TERMS & CONDITIONS of service

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.

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