Exclusivity. In order for the Client to receive the best service and most compelling photos possible, The photographer must be the exclusive professional photographer for the wedding. Additional professional photographers may be employed only with prior written permission from The photographer. Guest or family photographers are welcome with one caveat: The photographer will request your intervention if a guest or family member is inhibiting our ability to fully document your wedding.
Copyright. All photographs created by The photographer are copyright protected. It is a violation of South African copyright law to copy, scan, or allow photographs, The photographer have created to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered [digitally or otherwise], without The photographer’s express written permission. The Photographer herewith grant the Client a lifelong license to use the images for personal purposes, including print & electronic use, but specifically excludes any alterations, whether digitally or otherwise.
Limits of liability. While every reasonable effort will be made to produce and deliver outstanding photographs of the wedding events, the entire liability of The photographer to the Client for any claim or loss arising from our performance is limited to a refund to the Client of the amount paid for services. Because a wedding is an uncontrolled event, The photographer cannot guarantee delivery of any specifically requested image(s). In the unlikely event of personal illness or other circumstances beyond the control of The photographer, a substitute photographer acceptable to you may be sent to fulfill the obligations of The photographer. In such case that the Client declines the substitute photographer, the Client may terminate this agreement and receive a full refund of all moneys paid. The photographer will not be held liable for the finished product or incomplete coverage in the event of tardiness or time restrictions placed on The photographer by the Client or any outside vendors, including clergy or church restrictions and/or policies on the day of the event. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. All refunds will occur within 30 [thirty] days.
Permissions. It is the clients responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day.
Payment for services. A non-refundable R4’000-00 [four thousand] retainer [deposit] is due at the signing of this Agreement. Upon receipt of the retainer The photographer will reserve your date and be available to you on that date. The non transferable retainer is applied toward your final total payment. We will not reserve your wedding date until receipt of the retainer. The final payment of the balance owing is due no less than 10 [ten] days before the wedding date. Note that photography will not start until this is paid. If this Agreement is signed less than 10 [ten] days from the wedding date, then all payments are due at signing. If the remaining balance is not paid in full 10 [ten] days prior to the scheduled date of the event, we reserve the right not to photograph the event.
Model release. The photographer may only make reproductions for the Client or for The photographer portfolio, samples, or self- promotions, or for professional competition and review. The Photographer will not make reproductions for other use without first obtaining written permission from the client.
Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before the PPSA [Professional Photographers Association of South Africa] and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than R500-00 [Five Hundred].
This Agreement incorporates the entire understanding of the Parties, and the Parties agree to all its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties. Any modifications of this Agreement must be in writing and signed by all parties. Each person signing as Client(s) below will be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement.