We will always do our best to fulfil and, hopefully, even exceed your photography needs. But it is often best for everyone to have a few things written down to clear things up for everyone involved, who does what and when, and what happens if something does not go according to plan.
As is the industry standard, all our photography is conditioned upon our business’s Terms and Conditions. These terms may vary with each photo assignment. Terms and Conditions will be included with every Quote and Invoice.
Here is a look at our general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand.
Definitions:
“The Photographer” is Hein Jonker and/or Adriaan Jonker. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client, whether made orally or in writing, are subject to these terms and conditions, which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
Website:
The content and images used on our website are the property of and copyrighted by ShutterXposures and the rightful photographer. Certain images may be utilised on other websites under the control of the Photographer and/or ShutterXposures. No images or content may be copied, duplicated, or otherwise taken from our website without the express written permission from Hein Jonker and/or the work creator.
Payment Terms:
A 50% NON-REFUNDABLE deposit is required to confirm any booking with ShutterXposures. Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the deposit. The deposit will be at the Photographer’s discretion at the time of contract signing and is usually necessary for events that are scheduled some time out.
Balance of payment – payable on or before the day of the photoshoot. No images will be released until the final balance is paid in full.
Example: The Photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work, you will be invoiced, and payment is due. Payment can be made by Electronic Funds Transfer (EFT) or other means agreed upon prior to the shoot.
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
Booking:
Booking Days: The Photographer may be booked by the Day (up to eight (8) hours), Half-Day (up to four (4) hours), or per Hour. The minimum booking slot is sixty (60) minutes unless otherwise agreed or indicated.
Confirmed Bookings: All-day bookings are calculated at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours, time and a half will be charged. After ten (10) consecutive working hours, double time will be charged unless arrangements have been made in advance. Sundays and legal holidays are billed at time and a half.
Preparation & Wrap-Up Time: Preparation time is billed by the hour.
Travel Time: Travel time is calculated at an hourly rate if travel time exceeds sixty (60) minutes from our studio.
Cancellation Fees:
Cancellations for Events: Your deposit is non-refundable. Cancellations of an event confirmed bookings must be made one week prior to the booking; otherwise, a full fee will be charged, and full reimbursement will be expected. (e.g., costs incurred from transportation, flights, etc.)
Weather Permit: The type of weather must be specified. A same-day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day.
In such instances, the Photographer may charge in full for his expenses (e.g., including but not limited to; the hire of specialist equipment, props, model fees, etc.), that he may have incurred prior to or during the assignment taking place.
Example: The Photographer is scheduled to shoot an event, and the event is cancelled the day prior to the agreed time. The Client contacts the Photographer to advise of the cancellation. At that time, the Photographer will charge for a full day of the agreed contract amount plus 100% of any rental fees or other actual expenses. If the Photographer has completed any portion of the travel, the Client will be invoiced for all travel expenses as if the work had been completed.
If the work is cancelled on or before the day of the scheduled work for any reason by the Photographer, the Client agrees to reschedule the work, if possible, at their earliest convenience.
The Client will not be charged for travel or any other expenses if the Photographer cancels the work.
Postponements:
Unless otherwise agreed in writing, the Client will be charged a 100 percent fee if postponement of the assignment occurs after the photographer has departed for the location and a 50 percent or 60 percent fee (equivalent to the deposit paid) if postponement occurs before departure to the location.
Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
Overruns:
The Photographer may make additional charges should an assignment overrun which is beyond the control of the Photographer (e.g., including but not limited to the Client requesting additional photographs over and above the Client’s original brief, etc.). If the work cannot be completed within the agreed amount of time, Brandon Barnard Photography and the Client agree to amend the contract, either verbally or in writing, to provide for additional time as required to complete the work.
Example: If the Photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the Photographer or the Client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the Client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to work in the original contract and payment for the full contracted amount will be due on the invoice, regardless of whether images have been created or provided to the Client. The Client will receive all work products following payment.
Completion of the work:
Work is complete when the Photographer provides the Client with the agreed material purchased. This includes a Dropbox link, access to a Pixieset, and/or prints (as per each contract’s specifications) containing all of the JPEG images photographed on behalf of the Client. Watermarked Images and/or Proofs may not be copied from the web gallery and/or Dropbox or used in any form without express written permission.
Conduct:
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
Delivery of Products and Services:
The supply of products and services are provided by the Photographer on a best endeavour basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, floods, fire, loss, or damage in transit, etc.
Prices & Terms:
All prices shown within the Photographer’s price list are subject to change without prior notice.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Copyright:
Following South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. ShutterXposures retains all copyright benefits for all images created by himself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications, or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by the Photographer Hein Jonker, and the magazine pays you for the image. You owe ShutterXposures 100% of that payment + liquidated damages, on-demand.
Example #2: You send an image created by a Photographer from ShutterXposures to a commercial website for sale to the public or other financial gains. You owe ShutterXposures 100% + liquidated damages of any income derived from the use of that image.
If the Client wishes to own the Photographer’s copyright, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. We ask for a simple copyright statement to be placed near or on the image and for notification of use to be communicated to ShutterXposures. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, and any other use that would be considered commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Photographic Integrity and Alterations:
The client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect to the Image(s) alone or with any other material, without the prior express permission of the Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness and cropping are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
Rejection:
The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance. The remuneration must be paid in full even if the ordered and delivered photographic images are not used.
Dispute Resolution:
In the event of an irresolvable 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.
Kill Fees:
If the client decides to kill the work after the brief has been met and the work has been delivered by the deadline date, full payment must be made. If the Photographs are not publishable, through no fault of the Photographer, the Client agrees to pay 100% of the Photographer’s account.
Variation:
No variation of the terms of this contract shall be recognised unless agreed in writing.
Applicable Law:
This agreement shall be governed by the laws of the Republic of South Africa.