagement

1. INSTRUCTIONS MUST BE IN WRITING

1.1 The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed in writing.

2. LICENCE GRANTED TO CLIENT

2.1 Except as may be expressly provided in the Agreement, the copyright in all Photographic Works resulting from the Booking/Order remains the property of
the Photographer. The Photographer does not accept commissions to create Photographic Works. These terms override section 21 (3) of the Copyright Act 1994.
2.2 The Photographer grants the Client a non–exclusive Licence to use those parts of the Photographic Works selected by the Photographer and presented to the Client. The Licence includes the right (if any) to reproduce and publish the Photographic Works for the purposes, territories and time periods specified in the Booking/Order, subject to these terms and conditions.
The Client shall have the right to seek further Licences for use or reuse of
any Photographic Works, which shall not be unreasonably refused by the Photographer but is subject to agreement of a reasonable fee for that Licence.
2.3 If the Photographic Works have been produced for an Advertiser named in the Agreement, the Photographic Works may only be used by the Advertiser. The Client must ensure that the Advertiser complies with the Client’s obligations and all other terms and conditions of the Agreement.
2.4 The Client acknowledges that the Photographer always retains the right to use the Photographic Works in any manner at any time and in any part of the world for the purposes of:
1. a Entering the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
2. b Advertising or otherwise promoting the Photographer’s Work, including through the use of social media; and
3. c Submitting the Photographic Works for display in art galleries or other premises; and
4. d Using the Photographic Works for any other purpose within the Photographer’s business activities.

3. CONDITIONS OF LICENCE

3.1 This Licence to use, and the right to use the Photographic Works commences from the date of full payment of all amounts owed to the Photographer in relation to the Photographic Works and the Agreement, except where the Photographer gives express written permission.
3.2 This Licence must not be assigned to any third party without the Photographer’s prior written permission (which shall not be unreasonably refused), but may be sublicensed by the Client to the Advertiser named in the Agreement (if any) on the same terms and conditions of this Licence (excluding any further right to sublicense).
3.3 The Client is entitled to:
1. a Manipulate, distort or make other alterations to the Photographic Works
  (including overprinting by text or other Photographic Works), unless this right
  is expressly excluded in the Agreement; and
2. b Use only a portion of the Photographic Works.
3.4 Copyright in any new Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Works shall remain with the Photographer and shall be licensed to the Client on the same terms and conditions of the Agreement.
3.5 Any breach of the Agreement by the Client (or by the Advertiser, with the Client’s knowledge) which results in damage to the professional reputation of the Photographer, entitles the Photographer to compensation from the Client for that damage in addition to any other remedies available to the Photographer.

4. ASSIGNMENT OF COPYRIGHT

4.1 Where the Agreement specifies that copyright in the Photographic Works is assigned to the Client in consideration for the Client’s payment for those Works:

a The Photographer assigns to the Client copyright in the Photographic Works from the date of full payment of all amounts owed to the Photographer in relation to the Photographic Works and the Agreement;
b It is the responsibility of the Client to obtain all model releases, moral right waivers and privacy waivers necessary for the use of the Photographic Works;
c The Client agrees to indemnify the Photographer in respect of any loss, claims, damages or expenses (including costs incurred on a solicitor client basis) incurred by the Photographer arising from any use of the Photographic Works; and
d The Photographer retains the rights described in clause 2.4 and clause 5 of these terms and conditions.

5. MORAL RIGHTS

5.1 The Photographer asserts moral rights, including attribution rights, in respect of the Photographic Works (unless expressly waived in the Agreement in writing). Each use of any Photographic Work by the Client, including where the Client publishes or otherwise uses the Photographic Works on social media, must be accompanied by an adjacent credit line acknowledging the Photographer’s name and copyright in the Photographic Works in the form specified in the Agreement, or if not so specified, then in a form approved in writing by the Photographer.
5.2 If the Client fails (for whatever reason) to provide the attribution described in clause 5.1, then in addition to all other rights under the Agreement or at law, the Client shall be liable to pay a non-attribution fee calculated at 200% of the Photographer’s fee, which the Client acknowledges and agrees to be a fair and reasonable pre-estimate of the loss suffered by the Photographer.

6. DATA PRESERVATION

6.1 The Client’s right to use the Photographic Works under the Licence does not include the right to remove, alter or otherwise affect any rights information accompanying or relating to the Photographic Works, including (without limitation) any notices or metadata accompanying or part of the Photographic Works recording creator details, copyright ownership or publication status

of the Photographic Works. The Client shall not alter or remove any notices attached to the Photographic Works and shall take all reasonable steps to respect and preserve the Photographer’s copyright and other rights. Where the Photographer has placed restrictions on access to or use of the Photographic Works, the Client shall not defeat (or attempt to defeat) such restrictions.

7. STORAGE AND BACKUPS

7.1 The Client acknowledges that the Client is responsible for the storage and backup of the Photographic Works supplied by the Photographer. While the Photographer will follow its usual backup procedures (if any) upon delivery of the Photographic Works, the Photographer shall not be liable under any circumstances if unable to produce backups or future reproductions of the Photographic Works upon the request of the Client. Where backups are available, these may be made available to the Client for a fee.

8. PRIVACY AND PERSONAL INFORMATION

8.1 As part of creating the Photographic Works, the Photographer may collect and retain personal information about the Client. The personal information may be used by the Photographer for communicating with the Client for any purpose relating to the Photographic Works (including arranging third party services), direct marketing and in connection with these terms and conditions.
8.2 The Client authorizes the Photographer to collect, retain, use personal information for these purposes (including assessing credit worthiness), and to disclose that information to any person or entity for these purposes.
8.3 Personal information collected by the Photographer shall be retained in the Photographer’s database. The Client may access and request correction of any of the Client’s personal information by contacting the Photographer.
8.4 Where section 105 of the Copyright Act 1994 applies, the Photographer shall obtain any necessary consent in accordance with section 107 of that Act, provided however that the Client agrees that the Photographer has the rights described in clause 2.4 unless those rights are expressly excluded in the Booking/Order.

9. PAYMENT

9.1 The Client shall pay the Photographer the various amounts payable in accordance with the Booking/Order and the Agreement. If the Photographer’s fee and expenses are not estimated in advance, or for any goods or services different or additional to the Booking/Order, then the Client shall pay the amount invoiced by the Photographer in accordance with the Photographer’s Price List. The Photographer may require a deposit or payment of part or all of the amounts due in advance. Unless otherwise specified in the Agreement, payment of all other amounts are due within 7 days of invoice.

10. JOB-RELATED COSTS

10.1 The Client shall reimburse the Photographer for all Job-Related Costs. Where the Photographer makes payment to others on behalf of the Client, the Photographer may add a service charge or commission, determined at the Photographer’s absolute discretion. Unless otherwise specified in the Agreement, the Client must pay all Job-Related Costs and service charges/ commissions to the Photographer within 7 days of invoice. The Client is not entitled to any property in:
1. a Any artistic works or other materials created or supplied by the Photographer to support the Photographic Works; or
2. b Any materials used for the creation of an artistic work, which are commissioned or arranged by the Photographer; or
3. c Any goods used in supporting the Photographic Works
10.2 Such goods, materials, authored or artistic works shall remain the property of
the Photographer, unless otherwise specified in the Agreement.

11. URGENT WORK

11.1 Where the Client requires Photographic Works on an urgent basis (which includes where the Photographer is unable to re-shoot or correct a shot because of an urgent deadline) the Photographer will not be liable for any losses or damages arising out of the inability to carry out a re-shoot or the costs of arranging a re-shoot.

12. CHANGES TO THE ESTIMATE

12.1 Estimates of fees and Job-Related Costs are estimates and not firm quotations and are liable to alteration. The Photographer must bring any increase to the estimate, of 10% or more, to the attention of the Client. Any change to the job specifications made or agreed by the Client may alter the fees and Job-Related Costs.

13. OVERDUE PAYMENTS

13.1 In the event that any monies are not paid in full on the due date, the Photographer shall be entitled to:

a Charge interest at a rate of 2.5% per month or part month overdue on any amounts outstanding;
b Recover any debt collection costs and related legal expenses (on a solicitor-client basis); and
c Suspend any further work until all amounts owing and any costs incurred are paid in full.

14. CANCELLATION

14.1 When a Booking/Order is confirmed by the Client, the Client becomes liable for payment to the Photographer and the Photographer becomes liable to complete the shoot.
14.2 Cancellation of the Booking/Order by the Client must be in writing and must give reasonable notice to the Photographer. Subject to any specific terms in the Agreement, if the Client cancels the Booking/Order:
1. a Within 1 working day of the booked shoot day, the Client must pay a fee of 100% of the Photographer’s fees
2. b Giving notice of cancellation of greater than 1 working day and within 3 working days of the booked shoot day, the Client must pay a fee of 50% of the Photographer’s fees.
3. c Giving notice of cancellation of greater than 3 working days and within 1 week of the booked shoot day, the Client must pay a fee of 25% of the Photographer’s fees.
4. d The Client must pay the Photographer for all Job-Related Costs incurred.
14.3 The Client acknowledges and agrees that these cancellation fees fairly reflect the
loss suffered by the Photographer and the Photographer’s ability to re-schedule work and re-allocate resources, depending upon the amount of notice given.

15. POSTPONEMENT

15.1 Subject to any specific terms in the Agreement, if the Client postpones or changes the date of the Booking/Order, the following shall apply:

a Within 1 working day of the booked shoot day, the Client must pay a fee of 50% of the Photographer’s daily fee for each day which is postponed.
b With more than 1 working days’ notice, the Client must pay a fee of 25% of the Photographer’s daily fee for each day which is postponed.
c The Client must pay the Photographer for all Job-Related Costs incurred.

15.2 The Client acknowledges and agrees that these cancellation fees fairly reflect the

loss suffered by the Photographer and the Photographer’s ability to re-schedule work and re-allocate resources, depending upon the amount of notice given.

16. WEATHER CONDITIONS

16.1 A weather-permitting booking must be agreed between the Client and Photographer prior to the shoot. Upon postponement or cancellation of a shoot due to bad weather the Client must pay the Photographer all Job- Related Costs incurred up until the time that the shoot was postponed and 50% of the Photographer’s fee which was to be charged for the shoot. The Client is responsible for taking out weather insurance.

17. WORK SUSPENDED ON CLIENT’S INSTRUCTIONS

17.1 Where the Client instructs that work is to be suspended for a period of
30 days or more, the Client must, at the time of suspension, pay the Photographer for all work in progress and any Job-Related Costs incurred at that time.

18. RESPONSIBILITY FOR CONTRACTORS

18.1 The Client is responsible for making all payments (including rollover fees) and fulfilling all other obligations to contractors.
18.2 Where contractors are models, the Client is responsible for obtaining all necessary model releases. To ensure proper recording of others’ intellectual property rights, which may be part of the Photographic Works, the Client shall, on a request by the Photographer, provide evidence of these model releases to the Photographer.
18.3 Where the Client requests the Photographer to engage contractors, the Photographer shall do so as agent for the Client and the Client indemnifies the Photographer against all costs, disbursements and other obligations arising from that agency.

19. CLIENT PROPERTY AND MATERIALS

19.1 Client property and all property and material supplied to the Photographer by or on behalf of the Client is held at the Client’s risk and the Photographer accepts no responsibility for the maintenance or insurance of that property or material.
19.2 The Client must pay any sum charged or incurred by the Photographer for handling or storing property or material supplied by or on behalf of the Client.
19.3 Where property and materials are left with the Photographer without specific instructions, the Photographer may dispose of them at the end of six months from the date of receiving them and retain the proceeds.

20. CLIENT CONFIDENTIALITY

20.1 The Client must advise the Photographer as to whether any material or information supplied is of a confidential nature. The Photographer will
keep that material or information confidential, except where disclosure is reasonably necessary to enable the Photographer to perform the Agreement.

21. INDEMNITY

21.1 The Client undertakes to indemnify the Photographer for any loss, claim, damage, or expense (including costs incurred on a solicitor client basis) suffered or incurred as a result of:
1. a Any breach by the Client of the Agreement;
2. b Any illegal or defamatory Photographic Works produced for the Client;
3. c Any infringement of an intellectual property right of any person; or
4. d In recovering any moneys due.
21.2 Such loss, claim, damage or expense shall be moneys due for the purposes of these terms and conditions.
21.3 The Client is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.

22. COLOUR VARIATION

22.1 The Client releases the Photographer from any and all liability relating to colour reproduction of supplied works on any system not under the direct control of the Photographer. Where the Photographer supplies the Client with photographic prints, the Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used, and releases the Photographer from any liability for any claim based upon fading or discolouration. Where a colour is unable to be reproduced accurately due to limitations in capture and output technology, the Client releases the Photographer from any and all liability in regard to colour reproduction.

23. QUALITY OF PHOTOGRAPHIC WORKS

23.1 Where Photographic Works are not of an acceptable technical quality, making it unfit for the purpose of its specified use, then no fee or Job-Related Costs are due to the Photographer. The Photographer has the right to rectify the defect within a reasonable time, having regard to the urgency of the work. If rectified, the Photographer is entitled to be paid the full fee and Job-Related Costs, but may not charge the Client any extra fee or cost for rectifying the defect.
23.2 Where there is a representative of the Client at the shoot, the representative
is responsible for the direction of the work. Acceptance of the work by this representative is confirmation that the Photographer has satisfied the artistic quality and interpretation requirements of the shoot. If the representative is not at the shoot then the Photographer’s judgement is absolute within the limits (if any) imposed by any documented agreements on the nature of the intended work.
23.3 If the Photographer produces Photographic Works that are in the same style and structure as the Photographer’s past work (by reference to the Photographer’s portfolio), the Client is deemed to have accepted the Photographer’s artistic interpretation.
23.4 If there is a dispute as to artistic interpretation, which is unresolved after good faith discussions between the Photographer and the Client, and where the Photographer is a member of a recognised photographic association or society, the chief executive (or equivalent) of that association or society shall determine the dispute. That decision shall be final and binding.

24. CONSUMER GUARANTEES ACT 1993

24.1 The Consumer Guarantees Act 1993 may apply to the Photographic Works provided by the Photographer, if the Client acquires those Photographic Works for personal, domestic or household use or consumption. If this Act applies, nothing in the Agreement will limit or exclude the Client’s rights under this Act.
24.2 If the Client is acquiring the Photographic Works for business or trade purposes, then the Client’s rights are subject to the Agreement only and the Consumer Guarantees Act 1993 shall not apply.

25. PHOTOGRAPHER NOT LIABLE FOR LOSSES

25.1 Except as provided by the Consumer Guarantees Act 1993, the Photographer shall not be liable for:

a Any loss or damage arising by reason of any delay in the completion of the Photographic Works; or

b Any loss of profits or revenues; or
c Any indirect or consequential loss of whatever nature; or
d Any loss resulting from any errors or omissions arising from an oversight or

a misinterpretation of a Client’s verbal instructions.

26. LIABILITY OF PHOTOGRAPHER LIMITED

26.1 Subject to clause 24, the Photographer’s liability to the Client for any and all costs, loss or damage suffered by the Client, however caused (including negligence), arising out of or connected with the performance or failure of performance of any Photographic Works or photographic services supplied by the Photographer, shall not exceed the full value of the payments made by the Client under the Agreement.

27. HEALTH AND SAFETY

27.1 The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, its own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others. Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by the Photographer.

28. FORCE MAJEURE

28.1 Except for an obligation to pay money, neither the Client nor the Photographer shall be liable for any act, omission or failure to fulfil its obligations, or
any loss or damage arising directly or indirectly due to an act of God, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather or any other cause outside the Photographer’s control.

29. DISPUTE RESOLUTION

29.1 The Photographer and the Client agree to use their best efforts to resolve any dispute which arises through good faith negotiations.
29.2 Either party may raise a dispute by written notice to the other party. Within
3 working days of receipt of a dispute notice, the parties shall meet (or otherwise communicate if meeting is not practicable) and attempt to resolve the dispute through good faith negotiations on a ‘without prejudice’ basis.
29.3 Neither party may commence any litigation in relation to the dispute unless
14 days have passed since the parties met (or otherwise communicated) and endeavoured in good faith to resolve the dispute on mutually acceptable terms.

30. CONFLICTS

30.1 In the event of a conflict or inconsistency between these terms and conditions and the Booking/Order, the Booking/Order shall prevail.

31. GOVERNING LAW

31.1 These terms and conditions are governed by, and to be construed in accordance with New Zealand Law. The Client irrevocably submits to the exclusive jurisdiction of the New Zealand courts.

32. ENTIRE AGREEMENT

32.1 The Booking/Order, together with these standard terms and conditions and any other special conditions agreed in writing between the parties, shall constitute the entire Agreement between the parties.
32.2 Each Booking/Order made by the Client shall (together with these standard terms and conditions and any other special conditions agreed in writing between the parties) constitute a separate Agreement between the parties.
DEFINITIONS
For the purposes of the Agreement, the following definitions shall apply unless the context requires otherwise:
Advertiser: means the end user of the Photographic Works where the Photographer is engaged to produce the Photographic Works by an advertising agency, design firm, or other intermediary.
Agreement: means the Booking/Order, together with these standard terms
and conditions and any other special conditions agreed in writing between the parties.
Booking/Order: means an order or request by the Client for the production, supply or viewing of Photographic Works, including (without limitation) bookings, orders, quotes, estimates, proposals, and appointments made for a shoot, sitting or viewing.
Client: means the person or entity listed on the Booking/Order who engages or instructs the Photographer to produce Photographic Works.
Job-Related Costs: means any costs and expenses incurred by the Photographer on the Client’s behalf in providing photographic services or in the creation of the Photographic Works.
Licence: is a right granted by the Photographer to the Client to use the copyright works of the Photographer on the terms set out above.
Photographic Works: means the deliverable works specified in the Booking/ Order and created or supplied by the Photographer, including photographs, photographic prints, moving images (video), transparencies, negatives, digital files, and images in any form or medium.
Photographer: means the photographer and where the context requires may include, the studio, photographic company, employees or sub-contractors. Price List: means the Photographer’s list or schedule of prices for goods and services at the date of the Agreement.

Layby Agreement Terms and Conditions

1.Definitions

1.1. Product Value: The Product Value is the print order value as invoiced at the reveal appointment.

1.2. Deposit: The Deposit is 10% of the Product Value.

1.3. GoCardless Fees: The GoCardless Fees is the transaction fee, which is 1% of the

Product Value. (at the date of this Agreement but may change from time to time)

1.4. Administration Fee: The administration fee is $50, charged upon cancellation of this agreement.

2. Your right to cancel

2.1. The Purchaser may cancel this Agreement at any time by providing written notice to the Vendor.

2.2. Due to the custom nature of photography, upon cancellation, all funds paid by the Purchaser up to the date of cancellation will be forfeited. No refunds will be provided.

2.3. The Purchaser is entitled to receive products to the value of the funds paid up to the date of cancellation, less the administration fee ($50).

3. Missed Payments and Vendor Cancellation:

3.1. If the Purchaser misses five instalment payments within the term of the agreement, or three consecutive payments, the Vendor reserves the right to cancel the agreement without further notice. In such cases, all funds paid by the Purchaser up to the date of cancellation will be forfeited. The Vendor shall provide written notice of cancellation to the Purchaser and the Purchaser is entitled to receive products to the value of the funds paid up to the date of cancellation, less the administration fee ($50).

3.2. The Purchaser is encouraged to contact the Vendor promptly if they anticipate difficulty-making payments or if they miss a payment. The Vendor will work with the Purchaser to adjust the payment plan or otherwise remedy the situation, subject to mutual agreement.

3.3. The Vendor may, at its sole discretion, reinstate the agreement after cancellation upon the Purchaser's request, subject to the payment of any outstanding amounts, late fees, or penalties, and the Vendor's approval.

3. Change of Product

3.1. The products that are being paid for pursuant to this Agreement cannot be changed once the Vendor has ordered their creation, products are ordered 1 month prior to the completion of Instalment Payments.

3.2 Any change products prior to ordering must be in writing. The Purchaser’s request will be considered by the Vendor, at the Vendor’s sole discretion and is subject to availability, and the Purchaser will be advised of the Vendor’s decision within 5 working days (Vendor’s Notice) of receiving the request.

4. Instalment Payments

4.1. The Purchaser may request changes to the Instalment Payment, including frequency of payment, Payment End Date, and Instalment Payment amount.

4.2. The Purchaser’s request may not extend the Payment End Date to more than 24 months from the date of this Agreement.

4.3. The Purchaser’s request will be considered by the Vendor, at the Vendor’s sole discretion, and the Purchaser will be advised of the Vendor’s decision within 5 working days (Vendor’s Notice) of receiving the request.

4.4. Should the Vendor agree to the Purchaser’s request to change the Instalment Payment, the change(s) will take effect from the next Instalment Payment amount that falls due after the Vendor’s Notice.

5. Statements

5.1. At any time, the Purchaser can request a statement of account for this Agreement. The statement of account will be provided to the Purchaser by the Vendor within 5 working days of receiving the request.

6. Payment prior to delivery

6.1. The Total Amount Payable must be paid prior to the Vendor delivering products.

Website Terms and CONDITIONS

Welcome to Sarahlee Studio.

Sarahlee Studio (the “Site”) is owned and operated by Sarahlee Studio (COMPANY, we, our or us). It is available at www.sarahleestudio.co.nz (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern your, the person, organisation or entity that uses our Site (referred to as you or your) use of our Site and form a contract between you and us if you use the Site. If you have any questions, please contact us using the contact details below. Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.

1. INFORMATION

The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

2. AMENDMENT

The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

3. YOUR WARRANTIES

You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.

4. LICENCE TO USE THE SITE

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for

your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

5. PROHIBITED CONDUCT

You must not:

(a) Use the Site for any activities, or post or transmit any material from the Site unless you hold all necessary rights, licences and consents to do so; that infringes the intellectual property or other rights of any person; that would cause you or us to breach any law, regulation, rule, code or other legal obligation; that defames, harasses, threatens, menaces, offends or restricts any person; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or that would bring us, or the Site, into disrepute;

(b) Interfere with or inhibit any user from using the Site; Use the Site to send unsolicited email messages; Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or Facilitate or assist another person to do any of the above acts.

6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Our Site contains material which is owned by or licensed to us and is protected by New Zealand and international laws, including but not limited to the images, graphics, appearance, layout, trademarks, trade names, software, content, design, and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site. You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, displayed on the Site without the express written permission of the owner. You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

altering or modifying any of the code or the material on the Site;

causing any of the material on the Site to be framed or embedded in another website;

creating derivative works from the content of the Site;

or using the Site for commercial purposes.

7. REPUBLISHING

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the

following grounds:

you must make no alterations to the material;

you must attribute the material to our Site, including linking back to our Site;

and you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

8. PRIVACY

We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.

9. YOUR CONTENT

If you choose to add any content on the Site, you: warrant to us that you have all necessary rights to post the content; grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

10. THIRD PARTY INFORMATION

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

11. THIRD PARTY LINKS AND WEBSITES

This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

12. RESERVATION OF RIGHTS

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

13. DELAYS AND OUTAGES

We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

14. LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and New Zealand Consumer Laws to the extent applicable.

15. DISCLAIMER

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

the completeness, accuracy, reliability, suitability or

availability of any Information, images, products, services, or

related graphics contained on the Site for any purpose;

Third Party Information; or Third Party Sites.

You read, use, and act on information contained on the Site,

Third Party Information and/or Third Party Sites, strictly at your own risk.

16. INDEMNITY

By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and

agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:your use of or access to the Site; any breach by you of these Terms; or any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

17. BREACH

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

18. EXCLUSION OF COMPETITORS

You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.

19. ENFORCEABILITY

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

20. FURTHER ASSURANCES

Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

21. TERMINATION

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

22. DISPUTES

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

23. JURISDICTION

Your use of the Site and any dispute arising out of your use of it is subject to the laws of New Zealand. The Site may be accessed throughout New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

24. GENERAL

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

For questions and notices, please contact us at:

Sarahlee Studio

feelbeautiful@sarahleestudio.co.nz

027 459 7280

Privacy Policy

This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through www.sarahleestudio.co.nz (Site) or directly from you, being the person, organisation or entity that uses our Site (referred to as you or your). Please read this Privacy Policy carefully. Please contact us if you have any questions – our contact details are at the end of this Privacy Policy. You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it. You can unsubscribe at the bottom of any email from Sarahlee Studio, or contact us at

feelbeautiful@sarahleestudio.co.nz

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and/or services offered on it.

1. COLLECTION OF PERSONAL INFORMATION

Personal information: The type of information we collect may include contact details including name, email address, address and telephone number, Skype name, marital status, date of birth, demographic information such as postcode, preferences and opinions, business ideas; and any other information requested on this Site or otherwise requested by us or provided by you. Your use of our Site: As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

Your opinion and feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you. If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

2. COLLECTION AND USE OF PERSONAL INFORMATION

We collect and use the information for purposes including:
to contact and communicate with you;
for internal record keeping;
for market research and business development including website development;
for marketing including direct marketing;
to run competitions or offer additional benefits to you;
to send you promotional information about third parties that we think may be of interest to you;
and for data analytics purposes.

3. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We may disclose personal information to: credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them; courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you – which may include parties located, or that store data, outside of Australia; and third parties to collect and process data including but not limited to Google Analytics – which may include parties that store data outside of Australia. Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith. You consent to us disclosing your personal information for these purposes.

4. YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION

Choice and consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for these purposes. Your provision of third party information: If you provide us with third party personal information then you warrant to us that you have the third party’s consent to provide this.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting

us at the email address listed in this Privacy Policy. Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

Complaints: If you believe that we have breached the New Zealand Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us using the details below.

5. STORAGE AND SECURITY

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6. COOKIES & WEB BEACONS

We may use cookies on this Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie. We may use web beacons on this Site from time to time. Web beacons or clear .gifs are small pieces of code placed on a web page to monitor the visitors’ behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use Google Analytics and similar software and services to collect and process your data from time to time. Information about how Google uses your data is located at www.google.com/policies/privacy/partners or any other URL which Google may provide from time to time.

7. LINKS TO OTHER WEBSITES

Our Site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

8. AMENDMENTS

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our Site following any amendments indicates that you accept the amendments. You should check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.