Terms and Conditions
* Your session can only be booked and confirmed once the applicable retainer (50% – the balance is payable before the day of your session) and a signed copy of the agreement below has been received.
Terms and Conditions
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add to or change this agreement is to do so in writing and this change is to be agreed to and signed by both parties.
It is intended that each paragraph of this Agreement shall be viewed as separate and divisible, and in the event that any paragraph in these Terms and Conditions is found to be invalid, unlawful, void or unenforceable for any reason whatsoever such paragraph shall be severable from this agreement and the remaining paragraphs shall continue to be in full force and effect.
A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.
OFFICIAL PHOTOGRAPHER AND COOPERATION
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this agreement. The Photographer will not be held responsible for the uncooperative behaviour of any of the parties appearing in the final images. This includes but is not limited to people not smiling or otherwise following the Photographer’s directions.
Unless otherwise agreed in writing, the Photographer, her associates and / or employees will be the exclusive official photographer(s) retained by the Client for the purpose of photographing the contracted session / event(s).
The client specifically agrees that no cellphone or other devices will be used to take images during the session by anyone other than the photographer and/or her employees. Failure to adhere to this may result in the session being terminated immediately. In such a case the client will not be entitled to any refund.
The Photographer recommends that the Client identify to the Photographer important individuals during the event and during associated portraits, if they wish to have them photographed. The Photographer will not be held accountable for not photographing desired guests if there is no one to assist in identifying and gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer before the session or beyond the Photographer’s control.
PERMISSION TO PHOTOGRAPH
It is the sole responsibility of the Client to arrange (in advance) access and, if necessary, permission, for the Photographer to take the required photographs in the venue, church, or other location in which the session will take place.
The cost of hiring and/or entering venues and locations is not included in the fees quoted and, if needed, must be paid for separately by the Client.
The Client agrees and understands that the photographer(s) are limited by the guidelines of the venue / site management and / or ceremony official and the Client agrees to accept the results that may occur due to said guidelines. Negotiation with the officials for moderation of guidelines is solely the Client’s responsibility.
The Client understands and accepts that the Photographer (and her associates and employees) is using her artistic discretion to create photographs as the Photographer sees fit. No specific images taken throughout the session are guaranteed to be included in the final images delivered.
Album images and designs are also chosen / created by the Photographer and subject to her artistic discretion.
The Photographer makes no guarantee, either expressed or implied, with regard to the quality of the images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photographer, especially during live or unstaged events. It is also understood that the Client is hiring the Photographer for her technical and artistic expertise and therefore, the Photographer reserves the right to edit the images as she sees fit. In the case of Events, the Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final images.
COPYRIGHT AND CREDIT
The copyright of the photographs / images produced by the Photographer belongs to the Photographer (unless explicitly agreed otherwise in writing by the Photographer)and is protected by Copyright Law (all rights reserved). Said images may not be reproduced in any manner whatsoever without the Photographer’s explicit written permission.
LICENCE TO USE IMAGES
Upon final payment by the Client, the Client is granted a limited licence to use and display the images for personal use only, including on non-commercial websites. The Client shall not sell said images, use them for commercial purposes or authorize any reproductions thereof by parties other than the Photographer.
The Client agrees that the final images delivered by the Photographer are unique individual creations resulting from the Photographers artistic vision as well as technical expertise and so represent her work. As such, no images may be altered or edited in any way, including but not limited to, the use of “Instagram” type filters and / or cropping.
Any photograph credit / watermark on an image may not be removed. Should no such credit / watermark be present on the image and any of the images are published (on the web or any other media), proper credit such as “© Date Lerynne Verster” is required. If the Client would like to use an image for a newspaper announcement of an event, the Photographer authorizes the Client to reproduce the image in the manner stipulated above.
Permission to share the images for personal, non-commercial use, as well as their use on personal, non-commercial blogs and websites, and social networks only, is included with all packages.
If the Client purchases a package that includes print ready digital images, permission is hereby granted to reprint the images up to the size indicated by the package bought, subject to the limits stipulated herein. The Client may not re-distribute the disk in any manner as this constitutes reproduction of the images.
Should different license terms for images than those stipulated above be required, they must be negotiated separately with the Photographer and agreed to in writing. Additional license rights may incur additional costs.
The Client assumes all liability for any form of copyright infringement.
The Client and Photography Subject hereby grant to the Photographer and her successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the Client and Guests or in which the Client and Guests may be included, for editorial, trade, advertising, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.
The Photographer has the right to make reproductions including but not limited to website images, portfolio samples, self-promotion images, magazine editorial use, stock images, commercial prints, advertisement/marketing images and professional competition images without further release.
The Client waives the right of tort (and / or any similar right) of invasion of privacy due to any reproductions made and / or authorized by the Photographer. The Client hereby releases the Photographer and all associates, representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to the Photographer’s use of said images.
RETAINER, CANCELLATIONS, LATENESS & PAYMENT SCHEDULE
A non-refundable retainer of 50% of the total fee for the chosen packages and extras as indicated on the quotation is payable in order to book the required date for a session / event. Upon the signing of this agreement and receipt of the retainer by the Photographer, the Photographer will reserve the time and date agreed upon. No date is to be considered booked until this retainer has been paid. The Client is aware that the Photographer is booking out the particular date and / or time in question therefore turning away any other potential work on that date / at that time. This retainer shall be applied towards the total fee quoted once the booked session takes place.
In the event of cancellation (including but not limited to the session / event date being changed or the whole session / event being cancelled for any reason) or breach of contract by the Client, the retainer is non-refundable. The Client shall also be responsible for payment of any materials purchased/charges incurred in preparation for the session booked by this agreement up to the time of cancellation. (These costs will not form part of the total fees as indicated on the quotation if the session is not cancelled.)
A session is booked for specific times only. Should a client come late or use session time for preparations that should have been done before the session, the photographer will shoot for the time remaining in the booked time slot but is under no obligation to extend the session. Payment for the booked session will still be due in full.
The remainder of the fees payable are due in full one week prior to the date of the event. If final payment is not received within the stipulated time, the Photographer will not be expected to attend said event.
Additional custom orders (reprints, enlargements, albums etc) must be paid in full at the time of order. If additional hours are worked due to additional requests by the Client, products will not be delivered until payment for the additional work and the products is received in full.
LIMIT OF LIABILITY
The Photographer and any of her agents or third party associates will not have any liability in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of God, equipment or other failures.
In the unlikely event that the Photographer is injured or becomes too ill to work, or has an extreme emergency that prevents her from photographing the event, the Photographer will make every effort to secure a replacement photographer (in the case of weddings and events) or to reschedule the event (in the case of location/studio sessions). If for whatever reason this is not possible, responsibility and liability of the Photographer to the Client is limited to the return of all payments received for the package/extras purchased.
The Photographer is not responsible for loss of, or interference with, her photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. The Photographer takes the utmost care with respect to exposure, transportation, storage and processing her images. However, the Photographer cannot and does not guarantee that photographs of the event will not be destroyed, stolen, damaged in processing, lost through camera malfunction, lost in the mail, damaged or destroyed by fire or otherwise damaged or destroyed for reasons within or beyond the Photographer’s control. Thus the Client agrees that the Photographer’s full and complete responsibility and liability in the event of photographs being undeliverable is limited to the return of payments received for the session / event.
In the event the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of payments received from the Client under this Agreement. The Client further agrees to a limitation of liability for a partial loss of originals, calculated pro rata according to the number of exposures lost versus the estimated percentage of the total number of original images, if there are not sufficient originals to deliver the number of final images stipulated in the Client’s chosen package.
The Client is aware that colour dyes in photography prints may fade or discolour over time due to the inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. It is recommended that photographs and / or albums be kept in a dry, cool area away from direct sunlight in order to maximize archive life. The Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference and as such releases the Photographer from any liability for any claims whatsoever in this regard.
Images are expected to finally processed within four to six weeks of the event date. Printed items and albums may require additional time.
Photographs ordered for print will remain available for reprints for 6 months after the shoot. Photographs not chosen for print will remain available for 60 days after the shoot. After these periods all photographs from the relevant shoot may be deleted.
TRAVELLING COSTS AND ACCOMMODATION
Travelling costs for shoots further than 20 km outside Bloemfontein are calculated at R150 per hour travelling time and R4.80 per kilometre. Travel costs will be billed separately from the chosen package and must be paid before any photographs are released.
If the event to be covered is more that 80km outside Bloemfontein suitable accommodation for the photographer and her assistant in a three star guest house close to the venue of the event for the day before and day of the shoot must be provided by the Client.
Professional makeovers, including hair and make-up, can be arranged at an additional cost if required.
Signed at __________________________ on this ___ day of ___________ 20___.
Signature (of Client): __________________________________ Signature (of Photographer):__________________________
Name (of Client) in print: _______________________________ Name (of Photographer) in print:_______________________