TERMS AND CONDITIONS

  1. Interpretation:

 

  • In this   contract   all   references   to the   Photographer will imply, indicate and represent Vorsprung Studio, and at no stage or in any circumstance any other individual in the employment of Vorsprung Studio, personally incur liability
  • These terms constitute the whole agreement between the parties and the due performance of the contract is subject to the terms below, which conditions shall further govern the terms of this contract for all goods, services and materials to be delivered by the photographer to the Client(s). The terms as set out herein will take precedence over any other terms,  conditions  and/or  stipulations  contained   in   any  of the  Client(s) documentation and any agreement purporting to vary or novated the terms of this  agreement, or any consensual cancellation, shall not be valid  unless reduced to writing and signed  by the Client(s) and the representative of Vorsprung Studio. The due performance of the contract is therefore subject to the conditions below and any other alleged oral term shall have no force or effect.

 

  1. Definitions:

 

  • “Contract” means these standard terms and conditions as accepted and agreed of the photographer, together with all related info sheets, lists of wedding packages available, including the specific package selected by the Client(s), and all relevant and valid quotation sheets in terms of which the photographer is instructed to undertake the photography, all of which will have the effect of a legal binding agreement between the parties.
  • “Material” Includes but is not limited to all photographs, albums, coffee table books, story table  books, photographic prints, images, negatives, digital scans, digital files, design, artwor k, montages,  drawings,  engravings  and/or  any  other  photographic  product  or  other  pro ducts  comprising  or  containing  reproduction  of  any  form  of  photographic  material,  an d  which  has  been  created  by  the photographer.
  • “Order” means any request, order, commission or instruction by or on behalf of the Client(s) for creation and production of Material by the photographer relating to these terms and conditions and the contract.
  • “Price” means the price for an Order as set out on the face of the Contract, including the cost of any additional work and / or materials ordered and as set out from time to time on a invoice generated by the photographer.
  • “Package” means the wedding photography package as selected and indicated by the Client(s) which consists of a specific number of hours which the Photographer will be present at the wedding and the Material to be produced, together with any further and additional Material ordered.
  • “Reproduction” means any form of publication or copying of the whole or part of any Material whether altered or not and  whether by  printing,  photography,  slide  projection  (whether to  an  audience  or not),  xerography, electronic or mechanical reproduction or storage, or for any use as artist’s reference  or illustration, or in a layout or presentation.
  • “The Photographer or Photographer” means Vorsprung Studio, which will be the main photographer as well as subject to condition below, any Second shooters and / or assistants appointed by Vorsprung Studio and vice versa.
  • “the Client(s)” means the person(s) identified as the client(s) on the Contract, their represent atives, successors, assigns, agents and affiliates

 

  1. On the day of the shoot:

 

  • The client(s) should have everything prepped and ready for the photographer to do his/her shoot conveniently without any disturbances.
  • The orgingal signed contract, property release and model releases must be ready for collection by the photographer or his/her assistant.
  • The client(s) should provide the photographer and his/her assistant with complimentry non-alcholic beverages througout the duration of the shoot. Should the photographer start the shoot before 6:30 am, the photographer and his/her assistant should be supplied breakfast at the client(s) expense. Should the photographer for after 7 pm, dinner should be supplied to the photographer and his/her assistant by the client(s).
  • Weather changes: In the event of extreme weather or sudden changes in the weather pattern, the photographer have the right to postpone the shoot to a different date or different time.

 

  1. General Terms:

 

  • 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.
  • Overtime Charged: All over time charged will be computed at R 3 000 per hour, or part thereof. Should the Photographer feel that most moments have not been covered; he will discuss this with the Client(s) and will only stay when it has been approved by the client(s)
  • Travelling Expenses: There is specified kilometres (specified in the package) included in all packages from our office in Durbanville or Sea-Point and there after a travelling charge per kilometre will be charged. These travelling charges are excluded from the quote and are for the client(s) account.
  • Image Backups: All materials will be kept on a local server at the photographer’s office for a period of 6 months. Thereafter the client(s) photographs will be backed-up on our off-premises servers for security. Any orders processed after the 6 months period might take up to 4 weeks to gain access to the off-premises back-up server. Should the client request access after 12 months of the shoot date there will be an Archival fee chargeable of R 2 000. Image backups is an additional free service we offer and we cannot be held liable for the loss or damage of any imagery after the original delivery of products or services to the client(s).
  • Special Requests:  All of photographs and  coverage,  as viewed on  the  Photographer’s website, will be incorporated into his/her portfolio, however, if there is anything uniquely  different, or any specific and distinctive request, this needs to be brought to the attention of the photographer in writing.

 

 

 

  1. Copyrights:

 

  • The Copyright of all material produced, including but not limited to photographs, prints, transparencies, images, negatives, digital   scans, digital files, design,  artwork,  montages,   drawings,   engravings  and/or   any  other photographic product or other products comprising or containing reproduction of any form  of photographic material, and which has been created by the Photographer, is retained worldwide by the  Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other  disposal of the Photographer’s rights in the Material. Original and edited files remain the property of the photographer at all times and the photographer reserves all copyrights on all materials.

 

  1. Client(s) usage agreement:

 

  • The clients usage agreement will only start once payment is received by the client. Untill the photographer awaits payment the client have no rights in using the imagery for other than personal usage. Untill payment is received in full, the client(s) will not be allowed to usage the imagery commerciallly.
  • The client(s) will not be allowed to sell the imagery to any third party. Should the client(s) want to sell the imagery to a third party, the photographer should be contacted immediatly in writing asking permission directly from the photographer or his/her agent. The photographer reserves the right to charge royalties on any imagery sold to any third party or imagery that generates a direct income due a result of the image(s) used commercially. The royalty charges will be calculated based on the photographers usage rate at the time the imagery in question are required.
  • This agreement allows the client(s) to use the imagery for a period of six years (6 years) for commercial usage online and in print media. For television and broadcasting, special permission would be required from the photographer in writing. As stated in the above clause, imagery will not be allowed to be sold by the client(s) to any third party, without the written permission of the photographer.
  • The photographer should be credited at all times. Please contact the photographer for his/her credit details.

 

 

 

  1. Property Release and Marketing:

 

  • The client(s) must sign a property release, which will be attached to the same e-mail this contractual agreement is attached to.
  • The photographer will be allowed to use the imagery in his/her portfolio and future marketing for a lifetime period.

 

  1. Liability Limitation:

 

  • Upon the In the unlikely event of total photographic failure, or the cancellation of this contract by either party or in any other circumstance, including but not limited to negatives and/or digital files being lost, damaged, stolen or destroyed, the liability of one party to the other shall be limited to the total value of the contract, but shall not include a refund for any goods already received. Neither party shall be liable for indirect or consequential loss. Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs ancillary hereto.
  • In the   unlikely   event   of  the   Photographer   being   unable   to   attend   to   the   shoot dates   due   to  serious unforeseen circumstances, the Photographer reserves the right to appoint another photographer to  attend to the shoot on their behalf to undertake the photography to his / her best ability.  However, it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price. It is specifically recorded that this condition exists for the benefit of the Photographer who may unilaterally waive compliance therewith, and as such solely creates a right and under no circumstances implies or creates any obligation to appoint and/or find another photographer to attend to the photography of that Client(s) shoot as specified in the information.
  • The photographer shoots with equipment and cannot be held responsible if anyone gets injured at the property. The client(s) should have public liability insurance(s) in place.

 

  1. Payments, Bookings and Delivery

 

  • Upon acceptance and receipt of the draft invoice by the client, a non-refundable booking fee calculated at 30 percent of the total amount of the client(s) invoice will secure your booking with the photographer. The non-refundable booking fee secures the clients booking date, time and services for the specific date and will not be refunded should the client(s) decide to cancel the photographer.
  • Trade Exchanges: In the event of a trade exchange the photographer will exchange the monetory value in exchange for a product/service, instead of actual currency. Should the client(s) not adhere to the rules agreed between the client(s) and the photographer, the client(s) will be liable for all costs includig additional overtime costs, travelling costs, accommodation costs, usages, royalties and booking fee’s. An Invoice will be issued immediatly and payment must be done within 72 hours after the invoice was issued.
  • Invoices must be paid in full before the date of delivery. Interest will be charged on overdue invoices.
  • Only electronic bank transfers will be accepted. No cash, no cheques and no vouchers will be accepted.
  • The non-refundable booking fee books the specific date as agreed between the client and the photographer and cannot be exchanged for any services or products should the client(s) cancel the shoot date or in the event of complete cancellation.
  • Should the client fail to pay the non-refundable booking fee, the date will show available on the photographers schedule and the photographer have the right to book the date with any possible client that want to confirm the booking date.
  • No photographs, imagery, previews, albums or other products will be released if payment is not received.
  • Delivery Period: The photographer will have edited imagery/photographs ready within 4 to 8 weeks after the shoot date.
  • Delivery: The client(s) will be informed via e-mail when their photographs/products are ready for collection from the photographer(s) office. Courier/Postal fees are excluded from the Invoice agreed by the client(s) and are to the client(s) own expense. The photographer cannot be held liable for any damages to the products caused by the courier. The client(s) should arrange a courier to collect the products from the photographer’s office as per an agreed date and time between the client(s) and the photographer.

 

  1. Cancellations and Changes:

 

  • It is the client(s) responsibility to inform the photographer in writing, of any changes or requirements that might change.
  • Cancellation of this agreement must be submitted in writing to the photographer. In addition to the forfeit of the non-refundable booking fee as per section g, clause 1 above, the following changes will be due and payable in case of cancellation, it being the agreed loss suffered by the photographer due to cancellation:

90 days prior to the shoot date:         20% of the outstanding invoice.
60 days prior to the shoot date:         40% of the outstanding invoice.
30 days prior to the shoot date:         60% of the outstanding invoice.
10 days prior to the shoot date:         100% of the outstanding invoice.

*Calculation of outstanding amount below:
Invoice total – non-refundable booking fee = outstanding invoice.

 

  1. Domiciculum Citandi Et Executandi:

The Parties choose as their domicilium citandi et executandifor all purposes under this Agreement, whether in  respect of court process, notices or other documents or communications of whatsoever nature (including  the  delivery  of  any  complaint  and/or  alteration  to  original  order),  the  addresses  as  recorded  on  the  contract, read with the relevant info sheets. Either party may by way of notice to the other party change the physical address chosen as its domicilium citandi etexecutandi.

 

  1. Breach of Contract:

 

  • The Client(s) agree and acknowledge that in the event of them breaching any condition contained in this document, or the Client(s) passing away or the Client’s estate being placed under any order of  provisional  or  final  sequestration,  provisional  or  final  winding  up,  or  provisional  or  final  judicial  management, or any similar provision of its country of origin, then the Photographer shall, without  prejudice to any other remedies it may have in law, be entitled to summarily cancel this contract with the Client(s) without notice to the Client and to re-possess those materials already delivered to the Client(s);  or  to  claim  specific  performance  of  all  of  the  Client’s  obligations  whether  or  not  such  obligations would otherwise have fallen due for performance, in either event without prejudice to the                Photographer’s right to claim damages.      
  • Furthermore, In the event of the Client(s) breaching any condition contained in this document, the Client(s) consents to the payment of all legal costs, including the payment of collection commission and tracing agent’s fees, should the Photographer have to institute legal action against the Client(s), on the scale as between attorney and Client(s).
  • In the event of any default on any of these terms and conditions, specifically relating to payment, the Client consents to judgment in terms of section 57 and section 58 of the Magistrates Court Act, to be obtained against him/Tier in order for the Photographer to collect any outstanding and due amount from the Client, which whole amount or outstanding balance will become due and payable immediately.