Golden Light Photography (Pty) Ltd: Photography Services: Terms & Conditions:
-PLEASE REFER TO OUR NEWBORN SECTION BELOW IF NECESSARY-
Terms & Conditions:
1. Conditions of Contract & Services:
1.1 This agreement between the parties constitutes both the attached Quotation and these Terms & Conditions.
1.2 The Agreement is between the Client specified in the Quotation and Golden Light Photography (Pty) Ltd for photography services which governs the arrangements in respect of the Photoshoot, to produce a final product for Client in return for payment.
1.3 This Agreement will begin upon payment of 100% of the quoted amount if a special offer was selected, or a voucher was purchased and 50% of the quoted amount if not by voucher or special offer. By acceptance of the Quotation and making payment, the other party, being called the “Client” accepts all the below Terms & Conditions.
2. Final Product & Revisions:
2.1 On completion of the photoshoot and having made payment, the final edited product will be made available to Client as follows:
2.1.1 Several sample images will be sent to Client, per email within 5-10 calendar days.
2.1.2 Within 14-21 calendar days final images will be sent in .jpg format by Google Drive.
2.1.3 If specified in the Quotation, selected images of the final product will be delivered in print, within an additional 7-14 calendar days from the date images are ordered. Client will be notified to collect printed images from our offices or at Client’s request and advance payment, images will be sent by courier to Client’s address.
2.2 If Client requires further revisions or Photoshoots, such revision work will be quoted and Invoiced for separately and in addition to any Quotation already delivered. The further work will be completed on these same Terms & Conditions.
2.3 Images will be deleted after 6 months from the date of the Photoshoot, Client will be notified prior to deletion. Unedited images remain the property of the Photographer.
3. Payment & Booking Terms:
3.1 All Quotations are valid for a period of 30 calendar days from the date of Quotation, these may include travel costs.
3.2 Usual Payment Terms:
3.2.1 50% of the quoted amount must be paid, as marked on Quotation, a minimum of 30 Calendar days before the Photoshoot.
3.2.2 The Client must make payment of the balance due, in terms of the Invoice delivered at the time of the Photoshoot, within 7 calendar days of receipt of the Invoice.
3.2.3 There will be no delivery of the final product without payment of the balance due under the Invoice.
3.3 If a special package is quoted or a voucher is purchased:
3.3.1 Client must make payment of 100% of the quoted amount 30 Calendar days before the Photoshoot.
3.3.2 The Photoshoot must be booked 30 Calendar days in advance, or for when an open scheduled time is available with us. Kindly contact us to request these dates.
3.4 Unless payment of the quoted amount is made, no booking will be confirmed.
3.5 If a scheduled Photoshoot is cancelled by client more than 7 calendar days before the Photoshoot, the Client will forfeit the amount deposited.
3.6 If a scheduled Photoshoot is cancelled by client less than 7 calendar days before the Photoshoot, the Client will have to pay the full quoted amount, in terms of the Invoice.
3.7 If Client is expecting to be late for the Photoshoot, they must inform us immediately. If Client is less than 20 minutes late, the Photoshoot may continue. If Client is more than 20 minutes late, the Photoshoot may be cancelled, and the deposit forfeited. The arrangement of a subsequent Photoshoot may carry additional charges.
3.8 In circumstances where either party cancels the scheduled Photoshoot, parties may reschedule the Photoshoot, subject to paragraph 3.6 or 3.7 and additional charges which may apply.
3.9 Due to COVID-19 lockdown restrictions, Photoshoots may be cancelled by reason of travel and other government restrictions. Both parties, if affected by regulations under the Disaster Management Act may reschedule the Photoshoot at no additional cost.
3.10 If Client is dissatisfied with the final product, and negotiations in terms of paragraph 7 are unsuccessful, then Client may only be entitled to a refund of the time taken for the services, as well as the cost of the images. No other expenses incurred by Golden Light Photography (Pty) Ltd will be refunded.
3.11 Payment will be made by Client per Electronic Funds Transfer (EFT) to the bank account of the Photographer as specified in the Quotation and Invoice.
4.1 Golden Light Photography (Pty) Ltd will retain all copyright and intellectual property rights in and to the final product, raw images, source materials and props provided for the Photoshoot without limitation of time or space;
4.2 The Client grants permission for the use of the final product images on any catalogues, competition entries, illustrations, marketing content, portfolios, presentations, publicity, social media, web content and like promotional material of Golden Light Photography (Pty) Ltd and subject to our Copyright in the final product without any royalty fee being due to Client in the event of their use;
4.3 If the images feature the Client’s children, Client is requested to specify, in the space provided on the Quotation, their consent to use the children’s images for promotional purposes as in paragraph 4.2, above. If not, children’s images will not be used. These provisions are different in respect of our Newborn Photoshoots, please see below.
4.4 In the event Client wishes to own the final product images exclusively, then a separate charge will be payable prior to such permission being granted. For sake of clarity, raw, unedited images are always owned exclusively by the Photographer;
4.5 If images are supplied without a watermark, Client is required to credit Golden Light Photography (Pty) Ltd in all images published on social media or other platforms;
4.6 Client will not use the final product images for sale or any other income-producing activity and may not make additional copies or perform any editing of such images, without permission from Golden Light Photography (Pty) Ltd, which may include additional charges. Images sold will render Client liable to compensate Golden Light Photography (Pty) Ltd the entire sale amount obtained by Client.
5. Governing Law & Jurisdiction:
This Agreement and any matter arising from it will be subject to the jurisdiction of and governed by the laws of South Africa.
6.1 In the event that either party breaches this agreement, the non-defaulting party must deliver to the defaulting party a notice, in writing, which clearly specifies the conduct complained of and provide the defaulting party with a period of 5 calendar days within which to remedy such conduct.
6.2 In the event that the defaulting party does not remedy the conduct in terms of the notice above, such party will be in breach of contract and the non-defaulting party will be entitled to take any steps for cancellation or specific performance, provided there has been compliance with clause 7 below.
If any serious dispute between the parties arises, both parties are obliged to attempt resolution of the dispute through negotiation at a mutually agreed time and place within 5 calendar days of receipt of the notice set out in paragraph 6.1.
8. No Variation:
No variation of, or addition to the terms of this agreement will be of any force or effect unless it is reduced to writing and signed by or on behalf of all parties.
9. Domicile and Notices:
Both parties choose as their domicilia citandi et executandi for delivery of any Quotations and notices the email addresses as set out on the Quotation attached. Any notices to be given under this agreement will be delivered either by hand or deemed to be delivered on the day of delivery by email transmission.
The parties will maintain the confidentiality of any personal information shared during the Photoshoot, their processes and production related queries and will not disclose any information gained during the project to any other third party without express permission.
Other than editing and printing, we will not delegate our tasks without Client’s prior consent.
12.1 While maintaining the highest standards of work there is no guarantee that the final product images will be completely error-free or fully comply to client’s satisfaction. We cannot be held liable to Client or any third-party for damages of whatsoever nature.
12.2 If Client requests or effects major changes in the project during the Photoshoot, we carry no liability as regards increased delay and further charges for the Photoshoot.
12.3 Golden Light Photography will accept no liability in any form for any Injury or damage suffered by Client or persons attending on Clients request during, travelling to or while participating in a Photoshoot.
12.4 Load shedding and other power outages may cause delay or loss of images. While every precaution is taken to retain images in cloud storage, Golden Light Photography assumes no liability for delay or loss of images in the event of power outages. Additional Photoshoots may be arranged at no additional cost in these circumstances, if necessary.
12.5 In respect of COVID-19 precautions, all the safety and hygiene measures will be in place for clients. For instance, masks, gloves, hand sanitiser and keeping a 2metre distance to protect each other as much as possible. Outdoor sessions rather than indoor sessions may be offered exclusively.
NEWBORN PHOTOSHOOT SPECIFIC TERMS:
Some of our provisions are different for the Newborn’s as we love to accommodate the little ones. Please see below:
- There is unfortunately no guarantee to the amount of images as this largely depends on the baby and how the Photoshoot progresses.
- Bookings must be made 30 days in advance, unless otherwise agreed.
- If the baby or Photographer is sick, the Photoshoot may be rescheduled, or another photographer arranged, at no additional cost, safety and health of the Baby is our top priority.
- Naturally, the Images feature the Clients’ children, Client is presumed to consent to the use of the children’s images for promotional purposes as in paragraph 4.2, above. If not, Client should specify that the children’s images will not be used;
- The Photoshoot is between 2 to 4 hours in length, please take that into account in your planning. Please don’t be late.
- If the baby is going to be unwell during the session, we may reschedule at no additional cost. Please let us know as soon as this becomes likely. Baby’s health is top priority.
- If the photographer is sick, a replacement photographer will be found, or the Photoshoot will have to be rescheduled at no additional cost.
- Please adhere to the Guidelines sent for Newborn Photoshoots.
- Due to COVID-19 precautions, both the parents and photographer will have to wear masks during the session. Other hygiene precautions may be put in place. We look forward to working with you!