Photography Services Terms and Conditions
We will always do our best to fulfil and, hopefully, even exceed your photography needs. But it is often best for everyone to have a few things written down so that we both know what is what, who does what and when, and what happens if something goes wrong.
As is the industry standard, all our photography is conditioned upon our business's Terms and Conditions. These terms may vary with each photo assignment.
Here is a look at our general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand.
Definitions:
“The Photographer” is André Pretorius. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
Website:
The content and images used on this website are the property of and copyright by André Pretorius Fotografie, Director of André Pretorius Photography. Certain images may be utilised on other websites under the control of the Photographer and/or André Pretorius Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from André Pretorius Photography and/or the work creator.
Payment Terms:
Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the deposit. The deposit will be at the Photographer's discretion at the time of contract signing and is usually necessary for events that are scheduled some time out.
No images will be released until the final balance is paid in full.
Example: The Photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced, and payment is due. Payment can be made by Electronic Funds Transfer (EFT) or other means agreed upon prior to the shoot.
The Photographer reserves the right to charge interest on all overdue invoices at a rate of 2,5% per month.
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
Booking Deposit and Payment: The Client shall make a booking fee as per contract to retain the Photographer to perform the services specified in the contract.
Cancellation Fees:
Cancellations:
Your deposit is non-refundable.
A same-day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day.
If the work is cancelled on or before the day of the scheduled work, for any reason by the Photographer, the Client agrees to reschedule the work, if possible, at their earliest convenience. The Client will not be charged for travel or any other expenses if the Photographer cancels the work.
Postponements:
Unless otherwise agreed in writing, the Client will be charged a 100 percent fee if postponement of the assignment occurs after the photographer has departed for the location, and 50 percent or 60 percent fee (equivalent to the deposit paid) if postponement occurs before departure to location.
Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
Overruns:
The Photographer may make additional charges, should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief, etc.). If the work cannot be completed within the agreed amount of time, André Pretorius Photography and the Client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: If the Photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the Photographer or the Client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the Client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on the invoice, regardless of whether images have been created or provided to the Client. The Client will receive all work product following payment.
Completion of the work:
Work is complete when the Photographer provides the Client with the agreed material purchased. This includes a Wetransfer.com link, access to a web gallery, and/or prints (as per each contract's specifications) containing all of the RAW or JPEG images photographed on behalf of the Client. Watermarked Images and/or Proofs may not be copied from the web gallery and/or Wetransfer.com or used in any form, without express written permission.
Conduct:
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, floods, fire, loss or damage in transit, etc.
Prices & Terms:
All prices shown within the Photographer’s price list are subject to change without prior notice.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Copyright:
In accordance with South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. André Pretorius Photography retains all copyright benefit for all images created by himself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is for a simple copyright statement be placed near or on the image, and notification of use is communicated to André Pretorius Photography. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Photographic Integrity and Alterations:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
Rejection:
The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance. The remuneration must be paid in full even if the ordered and delivered photographic images are not used.
Dispute Resolution:
In the event of an irresolvable dispute in the interpretation of the terms of this contract, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the photographer's option.
Kill Fees:
If the client decides to kill the work after the brief has been met and work has been delivered by the deadline date, full payment must be made. If the Photographs are not publishable, through no fault of the Photographer, the Client agrees to pay 100% of the Photographers account.
Variation:
No variation of the terms of this contract shall be recognised unless agreed in writing.
Photo Cooperation: In the event that the family/guests are taking photos, André Pretorius Photography is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. André Pretorius Photography is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
Applicable Law:
This agreement shall be governed by the laws of the Republic of South Africa.