AlexanderSmith Photography – Terms and Conditions

We have connected, shared some ideas and agreed that I will be the photographer for your function (yay!) so let’s now agree on those t’s & c’s so we can get on with the more fun things in planning your big day. Paying one of our invoices means that you agree to these terms.

Oh and please feel free to contact me if you have any queries…

 

1.  DEFINITIONS

  • Agreement” these standard terms and conditions, the Information Schedule and the Quotation.
  • Booking Fee” means the fee earned for booking your date for your Function.
  • Client/You” the person(s) signing this Agreement, anyone that represents them, their successors, assigns, agents and
  • Function” the function for which the services of the Photographer is booked as detailed in the Information Schedule.
  • Information Schedule” the schedule containing all the details in attachment 1.
  • Goods” includes all photographs and images (digital or printed), video recordings, albums, coffee table books, and designs created by thePhotographers in terms of this Agreement.
  • Package” package selected for the Function, detailed in the Quotation and any agreed changes or extras agreed later.
  • Photographer/I” Alexander Smith, his agreed assistants, representatives, successors, assigns, agents and affiliates.
  • Quotation” means the quotation prepared especially for the Function and accepted by the Client(s) in writing.

 

2.  WHAT IS IN MY BAG

2.1                 Camera Kit:

2.1.1           The main camera is a professional camera of the quality of at least a [insert]

2.1.2           At least 2 flashes

2.1.3           … memory cards

2.1.4           All kept in a professional quality roller bag.

2.2                 How do I protect it:

2.2.1           Firstly, the full kit is insured.

2.2.2           I have excellent relationship with the suppliers and service agents which ensures me a very quick turnaround time should something go wrong.

2.3                 How do I protect the Goods:

2.3.1           The professional camera backs up all images immediately.

2.3.2           The photographs are then backed up electronically within an hour after I return from the Function.

2.3.3           Within the next two days the images are stored in the cloud where it is kept safe.

2.3.4           I keep all raw images and designs for at least 6 months after the Function. Please make sure that you create your own backups!

  • The Photographer’s warranty to You:

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 Goods are damaged in processing, lost through camera or other media malfunction, lost en route to the Client, 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 Function.

3.  PAYMENT TERMS AND BOOKING FEE

  • Once the Package has been agreed, You will have 14 days to accept the Quotation, and once accepted I will send you an invoice for the Booking Fee. Your date is secured upon receipt of the full Booking Fee. You are now booked!
  • The Booking Fee is not refundable or transferable should the Agreement be cancelled for any reason. This includes the scenario where the date for the Function changes and I am not available on the new date.
  • The Booking Fee is not a deposit. It is a fee for diarizing your date, keeping it safe, saying no to all other enquiries for that date, and psyching myself up for giving you my best on your special day, and is earned when the booking is made.
  • The first day after the Function, you will receive an invoice for the balance payable based on your selected Package as well as the charges for any overtime and extras that have been agreed. This invoice is payable that same week.
  • Once the full outstanding balance is paid, the Goods are yours!

 

4.  ON THE DAY OF THE FUNCTION

  • Only Photographer: Please ensure that we are the only professional photographers for the Function. We cannot be held liable for over exposed photos caused by flash or lighting from other cameras/videocameras, or in the event that special moments are missed because we had to compete for photo opportunities.
  • Special Requests: If there is anything uniquely different, or any specific and distinctive request, then please tell us at least a week before the Function so that we can make sure there is time and opportunity for it in the schedule for the Function. We will do our best to capture special requests, but the images and Goods are always limited by the opportunities and circumstances on the day, including the weather, time allocated, availability of the people concerned and restrictions out of our control and any failure to capture such special requests will not affect the Agreement.
  • Coverage: We will cover the Function for the agreed number of hours, but we will not be held responsible for the lack of coverage caused by the Function starting late, not running on time, weather conditions, by any obstructed view out of our control, or restrictions on photography by the venue(s) or presiding persons. Our unique style documents the event and moments as they happen, and we cannot guarantee any specific photo, background, location or group arrangement. Re-shoots may be arranged if practicable, but the Photographer will not be responsible for costs ancillary
  • Overtime: Overtime will be charged at R1 750.00 per hour. Should we be required beyond the hours in the Package, we will get your okay before staying longer.
  • Meals: The Client(s) will provide meals for the Photographers during the time when a meal is being served to the guests. It would be great if they can have their meal where the guests are so that they can continue covering the Function during the meal.
  • Travel Expenses and Accommodation: The Client will be responsible for arranging accommodation for the Photographers if the venue(s) are more than 100 kilometers, or an hour’s drive from Northcliff Johannesburg, and the costs will be for the Client account. Travel charges of R5.00 per kilometer will be charged for travel over 50 km. Any travel more than 5 hours from Northcliff Johannesburg will be discussed and agreed between the parties and may require flights and a second nights accommodation.

5.   THE GOODS

  • I will edit the photographs and create the Goods as set out in the Package, including any additional orders.
  • Please let the Photographer know within 2 weeks if You want any changes made to the Goods, else it is confirmed that you are satisfied. This is especially important in the case of printed albums from third party suppliers.
  • The designs for the albums will be agreed prior to sending it for print. As part of the Package 5 hours for album design, or 2 sets of changes from the Client is included. If the Client requests further changes, a design fee of R500 per hour will be charged.
  • It is accepted professional practice that no photos can be returned, and no refunds can be claimed based on individual tastes or expectations. You have specifically chosen the Photographer for his unique look and feel, and he will apply his creativity, judgement and style to give you the best Goods possible.
  • Owing to reflectance caused by a combination of certain dyes and materials, it is sometimes impossible to capture the exact colour of a garment as seen by the human eye. The Photographer will do his best to produce pleasing prints and to provide a pleasing colour balance based on the flesh tones of the subjects but cannot guarantee exact colour matches.
  • The Goods will be sent to You by courier. The Client will be charged for any international courier fees, should that be required.
  • Please allow 6 weeks for the edited photographs, and 12 weeks for any edited videos. The lead time for any albums or photobooks will depend on the date that the final design is approved between the parties.

 

6. FORCE MAJEURE AND LIMITATION OF LIABILITY

  • We all know that sometimes things happen that is just totally unforeseen and completely out of our control. Although we agree that we will act honestly and fairly towards each other in sticking to this Agreement, this Agreement may be cancelled or amended without liability in certain circumstances.
  • In the event of a Client(s) death or hospitalization, no cancelation fee will be charged.
  • In the event of loss, damage, destruction or theft of the photographic equipment, the Photographer will not hold the Client liable.
  • In the event of loss, damage, destruction or theft of any property on thevenue the Client will not hold the Photographer liable.

6.5                 In the unlikely event of a total photographic 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 Package. Neither party shall be liable for indirect or consequentialloss.

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

  • In the unlikely event of the Photographer being unable to attend the Function due to any cause beyond the Photographer’s control, the Photographer reserves the right to appoint another photographer to attend to your Function on their behalf to undertake the committed 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 Function.

 

7.  SHOWING OFF

  • We both want to show the Goods to as many people as possible.
  • Although the Client will hold the copyright to the Goods, they specifically grant the Photographer the unrestricted right to use it the anywhere in the world as long as it is used lawfully. This includes the unrestricted right of the Photographer to claim authorship of the Goods 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.
  • We generally use the Goods to build the business and the brand, and that might include websites, exhibitions, competitions, magazine articles, and other such media and specifically Facebook and Instagram at the Photographers discretion.

 

8.  CANCELLATIONS

  • If you are booking the Photographer because you have been contacted directly or because of any direct marketing as defined in the Consumer Protection Act 2008, you would be allowed to cancel this Agreement, without reason or penalty, within 5 days from the date that you accepted the Quotation in writing. If you have paid any amount by that time, it will be refunded to you.
  • In all other events, should you cancel this Agreement, the below cancellation fees will be payable:
    • 90 days before the Function: 50% of the outstanding
    • 60 days prior to theFunction: 80% of the outstanding
    • 30 days prior to theFunction: 100% of the outstanding
  • It is agreed that these cancellation fees are reasonable based on the losssuffered by the Photographer due to suchcancellation, the time available to find a new booking for that date and the expected marketing costs of securing a new booking for that date.

9.  GENERAL

9.1                 Whether this Agreement is signed or not, the Client agrees to be bound by it by paying the Booking Fee, so please the Agreement carefully!

9.2                 Should there be a disagreement, the laws of South Africa will be used to determine any claim between the Client and the Photographer, and it is agreed that any action will be brought in a Magistrate’s Court in South Africa.

  • A summary of moneys outstanding prepared by the Photographer’s accountants will be sufficient proof of any amount owing.
  • If the Client breaches any condition in this Agreement, the Photographer shall without prejudice to any other remedies which he may have in law, be entitled to summarily cancel this Agreement without notice, and to re-possess any Goods already delivered. The Client then 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
  • The parties agree that all services and the Goods in terms of this Agreement, 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 Quotation, is to be regarded as an extension of this Agreement, and shall further become due and payable as if it was included in the Quotation.
  • 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
  • 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 thisagreement, or any consensual cancellation, shall not be valid unless reduced to writing and signed by the Client(s) and the Photographer.

 

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