*T's and C's

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CONSULTATION:

All photoshoots will receive a telephonic/coffee/email consultation so we can prepare for the exciting day ahead. Ideas and images are welcome for reference points. 

 

COST:

Cost per package is as indicated in the brochure, upfront deposit secures your booking. Balance of shoot payable one week after photoshoot. No images will be released unless full payment is received. Cost cannot be shared with more than one couple or family doing the same photoshoot.The booking fee cannot be exchanged for other services or products. Should the date for your activity or wedding change and the Photographer is not available to attend the new date, you will forfeit your booking fee. 

 

DRESS CODE:

The client will be appropriately dressed when arriving at the photoshoot. The client will supply all clothing and accessories. Hair and Make-up will be booked according to available dates. The photoshoot will be booked only once the MUA has confirmed timing. 3 outfit changes are allowed for photoshoots - except for fashion photography. Please let the photographer know how many outfits you will be using, and ask advice if necessary. Maternity wraps are Sheer Navy and Sheer White, if additional colour is required, please discuss with the photographer in your consultation. 

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NEWBORN PHOTOGRAPHY:

Please discuss with the photographer if you would like a prop-based shoot (themed shoot) or traditional newborn poses with wraps, baskets, headbands prior to your shoot. Please discuss colour requirements. 

 

TIME:
Kindly note your package has a time limitation, should you wish to add extra time, an additional fee will be incurred. 

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LOCATION:
Your photoshoot’s location will need to be discussed with the photographer and is distance dependent. Locations further than 25km from photographers studio, travel will be charged for.

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CANCELLATION:
All refunds will incur an admin fee of up to 5%. If the client cancels this agreement more than seven (7) calendar days before the photo shoot day, any package fee paid to the Photographer shall be refunded in full.  Photoshoot dates may be amended once, thereafter deposit will be forfeited. If not communicated in writing, you will be liable for full fee.

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FORCE MAJEURE OR ACT OF GOD:
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event the Photographer will not be liable to the Client(s) and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the following circumstances: Force majeure (Acts of God);
The loss, damage, destruction or theft of any property on the venue;
Any act or circumstance, save for gross negligence by the Photographer, causing the loss, damage, destruction, theft and such other related events of photographic material (including camera equipment);
Loss or damage resulting from or related to the use of any equipment on the venue, including but not limited to furniture, cutlery and crockery, sound equipment and photographic equipment or technical failure thereof;

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LIMITATION OF LIABILITY & INDEMNITY:
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances including weather, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

Without detracting from the generality of the above, the Photographer warrants that he / she takes the utmost care with respect to editing and electronic file transfer of digital photographs. However, in the unlikely event that any materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, or in the event the Photographer fails to perform for any other reason beyond the Photographers control, the Photographer’s liability is limited to the return of all payments received for the event package.

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The client(s) indemnifies and holds the Photographer harmless against all liability, claims and expenses, including attorney’s fees, arising from Client(s), and/or any third parties use of the Photographer’s Material and / or any loss, damage or misuse of any Photographs supplied by the Photographer, granted that there is no fault on the part of the Photographer.

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If there is any failure to capture certain images that you have requested, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the client(s) and the Photographer shall not be liable for same.

In the unlikely event of the Photographer being unable to attend to the photoshoot or wedding due to any cause beyond the Photographer’s control, the Photographer reserves the right to appoint another Photographer to attend to your photoshoot or wedding on their behalf to undertake the photography to his / her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of the Photographer is limited to the return of all payments received for the event package.

It is client’s responsibility to take care of the children and fur babies and the designated Photographer will not accept any responsibility due to any accident to children  or fur babies or damage to public or private properties during the photo shooting or consultation session.

All deliverable images as per contract will have standard image editing (including: light skin retouch, light and color adjustments). Any extra edits requested by the client will cost the client per image if accepted by the Photographer. Extra image adjustments include (change the size of the body or parts of the body, replace parts of the body from another image, change the color of parts of the body, extra skin retouch, replace or swap background). It is also understood that unless hair and makeup is included in the contract, Photographer is not responsible to fix hair or skin, or makeup problems.

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It is understood that the Photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed with the Photographer in writing, prior to the photoshoot. 

CLIENT’S USAGE:
The client obtains images for personal use only, and shall not sell said prints or digital copies or authorize any reproductions thereof by parties other than the Photographer. If the client is obtaining a print for reproduction, Photographer authorizes client to reproduce the print only as set forth under Special Usage Requirements. In such event, the client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.

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COMPLETION SCHEDULE:
Digital processing and image manipulation can take anything from 1-2 weeks. Photographer can therefore only provide the final product up to and including, 3 weeks from date of photoshoot.

 

COPYRIGHT:
All Copyright in the material created and produced pursuant to this agreement vests with and is retained worldwide by the Photographer at all times and nothing contained in this Agreement shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the material. No other person, including the client(s), will enjoy any rights under the Copyright in and to such material save as may be specifically granted in this Agreement, or subsequent to this agreement in writing by the Photographer.

Without derogating from the generality of the above, the Photographer hereby permits the Client(s) to use the material for their personal and non-commercial use, and in the following manner only:
To reproduce, print and copy the material for family and friends; and
To post, blog and/or display the material on their personal and non-commercial media and social network forums, provided that the Photographer be credited for the use of the material at all times

Notwithstanding the above, it is expressly agreed that the Client(s) will not acquire any rights under the copyright in and to the material and that all rights under the copyright in such material is exclusively reserved to the Photographer. The Client(s) and any third party is not permitted to sell, publishing, reproduce or otherwise provide and/or distribute the material to any third party without the express written permission of the 

The Photographer further retains the right to claim authorship of the Photographs and to object to any distortion, mutilation or other modification of the Photographs and/or any material where such action is or would be prejudicial to the honor or reputation of the Photographer.

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DISPLAY AND SOCIAL MEDIA:
The Client hereby permit and allow the Photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client

It is specifically agreed that the Material may be used on social media forums as is desired, and that the Clients’ may be tagged, or otherwise identified, unless otherwise agreed in writing.

Special Requests: If there is anything uniquely different, or any specific and distinctive request, then such request needs to be brought to the attention of the Photographer in writing one week prior to your wedding date.

Requested Photographs: The Photographer will honor all photographs requested and agreed in advance, provided the following factors are met: weather and allocated time permitting, availability and co-operation of the person/s concerned.

Weather Changes: Weather permitting, all photographs requested will be taken as agreed. In the event of rain or snow or any form of weather disturbance, the Photographer will make the necessary changes in the photographic session and will not be liable for the lack of coverage caused by any weather disturbance and/or responsible for any disappointment caused due to the weather.

This clause applies to all social media and website usage. When published online please credit @SFPhotography and Design

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WAIVER:
The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this contract. Upon acceptance, this contract is binding. Should the client not pay the retainer (non-refundable), but return the signed contract, the contract will be binding. Should the client pay the deposit and neglect to return the contract, the contract will be binding. Should the client by any means -personally or by a 3rd party accept the terms and conditions either verbally, via sms, WhatsApp, email or whatsoever means, the contract will be binding and the client will be held liable to adhere to the terms stipulated in this contract.

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