Cape Town Wedding Photographer and Portrait photographer
"Photographer" refers to the person or organization requested to take and supply the photographs.
"Photographs" refers to all photographic material, in film, print or electronic formats supplied by the photographer.
"Client" refers to the person or organization, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs.
FIRST OWNERSHIP OF COPYRIGHT:
The client recognizes that the Photographer is the author of the Photographs and the owner of the copyright subsisting in them, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended.
A 50% booking fee is payable, balance at least one week before the shoot date.
Where additional expenses are occurred by the photographer due to changes in the original brief by the Client or by circumstances beyond the Photographer's control, the Client agrees to pay such reasonable expenses and/or fees at the Photographer's normal rates.
The Client is responsible for all expenses incurred up to the time of cancellation, plus 50% of the Photographer's fee. If cancellation is given less than five (5) business days before the shoot, Client will be charged 100% fee.
For editorial use, Client agrees to provide a credit line in the form of "© " in type no smaller than the nearest text and immediately adjacent to the picture used.
The Photographer retains the right to use the Photographs in any manner, at any time and in any part of the world for self-promotional purposes.
The Photographer is limited by the rules of the ceremony/service official and/or reception site management. The client agrees to accept the technical results of any such rules imposed on the Photographer. Negotiation with the said officials for moderation of these rules is the client's responsibility. The Photographer will offer technical recommendations only.
The Client has no right to reject work based on style or composition. The Photographer's interpretation of the brief is deemed acceptable to the Client.
FORCE MAJEURE, ACTS OF GOD
Delivery estimates are made by the Photographer in good faith, but in the event of an Act of God or circumstances beyond the reasonable control of the Photographer, the Client shall have no claim for damages consequential or otherwise against the Photographer because of the late or non delivery of the material. Whilst every effort shall be made by the Photographer to carry out the terms of the contract, he shall not be liable for any loss or damage sustained by virtue of the non-fulfillment thereof as a result of inability to secure labour, materials or supplies, or as a result of any war, Act of God, strike, lockout, electricity blackout, or the like, or through any other cause beyond the Photographer's control.
The Client agrees to indemnify, save harmless the Photographer against all liabilities, claims, and legal costs arising out of the Client's use of the Photographs.
In the event of any un-resolvable 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.
In the event of non-payment or other breach of this agreement by the client, the Client shall pay all of the Photographers costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer's attorney's fees.
No variation of the terms of this contract shall be recognized unless agreed in writing.
The laws of the Republic of South Africa shall govern this agreement and any legal pursuit or arbitration shall be affected on South African soil in a South African Court of Law.
Terms and Conditions
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