Terms and Conditions Photowise™ (Pty) Ltd™ (Pty) Ltd
1. This AGREEMENT is entered into by the parties as set out in the Photowise™ (Pty) Ltd Quote, WHEREAS, the Photographer is a professional photographer of good standing and agrees to create the Images in accordance with the specifications described more fully herein;
WHEREAS, Clients wish the Photographer to create Images (“the Images”) described more fully herein on the date of the shoot (set out in the set out in the Photowise™ (Pty) Ltd Quote,); and WHEREAS, the Photographer wishes to create such Images pursuant to this Agreement.
2. Client acknowledges that photography on shoot day is at the sole artistic discretion of the Photographer. Client acknowledges that the photographer has a specific style and adheres to the said style. No shots throughout the day are guaranteed .
3. Processed digital photos to be delivered within two weeks, or as agreed between the parties.
4. The Photographer hereby retains full copyright, until Photographer has been paid in full. Client assumes all liability for any form of copyright infringement.
5. Client agrees to reimburse the Photographer for all reasonable extra travel expenses not allowed for in the original quote at a rate of R4,40 per km, as well as all Out-of-Pocket Expenses such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as it becomes available.
6. Client agrees to pay the Photographer a reservation fee of 50% of the contract fee upon the signing of this Agreement. Upon signature, the Photographer reserves the time and date agreed upon. For this reason, all reservation fees are non-refundable, even if the wedding date is changed or canceled for any reason. There shall be NO refund of any payment made, unless in the shoot of the Agreement being terminated by the client(s) 30 days before the shoot. Client is aware that the photographer is blocking off the particular date in question therefore turning away any other potential work on that date therefore no cancellation and no refund is permitted after this date. In the shoot of a termination of this Agreement by the Client, the Client agrees that all fees already paid to the Photographer as of the date the notice of termination is received by the Photographer will be forfeited. Termination by the Client shall be in writing.
7. Final payment is due on the day of the shoot. Images will not be delivered until payment is received in full.
8. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
9. The Photographer and any of his agents or third party associates will not be liable in the unlikely shoot that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of god, equipment or other failures. The Photographer is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the shoot that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the shoot the Photographer fails to perform for any other reason, the Photographer‘s liability is limited solely to the return of all payments received from the Client under this Agreement.
10. All disputes arising under this Agreement shall be submitted to binding arbitration in Pretoria, by in Arbitrator, agreed upon by both parties. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.
11. Subject to paragraph 6 (Payment), the Client may terminate this Agreement at any time prior to the Photographer’s commencement of work and may terminate thereafter if the Photographer fails to adhere to the specifications or schedule for the Images. This Agreement shall also terminate in the shoot of the Photographer’s bankruptcy or insolvency. The rights and obligations of the parties pursuant to Paragraphs 4, 9, 10, 11, 12, and 13 shall survive termination of this Agreement.
12. This Agreement constitutes the entire understanding between the parties. By accepting the quote and paying the reservation fee the Clients acknowledge that they have read, fully understand and agree to these terms and conditions. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of South Africa.
13. It is the sole responsibility of the Client to secure permission from any venue for the shoot for the Photographer to photograph there. The Photographer will abide by the rules of the venue in regards to camera/equipment placement. Many cities and private venues/businesses are charging a photography permit fee. The client is responsible for the payment of such fee. In the shoot clients fail or refuse to pay for any such permit fee despite having been informed by the Photographer that such fee is required, client is responsible for any and all related costs or fines if applicable.
14. The Photographer makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Photographer, especially during live or unstaged shoots such as events. It is also understood that the Client is hiring the Photographer for his technical and artistic expertise and, therefore, the Photographer reserves the right to edit the Images as he sees fit. The Photographer does not guarantee that everyone involved in the shoot will be photographed or will be included in the final Images. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life. Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference.
15. Two requests for changes to the final Images will be allowed there after changes are subject to an editing surcharge of R550 per hour.
16. The signing of this agreement by the Clients constitutes a commercial model release by the Clients to the Photographer. The Photographer will have the right to make reproductions include but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release, this includes using images as illustration or in training material and workshops. Client waives the right of tort of invasion of privacy due to any reproductions.
17. The Photographer may substitute another photographer to take the photographs in the shoot of Photographer’s illness or of scheduling conflicts. In the shoot of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
18. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event and other contracted shoots.
19. The client will provide the photographer with the programme of the day.
Terms and Conditions for Studio Rental
STUDIO RENTAL AGREEMENT
Effective January 1st, 2020
By engaging with Photowise™ (Pty) Ltd (herein after referred to as the “Photowise”) to rent a studio on your behalf (herein after referred to as the “Studio”) you, the undersigned (herein referred to as the “Client”), hereby state that you have read, fully understand and agree to be bound by the following terms and conditions. “Client” is defined as the person responsible for paying for the studio rental.
Client will provide 50% of rental fee as reservation fee for all reservations of studio space. Client’s date will not be held until this payment is received and cleared. Payment is not refunded unless notice of cancellation is made at least 72 hours before Client’s reservation date (Client will receive a full refund if cancellations occurs prior to 72 hours before the reserved date). In the event of the Client cancelling less than 72 hours prior to the reserved date, Client will forfeit the reservation fee. If the Studio must cancel Client’s reservation, Client will receive a full refund. Payment of the balance of the Client’s rental must be received before Client’s reserved time begins. Studio reserves the right to refuse reservations at its sole discretion.
Length of Use:
Hourly rental periods are 60 minutes. Half-day rental periods are 4 hours. Full day rental periods are 5-8 hours.
Overtime will be calculated in increments of 15 minutes beyond the contracted end-time of the rental period in the event of Client arriving late – Client’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time.
Use of the studio and our equipment is AT CLIENT’S OWN RISK. Client hereby waives rights to seek legal redress for mishaps, accidents, theft and/or loss while on our premises. Client agrees to leave the studio and adjacent grounds in the same condition, as they were when Client arrived. Clients are solely responsible for any legal infractions Client or members of Client’s party make during the conduct of the shoot, be they in our studio or elsewhere. This includes all other violation or citations, and legal action resulting from the conduct of the shoot, taken at whatever time. Client agrees to hold harmless Photowise, its owner, agents, representatives, and contractors acting on its behalf for any loss, accident, or injury to Client’s self or anyone who accompanies Client while on our premises. Client agrees to be solely responsible for the conduct and welfare of all persons
accompanying Client while on our premises. Clients are solely responsible for the safety and well- being of any models Client engages. Client understands that if the Studio observes dangerous, under aged nudity or explicit pornographic, or negligent practices or activities are being engaged in the Studio reserves the right to stop the shoot and require Client and Client’s party to leave immediately — HOWEVER, Studio assumes NO RESPONSIBILITY to act in such cases. Client agrees to hold Photowise Studio, its agents, representatives, and anyone acting on behalf of Studio completely harmless from any action, legal or otherwise, that results from Client’s conduct. Clients are solely responsible for verifying that all models employed during Client’s rental period are of legal age for the activities they are to be engaged in. Studio has no responsibility to determine or verify the age of participants in the Client’s activities but reserves the right to end those activities if it becomes aware that legal age violations are on-going. Client agrees that a Studio representative will be present in the studio at all times Clients are using it.
Any damages or losses incurred by the Studio (by any means whatsoever) during the rental period or by the client, crew or service providers of the client will be the responsibility of the client at new replacement value (or nearest estimate). Damages must be settled in full within 7 days from incident date.
The Studio area includes the studio curves as well as common areas such as the make-up area, change room and bathroom. Additional areas are available per arrangement and costs may apply.
Studio agrees to provide equipment in good working order, but makes no special guarantees as to said equipment’s functionality or suitability to Client’s purposes. Studio is not liable for acts out of its control that affect the shoot, such as power outages, weather or emergencies. In such cases, Studio will refund a prorated portion of Client’s payment. The infinity curve and walls of the studio are intended as a backdrop and may not be used for any other purposes. No persons are to step on or mount anything to the walls or curve of the studio.
This Agreement incorporates the entire understanding and agreement between the Client and the Studio. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The parties have read both this entire Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.