Terms & Conditions of service
These are the standard terms and conditions applicable to al
services rendered by QQ Africa Photography and Naomi.e Photography or their
assigns:
1. ENTIRE AGREEMENT
This agreement contains the entire understanding between “QQ
Africa Photography and/or Naomi.e Photography” [the Service Provider] and THE CLIENT. It
supersedes all prior and simultaneous agreements between the parties. The only
way to change or add to this agreement is to do so in writing, and providing
the document is signed by all the relevant parties.
2. RESERVATION/RETAINER
Upon the Client’s acceptance of the quote and payment of the
deposit required, “QQ Africa Photography and/or Naomi.e Photography.” will
reserve the time and date agreed upon, and will not make other reservations for
that time and date. For this reason, the Reservation Deposit or retainer of 50%
is non-refundable, even if the date is changed or the wedding/event or commission
is cancelled for any reason; including acts of God, fire, power outages,
strikes and/or extreme weather, and may result in a credit for future services
being issued, provided such cancelation occurs before 30 days from the event – in
all other cases the deposit will be forfeited. The Reservation Deposit/retainer
is to be paid at time of acceptance of the quote – failing to do so no contract
will come in existence. The Reservation Deposit shall be applied towards the
contracted photography package. THE CLIENT understands and agrees that the
entire amount owed for the photography package described in the contract is due
before or on delivery of delivery of the product.
3. SERVICES AND PRODUCTS
The Provider agrees to provide, and Client agrees to
receive, access to the Photography Services according to the following terms
and conditions:
Photography fee agreed on (plus applicable expenses as described in the
contract). A deposit of 50% is due when the quote is accepted, and the balance is to
be paid on delivery of the product. Additional Expenses: THE CLIENT is
responsible for all travel, accommodation, meal and transport costs not stated
in the official quote as well as:
Rental of any photography props, external studio equipment,
power generators, special lighting effects and/or backdrops and employment of extra photographers and/or
assistants and/or make-up artists etc.
4. SCOPE OF SERVICES
The Provider will
take sufficient photos for the Client to make his/her/their choices for the contracted number of photos. The initial batch photos will be placed on the Service Provider’s
website or on low res CD or pdf format contact sheet
each with its own identifiable number. A period of 4-6 weeks shall be allowed
for finalization of the contracted number of photos as selected by the Client.
Should the CLIENT fail to make a selection of the contracted number of photos
within 2 weeks after presentation by the provider it shall be left to the
provider to choose the section of the photos themselves and deliver it to the
Client.
5. PRE-EVENT CONSULTATION
The parties agree to a pre-event consultation before the
event date in order to finalize the actual shooting times and locations. The
first hour for meeting time to discuss Photography Services, general
orientation as per package agreed to. Client is responsible for the collection
and preparation of related ideas, etc; prior meeting time. Hourly rates apply
for meeting time exceeding the first hour at an hourly rate of R750,00.
6. PROFESSIONAL IMAGE MANIPULATION
“QQ Africa Photography and/or Naomi.e Photography” will
allow for limited professional image manipulation (if technically possible) on
any 100 images of THE CLIENT’S choice. This includes opening of individual’s
eyes, red eye removal, de-ageing, removal of people and/or objects, colour
correction, special effects, portrait glamorization etc. It is understood that
if a technicality prevents “QQ Africa Photography and/or Naomi.e Photography”
from performing requested image manipulation, or if a technicality prevents the
final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the
fact that “QQ Africa Photography and/or Naomi.e Photography” has performed to
its best ability with regard to the specific task and that “QQ Africa
Photography and/or Naomi.e Photography” has no further responsibility towards
said image manipulation. It is specifically agreed that the copyright of all
images vests in the provider who will be entitled to add a watermark to all
digital images. It is also agreed that the provider has no control over any
printing done by the Client or any printer and therefore are exempted from any
liability in respect of changes in colouring other than those as seen on a
computer screen.
7. PAYMENT TERMS AND CONDITIONS
THE CLIENT agrees that 50% deposit is required at the time
of contract acceptance and 100% of the remaining balance is due on or before delivery of the final product.
a) Payment policy
50 % of the Photography Services Estimate is due upon signed
approval & delivery of Estimate and Contracts. Photography services will
not begin until Provider has received signed and dated contracts. Deposit is
non-refundable.
b) There is a late payment fee (10%) for any payments that
are not postmarked or delivered to “QQ Africa Photography and/or Naomi.e
Photography.” by any required date.
c) In the event Client fails to make any of the payments
referenced by the deadline set forth in Contract, QQ Africa Photography and/or Naomi.e
Photography will have the right, but are not obligated, to pursue any or all of
the following remedies:
(1) Terminate the Agreement,
(2) Immediately stop all works-in-progress or remove unpaid
for material,
(3) Bring legal action.
9. CANCELLATION
In the event that THE CLIENT cancels the contracted services
for photography outlined in this contract within 30 days before the event/photo
shoot takes place, the deposit will be
forfeited. “QQ Africa Photography and/or Naomi.e Photography” agrees to refund
all additional paid money (less expenditures for which receipts will be
provided), to THE CLIENT. All expenses
incurred to complete an order are the responsibility of the Client and are
payable in advance. Cancelled orders are subject to forfeiture the initial 50%
paid.
10. EVENT GUIDE
THE CLIENT will be responsible for (or have someone
designated for this responsibility) identifying people/objects of whom/which
specific photographs are desired. The photographer will NOT be held accountable
for not photographing desired people if there is no one to assist in
identifying or gathering people for the photograph(s), where applcable. The
CLIENT shall assist the Provider in compiling a shooting list of what or whom
the Client wants to be photographed.
11. 90 MINUTE WINDOWS
Where applicable, the subject(s) agree to set aside at least
30 minutes before commencement and a 60 minute time frame afterward for
photographs that cannot be obtained during the event. The 60 minutes following
the event includes group photographs. If the subject’s late arrival (or any
other reason outside of the photographer’s control) prevents this 90 minute
window from occurring, “QQ Africa Photography and/or Naomi.e Photography” shall
not be held liable for failure to take desired photographs.
12. SHOOTING TIME / ADDITIONS
The photography schedule and selected methodology are
designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed
by all parties involved. THE CLIENT and “QQ Africa Photography and/or Naomi.e
Photography” agree that positive cooperation and punctuality are therefore
essential. Shooting commences at the scheduled time. Should the ceremony of the
photo shoot start late due to any reason whatsoever, “QQ Africa Photography
and/or Naomi.e Photography” will not be held liable for any photographs not
taken.
13. HOUSE RULES
The photographer is limited by the guidelines of the event
or the photo shoot. THE CLIENT agrees to accept the technical results of their
imposition on the photographer. Negotiation with the officials/owners for
moderation of guidelines is THE CLIENT'S responsibility; “QQ Africa Photography
and/or Naomi.e Photography” will offer technical recommendations only.
14. COOPERATION
The parties agree to positive cooperation and communication
for the best possible result within the definition of this assignment. “QQ
Africa Photography and/or Naomi.e Photography” is not responsible for key
individuals’ failure to be present or to cooperate during photography sessions,
neither for missed images due to details not revealed to “QQ Africa Photography
and/or Naomi.e Photography”. “QQ Africa Photography and/or Naomi.e Photography”
recommends that THE CLIENT designate an "event guide" (see PRE-EVENT
CONSULTATION above) to point out important individuals to the photographer,
whom THE CLIENT wishes to include in informal or candid photographs.
15. EXCLUSIVITY / GUEST PHOTOGRAPHY
It is understood that “QQ Africa Photography and/or Naomi.e
Photography” will act as the sole and exclusive photographer. Because of the
fact that flashes from guest’s cameras may ruin shots taken by “QQ Africa
Photography and/or Naomi.e Photography”, THE
CLIENT acknowledges that they are responsible for notifying all of their guests
that guest photography is not permitted at any time while the professional
photographer are in session. “QQ Africa Photography and/or Naomi.e
Photography” suggests that a separate notice be placed in the invitations. The
formal photography time is for the exclusive use of “QQ Africa Photography
and/or Naomi.e Photography” to capture the formal portraits. Because of time
constraints and the need for subjects to pay full attention to the professional
photographer, guest photography cannot be permitted. “QQ Africa Photography
and/or Naomi.e Photography” will allow guests to take snapshots at some point
during some events, and during the time “QQ Africa Photography and/or Naomi.e
Photography” equipment is being packed up. In return for this consideration “QQ
Africa Photography and/or Naomi.e Photography” insists no other guest
photography take place when or where “QQ Africa Photography and/or Naomi.e
Photography” is working. No other guest/photographer using professional
equipment will be allowed by “QQ Africa Photography and/or Naomi.e Photography”
at any time during the event. “QQ Africa Photography and/or Naomi.e
Photography” reserves the right to stop any photographic services paid for and
leave the function should any other person take photographs with any
professional equipment – with the deposit and contract sum being forfeited.
16. GUEST COOPERATION
THE CLIENT is responsible for the conduct of their guests/staff/other
service providers. THE CLIENT will direct all other service providers (MUA, florist,
DJ, caterer, etc.) to provide any needed information and cooperation to the
photographer. Coordination with other service providers is necessary to
complete all the photography sessions as scheduled. THE CLIENT should share the
photography schedule with other service providers to make sure that there is no
conflict in times. In addition, events during the wedding day or event or photo
shoot should be planned to make the best use of time from all vendors. “QQ
Africa Photography and/or Naomi.e Photography” will not tolerate verbally or
physically abusive behaviour, nor will it share its time or compete with guest
photographers for the attention of the subjects. Unchecked guest conduct that interferes
with photography may seriously affect the quality of the photographs taken and
increase the number of times photos must be re-taken. If THE CLIENT is unable
to control the conduct of their guests, resulting in an unacceptable degree of
misconduct, or if the conduct of any of their guests damages the equipment of
the photographer, it will result in the early or immediate departure of the
photographer. THE CLIENT understands that in such an event, no refunds will be
granted.
17. SAMPLE CD DELIVERY
At least 2 weeks after the event, “QQ Africa Photography
and/or Naomi.e Photography.” will provide THE CLIENT with a low resolution
Sample CD or photo contact sheet. This Sample CD/contact sheet will contain all
the selected photographs (in both colour and black and white) taken at the
event. All photographs will have a watermark embedded, prohibiting unauthorized
use. THE CLIENT should as soon as possible provide “QQ Africa Photography
and/or Naomi.e Photography” with a list of desired images to be printed [or placed
on CD as the case may be], enlarged and/or digitally manipulated (corresponding
to the amount of prints/images agreed upon in this contract). The list should
specify which images should be in colour, black and white or sepia.
18. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS
The photographs, digital negatives or prints produced by “QQ
Africa Photography and/or Naomi.e Photography.” are protected by Copyright Law
(all rights reserved) and may not be reproduced in any manner without “QQ
Africa Photography and/or Naomi.e Photography’s”’ explicit written permission.
Upon final payment by THE CLIENT, limited copyright ownership of the resulting
images will be transferred to THE CLIENT under the following conditions:
All photos provided by ‘QQ Africa Photography and/or Naomi.e
Photography’ are property of ‘QQ Africa Photography and/or Naomi.e Photography’
and may not be used in any media without permission or transfer of right
specified in writing between ‘QQ Africa Photography and/or Naomi.e Photography and
‘Client’.
It is specifically agreed that no RAW images or high
resolution images will be given to the CLIENT on CD [unless otherwise stated] or
electronic format apart from a slideshow created by QQ Africa Photography and/or
Naomi.e Photography, should it form part of the agreed package.
19. AUTHORSHIP CREDIT
‘Client’ agrees that QQ Africa Photography and/or Naomi.e
Photography may put a small logo on the bottom or top of their photos
establishing authorship credit.
20. COMPLETION SCHEDULE
The printing process can only start once “QQ Africa
Photography and/or Naomi.e Photography.” receives the order list for the
required images. Digital processing takes approximately 2 weeks. Creation of an
album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when
laboratory and bindery schedules are heavy. Due to the
creative process of enhancing the photographs and the time spent on book layout
and design, your product will be available within 6-8 weeks from the final
payment. Should you require your images sooner please discuss the possibility with us in advance.
Images supplied will be at the photographer's discretion, this decision will be final and no correspondence will be entered into. Should you be required to make a selection for retouching or book/album layouts, please do so within 2 weeks of receipt; failure to comply will result in the photographer making the selection on your behalf. Please note that under no circumstances will RAW or un-processed images be supplied.
Images supplied will be at the photographer's discretion, this decision will be final and no correspondence will be entered into. Should you be required to make a selection for retouching or book/album layouts, please do so within 2 weeks of receipt; failure to comply will result in the photographer making the selection on your behalf. Please note that under no circumstances will RAW or un-processed images be supplied.
21. FINAL DELIVERY
“QQ Africa Photography and/or Naomi.e Photography” will
deliver the prints and any additional material once printing is completed, if
applicable.
22. RIGHT OF WITHDRAWAL
“QQ Africa Photography and/or Naomi.e Photography's”
discovery of new information, changes to agreed circumstances, or other factors
which tends to circumvent its policies may result in its withdrawal.
Non-cooperation; changes in locations, facilities or available times; missed
appointments and late payments are examples of contributing factors. Should “QQ
Africa Photography and/or Naomi.e Photography” initiate the withdrawal, all
fees will be returned, excluding deposit as well as fair market value for all
services/products already provided. In case of withdrawal, R750.00 an hour is
charged for all photography services already provided and charged for all other
services, consultations and all driving time, rounded up to the nearest
half-hour.
23. ASSIGNMENT OF PROJECT
QQ Africa Photography and/or Naomi.e Photography reserve the
right to assign subcontractors to this project to insure the right fit for the
job as well as on-time completion.
24. LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other
emergencies, it may be necessary to retain an alternative photographer. “QQ
Africa Photography and/or Naomi.e Photography” will make every effort to secure
a replacement photographer able and/or willing to provide a similar package as
chosen in this contract at the same/similar tariff. If such a situation should
occur and a suitable replacement is not found, responsibility and liability is
limited to the return of all payments received for the event package. “QQ
Africa Photography and/or Naomi.e Photography” takes the utmost care with
respect to exposure, transportation and processing of photographs; including
using professional grade equipment and professional grade backup equipment.
However, in the unlikely event of THE CLIENT’S photographs being lost, stolen
or destroyed for reasons within or beyond “QQ Africa Photography and/or Naomi.e
Photography” control, the latter’s liability is limited to the return of all
payments received for the event package. The limit of liability shall not
exceed the contract price stated herein. The limit of liability for a partial
loss of originals shall be a prorated amount of the exposures lost based on the
percentage of total number of originals.
25. NON-GUARANTEE:
Although every possible care will be taken to produce
photographs of all important and special events during the event, “QQ Africa
Photography and/or Naomi.e Photography” cannot place an unconditional guarantee
on the above. “QQ Africa Photography and/or Naomi.e Photography” will not be
held responsible for any ruined photographs due to guests’ (or any other)
flashes; or any other ruined photographs due to any other cause in or outside
of “QQ Africa Photography and/or Naomi.e Photography’s” control.
26. PERFORMANCE
The performance of this contract on behalf of “QQ Africa
Photography and/or Naomi.e Photography” shall be contingent upon acts of God,
flood, fire, warfare, government laws or regulations, electrical failure,
strikes by suppliers, and/or conditions beyond its control.
27. SEVERABILITY
If any provision of this agreement is held to be invalid or
unenforceable under the law, the validity of this agreement as a whole shall
not be affected, and the other provisions of the agreement shall remain in full
force and effect.
28. AMENDMENTS
This contract has been freely negotiated and shall be
recognized as the entirety of the agreement. Only those changes or
modifications specifically placed in writing, attached, dated and signed by THE
CLIENT and “QQ Africa Photography and/or Naomi.e Photography” at the time of
acceptance of this contract shall be recognized as amendments to this contract.
29. MODEL RELEASE
THE CLIENT hereby assigns and grants “QQ Africa Photography
and/or Naomi.e Photography.” and its legal representatives the irrevocable and
unrestricted right to use and publish photographs of THE CLIENT or in which THE
CLIENT may be included, for editorial, trade, advertising or any other purpose
and in any manner and medium; to alter the same without restriction; and to
copyright the same. THE CLIENT hereby releases “QQ Africa Photography and/or
Naomi.e Photography.” and its legal representatives and assigns from all claims
and liability relating to said photographs. It is agreed that “QQ Africa
Photography and/or Naomi.e Photography.” may display and use the photographs
taken for advertising, display, website and internet promotion, photographic
contests, public display such as in malls, photography books, photography
instructional books, store fronts, window displays, studio display, television
advertising, magazine advertising and any other purpose thought proper by “QQ
Africa Photography and/or Naomi.e Photography.”.
30. CONTRACT REVISIONS
Revisions to this Contract will be considered agreed to by
Provider and Client when 5 days written notice of requested changes have been
signed by both parties.
31. ENTIRE UNDERSTANDING
The agreement contained in this Contract constitutes the
sole agreement between Provider and Client regarding its Photography Service.
It becomes effective only when signed by both parties. This agreement shall be
governed and construed in accordance with the laws of the Republic of South
Africa.
©2013 Loftus Viljoen
