TERMS & CONDITIONS
(AS APPLIED TO BOTH DESIGN AND PHOTOGRAPHY SERVICES)
Client must please supply a written design brief, which must be discussed and finalised between the client and Design Ardour (formerly trading as Creatives On Click and hereafter called DA) before the job begins in order to gain as much clarity of the final product idea as possible. As a formality, DA will submit the agreed upon final brief, as interpreted by them, to the client for their signature, which will serve to indicate agreement thereon. This brief will also be attached as an addendum to the job quote. Acceptance of the quote indicates agreement to all notes and deadlines indicated on the quote.
2.1 Client must supply good quality high-resolution images as per minimum publishing industry standard (300dpi). If client is not sure about the quality of their images the designer will check them and advise. This applies to all website images too as we work from a good quality image and reduce it to web quality so as to have control of the detail of the image – quality is imperative.
2.2 Should the images not meet the design requirements, DA will quote on reshooting the images at a fee to be included in a revised quote. We do not accept responsibility for the degradation of the product should the client insist on moving forward with poor quality images.
2.3 Should any images be supplied as printed photo’s, the client should be advised that these would need to be drum scanned by a professional repro house and will be included in the invoice at an extra charge.
2.4 Additional stock images required for the design will be charged additionally; these will be purchased from a stock librarby or commissioned from a preferred professional photographer associate of Creatives on Click.
3.1 Client must supply the final edited/subbed copy before the job can begin.
3.2 Copywriting, editing & proofing is included as part of the design fee and cannot be separated from the design rate as a whole. Please be sure that all supplied copy is final edited information – edited in terms of correctness of information, industry phrases & terminology.
4.1 Print / design proofs: The total design fee is inclusive of the first three proofs; thereafter the client will be charged per proof according to the quoted hourly rate. Should the client changes constitute an entirely new design or concept from the original client briefing at any time in the process of these changes, we maintain the right to charge a fresh design fee at our discretion, notwithstanding that it is within the first three proofs.
4.2 Digital / website proofs: All deadlines will be specified in the design brief (attached to the quote). The website will be temporarily loaded so that the client can be given a reasonable amount of time to check the website functionality and information. Changes will be made within these specified deadline times and will ‘go live’ once payment has been settled.
The client is required to pay a deposit as per their quote in order for this job to begin, on occassion full payment up front will we required. The payment structure will be outlined in more detail in the design brief (attached to the quote). Any expenses incurred (see points 2,3 and 4) will be added to invoice. Please note that the deposit is non refundable at any stage of the job. Should the job be cancelled before completion then DA reserves the right to keep all work up to this stage. On acceptance of the initial quote, which should be indicated in writing (an email will suffice), the client is legally bound to accept further expenses as they accumulate. As many of these as possible will be outlined and discussed at the design brief stage (point 1) and the client will be made aware of any further expenses that might be incurred as they occur during the production of this job.
6.1 The turn around time for each job will be outlined at the briefing or stated on the quote. If the deadlines are not adhered to, then the design time will be adjusted accordingly. As this begins to affect other jobs in production, an hourly fee will be charged for further extension of deadlines. The clients must please make themselves available to view proofs / web pages and give feedback as soon as possible (within reason) after a proof is sent via email. Should the client fall behind on stipulated deadlines other scheduled jobs will take preference.
6.2 Any unreasonable delay by client (in excess of 90 days) following the acceptance of a quote will necessitate a re-quote by DA. Re-quotes are also subject to standard annual increases by DA suppliers, such as printing companies etc.
6.3 Should client not provide information or input requested within a reasonable period, then deadlines may need to be shifted accordingly. Specifically, each step of the design process needs to be respected, and delays in responding may result in the process step being re-scheduled after a more imminent step. Client is aware of, and accepts this.
7.1 All correspondence (including telephone conversations) will be reiterated in email for record purposes for both parties. Email is considered a legal and binding form of correspondence.
7.2 If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be cancelled without prior notice and no refund will be issued.
8. INTELLECTUAL PROPERTY:
8.1 Any photo’s, other than supplied or commissioned product images or illustrations, created in the making of this product will remain the intellectual property and copyright of Creatives On Click and may not be reproduced or used in any way whatsoever without express signed permission of Robyn Oosthuysen. A copyright fee will be charged with every use/application of this property.
8.2 All photos, illustrations, content, layout and design contained in proofs remain copyright and privileged material of DA and it’s members until such time as project is finalised, or ownership/permission is given expressly and may not be utilised for other purposes by client, including alternative marketing media.
8.3 DA reserves the right to display websites, designs and graphics that have been designed by DA on their website and in any marketing material to aid as examples of our work.
8.4 Granting of rights in clause 8.2 takes place only with finalised published edition works, and does not include source materials or components. Specifically all photos, illustrations, content, layout and design specifications and parts thereof remain vested in DA, or their agents, and shall not form part of any usage agreement unless specified in writing.
8.5 Subject to 8.2 and 8.4 above, it is specifically understood that all components comprising the final product remain property of DA and they maintain intellectual right thereto. Client will be provided with product in physical and digital format, however the components remain property of DA, or the otherwise holders. Inclusive in this clause is the understanding that component fonts included in a logo will not be released to client together with the logo. Logo will be provided in vector graphic format, however usage of the component font must be negotiated with DA or the otherwise holder, unless client already holds ownership in said font.
8.6 DA maintains moral authorship of all works, including a prohibition on adaptations of any finalised work, or component thereof.
No waiver by DA of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
11. GOVERNING LAW AND JURISDICTION:
This Agreement shall be interpreted, construed and governed by the laws of the Republic of South Africa, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Jurisdiction for all litigation shall be the Magistrates Court of the District of Port Elizabeth, which shall not limit the commencement of action in any appropriate higher forum having jurisdiction.
12. CONFIDENTIALITY AND NON-DISCLOSURE:
12.1 All contents of any discussion, briefing, or quote, shall be considered confidential by both parties, and shall not be disclosed to any third party.
12.2 All contents of proofs shall also be considered confidential by both parties and shall not be disclosed to any third party.
12.3 Client will specifically not discuss the contents of any agreement, nor the pricing, with any third party, nor with any suppliers of DA, or their partners or agents. All correspondence will be done directly through DA and any discussion with their agents or suppliers will be considered disclosure of privileged information, and will be grounds for cancellation of this agreement, including forfeiture of deposit, and liability for incurred expenses, and possible damages.
12.4 Submission of any proof to a rival agency of either party, shall specifically be grounds for termination, as well as damages claim. Rival agency shall, for purposes of this agreement, include printers, creative design firms, their suppliers, or any person(s) in such related field
PHOTOGRAPHY SESSIONS, GENERAL TERMS
BOOKING & PAYMENT:
• You will be invoiced upon booking.
• Please make full payment to secure your booking as full payment is due in order to confirm and secure your booking.
• Shoots are not transferable nor can they be exchanged for cash.
EDITING TURN AROUND, PROCESS & TIMING:
• My standard turn around time for the Celebration, Lifestyle and Candid packages is 8 to 10 weeks with consideration to my existing work schedule.
• You are welcome to ask about the cost of express editing your shoots and I will quote accordingly.
• No re-editing of images is allowed whatsoever; this includes adding filters, cropping, or altering the photographs in any way at all.
Mini Sessions –
• Mini sessions may not be rescheduled due to the weather.
Should weather affect an outdoor session we will either shoot in your home or a suitable indoor venue, terrace or building we can find access to.
• Should you be unable to make it your mini session you will forfeit your session and full booking fee.
• Mini sessions will be rescheduled under special / dire circumstances only.
Candid, Lifestyle and Documentary Sessions –
• Candid sessions may, with consideration to the weather and my existing work scheduled, be rescheduled only once.
• Should the rescheduled booking not work out due to the weather we will shoot in your home or a suitable indoor venue, terrace or building we can find access to.
• Should the rescheduled booking not work out due to other unforeseen circumstances I reserve the right to charge an additional administration fee for a third reservation equal to half your booked package.
CANCELLATION & POTPONEMENT:
• Shoots that are cancelled will forfeit their full booking fee.
• Shoots that are postponed will be charged an administration fee of 50% of the value of the shoot.
• All photos will be used as marketing material for my work and will published on www.designardour.com blog and my instagram account www.instagram.com/robyn_oosthuysen and Facebook page www.facebook.com/designardour
• On booking it is assumed that you have read and accepted all terms and conditions regarding use of images to market my work
• If you do not want your photos published, I will need that statement in writing before the shoot.
• All images used on social media and web must credit and tag Robyn Timm Oosthuysen and must also credit and tag Design Ardour. Resized and watermarked images are provided for use on social media.
• I reserve the right to charge per hour for family shoots that run over time at R2 000 per hour unless otherwise specified within the quoted package.
• With careful consideration to the overall shoot I will offer the most viable selection of artistically edited images, with consideration to weather, lighting and general cooperation of parties involved.
Please note that shoots of this nature depend entirely on the willingness of the subjects; I will not be held liable for any unforeseen circumstances or conditions (within reason) that may affect the deliverable number of images
• AA rates will be charged for travel over 20km round trip at
R5 per kilometre
• Gift vouchers are available and have made wonderful and successful gift ideas.
• Shoots need to be booked to be photographed within the time frame as indicated on the voucher otherwise the voucher is rendered void.
• Vouchers are not transferable, nor can they be exchanged for cash.
• All booking procedures, process and full terms and conditions apply to vouchers as they would any other shoot.
• The recipients name and all contact details must be made available on purchase of the voucher in order for all terms and conditions of the voucher contract to be made available to them at the earliest possible convenience which will be on a stipulated date after they have received it.
• Voucher bookings are excluded from all promotions.
• Vouchers purchased for promotional shoots may not be upgraded to larger shoot.
• Vouchers are valid for no more than 3 months. Booking your date early is recommended in order to fit in with current booking schedules.
• I spend a lot of time finding unique locations for my photography shoots so that I can create original and new images for my clients; clients are therefore requested NOT to disclose the locations I introduce you to.
Copyright & intellectual property
Please enjoy your beautiful images which have been specifically selected & artistically edited for you. Please feel free to print, gift and share all your images while bearing in mind the important points below. Enjoy!
• Please note that while these images have been commissioned from or gifted by Robyn Oosthuysen / Design Ardour, as per all work produced by Robyn Oosthuysen / Design Ardour, all work remains the intellectual property and copyright of Robyn Oosthuysen / Design Ardour.
• As digital files remain the property of Design Ardour, and due to the above mentioned points, no files or images MAY EVER be digitally altered, changed or re-edited WHATSOEVER – you may not add a filter, crop my images, crop out my watermark, remove my watermark or make any alterations. I have a zero tolerance policy in this regard as this directly affects my brand image and future earning potential – clients will be held liable, as such, for damages and loss of income incurred.
• Under no circumstances will clients be allowed to photograph prints. This practice strips my images of any aesthetic integrity and clients will be held liable, as such, for damages and loss of income incurred.
• All work produced is thus protected by law and as such all work produced remains the property of Design Ardour, and are, additionally, protected by Design Ardour terms and conditions as outlined online at: http://www.designardour.com/terms/
• All work produced will be used to continue to advertise and market the skills and services of Robyn Oosthuysen / Design Ardour, unless otherwise specified, negotiated or agreed upon prior to commencement of the job.
• No images may be published in any printed or digital media, book, newsletter or magazine nor may they be entered into any competition express permission from and written agreement with Design Ardour.
• Low resolution, watermarked files provided with your shoot are for sharing on your personal social media platforms with a credit tag or caption and link to Robyn Oosthuysen and Design Ardour.
• Payment for your shoot is indication that you have accepted and agreed to all terms and conditions herein and as stated online at http://www.designardour.com/terms/ with respect to your images. This document serves as a licence agreement between yourself and Design Ardour stating that you have agreed to all of the above AND our full terms and conditions for printing, gifting, sharing or socially posting images online. Clients will be held liable for related parties breaking this agreement and will need to take the appropriate actions to correct any arising issues.
• All photographic terms and conditions listed herein apply as well as the core business terms and conditions of Design Ardour which can be found online at http://www.designardour.com/terms/
• All terms and conditions apply to any and all images taken by Robyn Oosthuysen / Design Ardour including those shot for promotions,
for free or at events, exhibitions and school functions.
WEDDING PHOTOGRAPHY, FULL TERMS & CONDITIONS
WHEREAS the Client(s) are desirous in booking the Photographer as the official photographer to undertake their wedding day and whereas the parties hereto are desirous in recording such agreement in writing; and NOW THEREFORE the parties agree as follows:
• It is agreed that this contract is entered into between the Photographer and the Client(s) and it is further agreed that the Photographer shall be the sole professional photographer of the day.
• These terms constitute the whole agreement between the parties and the due performance of the contract is subject to the terms below. 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 and/or term purporting to vary or novate 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 Photographer.
The following words or expressions shall carry the meanings assigned thereto:
• ‘Contract’ means these standard terms and conditions, together with any and all Annexures, which is to be read together as one contract and will be considered as one document, all of which will have the effect of a legal and binding agreement between the parties. Agreement shall be construed accordingly.
• ‘Material’ includes but is not limited to all Photographs, albums, coffee table books, 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 reproductions, adaptations or compilations of any form of photographic material, which being literary and/or artistic works, and which has been created by the Photographer.
• ‘Package’ means the wedding photography package as selected by the Client(s) herein below, which package consists of a specific number of hours which the Photographer will be present at the wedding and the Material which is to be produced, together with any further and additional Material ordered.
• ‘Photographer’ means the undersigned photographer herein below, their representatives, successors, assigns, agents and affiliates.
• ‘Photographs’ means any product of photography or of any process analogous to photography.
• ‘Client(s)’ means the undersigned person(s) herein below, their representatives, successors, assigns, agents and affiliates.
PAYMENT TERMS AND BOOKING FEE
• Upon acceptance and receipt of the quotation, the payment of a booking fee of 50% of the total quoted fee, plus accommodation, is payable immediately. This fee secures the date, time and services of the Photographer and is not refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation.
• The booking fee cannot be exchanged for other services or products. Should the date for the wedding change and the Photographer is not available to attend the new date, you will forfeit your booking fee.
• The outstanding amount becomes due and payable on presentation of an invoice by the Photographer. Kindly note that all payments made, either by way of an internet / electronic funds transfer, or cash, is to be free of commission and bank charges, failing which these charges are to be carried by the Client(s) and will be added to the final account rendered by the Photographer. No Cheques will be accepted.
• No date will be booked and/or secured unless the booking fee, as is referred to above, has been paid in full.
• No part of any order, including photographs, wedding albums and/or any other materials will be delivered until full payment has been effected.
CANCELLATION AND CHANGES
The Client may cancel this contract at any time by giving written notice to the Photographer, but in doing so shall forfeit their booking fee paid. In addition hereto, the following charges will be due and payable in case of cancellation, it being the agreed loss suffered by the Photographer due to such cancellation:
90 days prior to the function: 50% of the outstanding amount.
60 days prior to the function: 80% of the outstanding amount.
30 days prior to the function: 100% of the outstanding amount.
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;
LIMITATION OF LIABILITY & INDEMNITY
• In the unlikely event of a total photographic equipment failure or cancellation of this contract by either party or in any other circumstance 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 takes the utmost care with respect to exposure, transportation, and processing the 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.
• 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.
• If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting, 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 wedding due to any cause beyond the Photographer’s control, the Photographer reserves the right to appoint another photographer to attend to your wedding on their behalf to undertake the wedding 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.
• Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs ancillary hereto.
PLACING AN ORDER, RECEIPT OF GOODS AND COURIER FEES
• The Photographer undertakes to deliver an edited product of the wedding day with specific features as contained and outlined in the package offered by The Photographer as selected by the Client(s).
• Any changes to the wedding photos are to be communicated within two weeks from receiving the proof material and it is agreed between the parties that The Photographer will be made aware if this is not possible prior to the wedding day.
• In the event of any complaint relating to The Photographer’s service and/or materials, it is agreed that such complaints must be received in writing within five days of collection of the products ordered, failing which The Photographer shall be deemed not to be in breach of any of its obligations and it shall be agreed that all materials were received in a satisfactory condition.
• The Photographer must be notified in writing of any alterations to orders within one working day of the order being placed. All costs incurred due to alterations to the order made by the Client(s) after this time will be for the Client(s) account and the Client(s) will be held liable therefore.
• In accordance with the accepted practises of all professional photographers and photographic laboratories, the return of any technically acceptable photographs and/or prints and/or any other materials, or demands for refund, will not be entertained on principle. No exception can be made to this rule as the Photographer cannot be held responsible for individual tastes or expectations and the judgment, view, execution and layout of the Photographer will be deemed to be correct.
• Owing to reflectance caused by a combination of certain dyes and materials, especially synthetic fibres, it is sometimes impossible to record the exact colour of a garment as seen by the human eye. The Photographer will use their skill to produce, to the best of their ability, pleasing prints and to provide a pleasing colour balance based on the flesh tones of the subjects, but cannot guarantee exact colour matches in certain circumstances.
• Any courier fees for any products to be so delivered are excluded from the quote and are for the Client(s) account. The courier costs are payable before the products are couriered.
• All additional orders, reorders and/or reproductions shall be treated as an extension of this contract and are to be placed in writing failing which no responsibility for error will be accepted.
• The Photographer is able to store completed orders for a maximum of one month, and all other material for a maximum of 3 months, after which time any orders not collected may be destroyed. It is the Clients’ responsibility to ensure that proper backup’s are kept of the material commissioned and received.
• 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 Photographer and prior written consent for the use of the Photographs for any purpose other than for the Client(s) personal and non-commercial use must be obtained from the Photographer.
• 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 honour or reputation of the Photographer.
• All of the above stated terms of copyright apply as well to photographs that are entered into any competitions, bridal or otherwise. Clients are to request written permission from the Photographer to enter and supply written agreement from the Publisher / Competition Holder that agree to all copyright terms herein including, but not limited to crediting the Photographer and not altering the images in any way.
TRANSFER OF OWNERSHIP
Ownership in the physical Material and/or Photographs ordered by the Client(s) shall pass to the Client(s) only when all amounts due by the Client(s) to the Photographer have been paid, notwithstanding delivery of any of the aforesaid materials to the Client(s).
• The Client(s) 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(s).
• It is specifically agreed that the Material may be used on Facebook, and / or such other social media forums as is desired, and that the Clients’ may be tagged, or otherwise identified, unless otherwise agreed in writing.
ON THE WEDDING DAY
• Sole Rights: The Photographer shall be the sole professional Photographer of the day at the venue(s) specified. The Photographer will not be held liable for over exposed photos caused by flash or lighting from other cameras/video cameras.
• 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 honour 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.
• Coverage: The Photographer will not be held responsible for the lack of coverage caused by the bride, the groom, or wedding party not being on time, or by any obstructed view caused by the Church, Register Office, or Licensed place of wedding restrictions on photography. The Photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Where restrictions or limitations are set by any official or person possessing the correct legal authority to do so, the Photographer shall not be held responsible for non-fulfilment of this contract.
• 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.
• Overtime Charged: All over time charged will be computed at a rate of R3000 per hour, or as otherwise agreed between the Photographer and the Client(s). Should the Photographer feel that most moments have not been covered, the Photographer will discuss this with the Client(s) and will only stay when it has been approved by them or with their consent.
• Meals: The Client(s) is required to provide meals for the Photographer and one assistant (if applicable) during the time when the dinner is being served to the wedding guests. These may be served in the dining room or at another location in the reception venue. It is requested that the Photographer and assistant be seated in the dining room if at all possible so as to be able to continue photography during the meal. Further arrangements and the practicality of this arrangement will be as discussed between Clients’ and the Photographer.
• Accommodation: Should the venue for the function be more than 40km kilometres from The Photographer’s office, suitable accommodation should be provided for the Photographer and an assistant (if applicable). These accommodation charges are excluded from the quote and are for the Clients account.
• Travelling Expenses: Travel charges of R6.00 per kilometre from The Photographer’s office will be charged, excluding toll-gate costs. These travelling charges are excluded from the quote and are for the Clients account. Any further and / or more advanced travel arrangements will be as discussed between Clients and Photographer.
• The Client(s) hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client(s) or in which the Client(s) may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.
• The Client(s) hereby releases the Photographer and its legal representatives and assigns from all claims and liability relating to such photographs.
DOMICILIUM CITANDI ET EXECUTANDI
The term domicilium citandi et executandi connotes the physical address for service and delivery of documents. The Parties accordingly choose as their address (domicilium) for 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 herein below. Either party may by way of notice to the other party change the physical address chosen as its domicilium citandi et executandi.
• The Client(s) agree and acknowledge that in the event of them breaching any condition contained in this document, then the Photographer shall without prejudice to any other remedies which the Photographer 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.
• 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 him/her, on the scale as between attorney and client.
• The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof.
• The parties agree that all goods, services and materials rendered in terms of this Contract, including any reorders, reproductions, overtime charged, additional albums ordered and/or where extra expenses or time has been incurred by the Photographer, or any other incidental costs incurred herein as a result of alterations to the original order by the Client(s), is to be regarded as an extension of this Contract, incorporating these same terms and conditions, therefore not being severable from the contract herein, and shall further become due and payable in terms hereof.
• No allocation of payments can be made to certain products and or services and no part payment and / or set off is permitted herein.
• No relaxation or indulgence granted to the Client(s) by the Photographer, at any time, shall be deemed to be a waiver of any of the Photographer’s rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppels against the Photographer.
• A certificate under the hand of any authorised person of the Photographer as to the existence and the amount of the Client’s indebtedness to the Photographer shall be sufficient and satisfactory proof of the correctness thereof for the purpose of summary judgment or any other proceedings against the Client in arbitration and / or mediation.
This agreement and its termination shall be governed by and construed in accordance with the laws of the Republic of South Africa. Both the Photographer and the Client(s) agree that all legal action based on any claim arising under or out of this agreement must be determined in accordance with South African Law and filed and prosecuted in a court of competent jurisdiction located in the Republic of South Africa and each of them hereby consents and irrevocably submits to the jurisdiction of such court in respect of all legal action or proceedings arising out of or in connection with this agreement, its implementation, interpretation and/or termination.
JURISDICTION OF MAGISTRATE’S COURT
The Client(s) hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against him/her by the Photographer in connection with this Contract, notwithstanding that such action or proceedings would otherwise be beyond such jurisdiction without prejudice to the Photographer’s right to institute action in the Supreme Court having jurisdiction.
VALIDITY OF QUOTATION & COOLING-OFF RIGHT
This wedding package quotation is valid for 14 (fourteen) days only and the services on this offer will be reserved subject to payment of the deposit as stated in clause 2 above.
Should This contract have been entered into as a result of direct marketing as defined in the Consumer protection act 2008, them the Client(s) attention is drawn to the rights inferred upon them in terms of section 16(3) of the Consumer Protection Act, in terms of which the Client(s) may terminate this agreement, without reason or penalty, by written notice to the Photographer after a 5 (five) day period after signature hereof, and to have any amount already paid by them in terms hereof refunded in the event of such termination.
ACCEPTANCE AND ACKNOWLEDGEMENT
The Client(s) hereby accepts the quotation from The Photographer to render and supply all services and materials as agreed upon on these terms and conditions as stated herein. The Client(s) by signing this contract acknowledges that they have read and understood the terms and conditions and agrees to all of the above and is further familiar with all details of the selected wedding package.
All rights not expressly granted herein are reserved.