Terms and conditions
The following words or expressions shall carry the meanings assigned thereto:
“Contract” or “Agreement”: These standard terms and conditions together with any and all annexures, including but not limited to a Contract for Services, Image License Agreement and/or Payment Plan Agreement, all of which is to be read together as one document and will have the effect of a legal and binding agreement between the Parties.
“Material(s)”, “Image(s)” or “Photograph(s)”: Includes but is not limited to all 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”: The photography package as selected by the Client(s), which predetermines the project type, number of hours for which the Photographer will be present at the session, as well as the material which is to be produced for the set price of that package.
“Photographer”: Jennifer Obermeyer, her representatives, successors, assignees and agents.
"Session", “Shoot” or “Booking”: The event at which and the number of hours or days in which the Photographer shall undertake to photograph the Client.
“Project”, “Commission” or “Assignment”: The total series of events, processes and procedures during which photographic services are provided to the Client by the Photographer and Urban Oranj.
“Client”: The person or organization, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs or materials by the Photographer and Urban Oranj.
Waiver and Indemnification
The Client and its agents, family members and assignees, if any, shall indemnify, and hold harmless Urban Oranj and the Photographer from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.
Deposit and Reserved Time
With the exception of an approved payment plan, a signed contract and a non-refundable deposit (60% of the estimate total) are required to secure the booking.
Payment of the deposit secures the time and services of the Photographer for the session and is non-refundable in the event of cancellation, it being understood that the deposit represents the agreed loss incurred by the Photographer due to the cancellation. In the event of a cancellation in excess of eight weeks in advance of the session date, the Photographer may, at her discretion, refund a portion of the deposit. All cancellations must be notified in writing.
It is understood that even with the signing of a contract and/or verbal agreement, no day is reserved and no work shall begin without a monetary deposit.
All standard photographic services and optional extras specified in writing to the Client and paid for in full before the session are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the session are supplied at the prices ruling at the time of receipt of the order.
These terms and conditions are governed by the laws of the Republic of South Africa, with the exception listed in ‘11. First Ownership of Copyright’ in these standard terms and conditions.
Unless otherwise stated in an approved payment plan, a signed contract and a non-refundable deposit (60% of the estimate total) are required to secure the booking. Bookings must be made a minimum of 7 working days prior to the shoot.
2. Payment Terms
With the exception of an approved payment plan, the remaining balance is due on or before the date of the session.
2.2. Additional Expenses
Any additional expenses incurred will be billed separately. Payment terms: net 7 - payment to reflect within seven days from invoice date.
2.3. Payment Plans
Should a payment plan be instituted, split, monthly payments are due at dates specified by the Photographer. The Photographer agrees to accommodate the Client to the best of her ability.
2.4. Late Payments
The Photographer reserves the right to charge interest on all overdue invoices at a rate of 7% per month or part thereof.
2.5. Kill Fees
Should the Client decide to kill the work after the brief has been met and 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.
2.6. Order Placements
Orders placed will be made ready for collection or dispatched once full payment of all relevant invoice(s) has been made. Cash and electronic transfers are accepted forms of payment.
3. Gift and Promotional Vouchers
3.1. Vouchers are valid for a single transaction and are not refundable or redeemable for cash in part or in whole.
3.2. Any purchase(s) exceeding the value of a gift or promotional voucher will be paid by the redeemer.
3.3. Vouchers do not include any additional expenses incurred in relation to the specified session (please see “4. Additional Expenses”).
3.4. Vouchers are not redeemable past their expiry date.
4. Additional Expenses
4.1 Extra Time
Mutual cooperation and punctuality are essential to accomplishing the goals and wishes of all parties. The session will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled start/end time will be billed to the Client at R850 per hour or part thereof.
4.2. Fuel and Parking Expenses
Fuel expenses are based on the distance between the session location and our commercial address. For all sessions the first 10 kilometers of round-trip travel by car are included. Any distance in excess of 10 kilometers will be charged for to the Client at R7.50 per kilometer. Parking expenses incurred during the session by the Photographer will be billed to the Client.
4.3. Venue Licenses/Permits
Any permits and necessary permission for all locations at which Urban Oranj will be performing services must be acquired by the Client.
4.4. Travel and Accommodation
For shoots outside of Gauteng or for shoots that require an overnight or extended stay, travel, meals and accommodation will be provided at cost to the Client.
4.5. Courier Services
Should the Client elect to have their Order(s) delivered to them, courier charges will apply.
5. Session Preparation
To ensure a successful session, it is imperative that the Client be prepared and ready to begin shooting at the scheduled start time. The Photographer will be available to offer recommendations throughout the process.
The Client is responsible for the following preparations:
- Overall appearance of the person/s to be photographed (hair, makeup, grooming, styling, as well as wardrobe changes/adjustments).
- Preparation and tidying of the location/setting, if shooting at the Client's place of residence or work.
- For food/product shoots: Any cleaning, polishing, preparation or styling of items to be photographed.
6. Breaks and Meals
The Client agrees to provide refreshments or a meal for any session over 5 hours. The Photographer reserves the right to a 30-45 minute rest period for any session longer than 6 hours.
7.1. Location Limitations
The Photographer is limited by the rules and guidelines set by the session location/s and site management. The Client agrees to accept the technical results of these impositions on the Photographer and negotiation with the officials for moderation of these guidelines is the Client's responsibility. The Photographer will offer technical recommendations only.
The Photographer reserves the right to terminate the shoot and leave the location of the session if the Photographer is subjected to inappropriate, threatening or hostile behavior from any person(s) at the session; or in the event that the safety of the Photographer or of the Photographer’s equipment is in question.
A) The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer, including but not limited to obtrusive guests, lateness of the Client, willingness and availability of guests/subjects, weather conditions, schedule complications, incorrect addresses provided to Urban Oranj, rendering of decorations, or location limitations.
B) Photographs taken during the course of the session will be at the discretion of the Photographer, although every effort will be made to comply with the Client’s wishes.
7.4. Personal Items
Urban Oranj is not responsible for any missing, damaged or altered items belonging to the Client.
8. Capture and Post-Production
8.1. Image Selection
The determination of images made available to the Client is left to the discretion of Urban Oranj.
8.2. Post-Production and Editing
The final post production and editing styles, effects, and overall look of the images are left to the discretion of Urban Oranj. The Client may not reject work on the basis of style or composition unless a rejection fee has been agreed in advance.
8.3. Turnaround Time
Unless otherwise specified and agreed upon in writing, post-production will take up to 15 working days of the session.
9. Viewing Sessions and Final Image Selection
9.1. Private Commissions
To facilitate the selection process, private commissions are followed by a complimentary viewing session. Unless otherwise indicated by the Photographer, these viewings are held at our commercial address.
If the Client is unavailable for a private viewing, a final image selection must be made by the Client via an online proofing gallery within 7 working days of notification.
9.2. Corporate, Commercial, Lifestyle and Event Commissions
Unless otherwise agreed in writing, for corporate, commercial, lifestyle and event commissions, the final selection of images is left to the discretion of Urban Oranj. Where applicable, additional images will be made available for purchase via an online proofing gallery.
10. Order Placements
10.1. Turnaround Time
A) Once payment has been made in full, print orders placed will take up to 10 working days to be ready for collection/delivery.
B) Once payment has been made in full, digital orders placed will be transferred to the Client electronically via We Transfer. Digital copies on a USB will be made available for collection/delivery within 24 hours.
The Client may choose to collect their order from our commercial address or have it couriered to them.
10.3. Package Changes/ Optional Extras
Once a deposit has been paid and the session secured, the Client may not downsize to a smaller package. Where applicable, additional images and materials will be made available for purchase during the final image selection process.
10.4. Additional Orders
The Client will have the option to place any additional orders within 120 days after the session has taken place. To conserve space, the Client’s images may be deleted or made unavailable thereafter and the Client waives any and all claims against Urban Oranj for the unavailability of such images.
All items are supplied at the prices ruling at the time of receipt of the order.
11. First Ownership of Copyright
11.1. The Photographer is the author of the Image(s) and the owner of the copyright subsisting in them, irrespective of the stipulations of Sections 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended.
11.2. In accordance with Section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall NOT apply to the Image(s) to be made in terms hereof and the Photographer will be the author of the work(s) and own the copyright subsisting therein.
12. Image Policy and Image Usage Rights
12.1. Image usage rights apply only to the Client and product as stated in the Image License Agreement and their benefit shall not be assigned to any third party without written permission by the Photographer.
12.2. Permission to use the Photographs for purposes outside the terms of the Image License Agreement will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further terms in respect of the Photographs will be subject to these terms and conditions.
13. Failure to Perform
If the Photographer cannot perform this agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s injury or illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost through computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
14. Cancellations and Postponements
14.1. In the event of a cancellation, the Client shall waive any rights to their deposit but shall not be charged the remainder of their session fee.
14.2. Should the Client wish to reschedule the session to a date within 30 days of cancellation, then their deposit will be applied to the new session. All services or purchases thereafter will be charged for in full at the prices ruling at the time of receipt of the booking. Cancellations must be notified in writing no later than 72 hours prior to the session.
In the event of late payment, non-payment or other breach of this agreement by the Client, the Client shall pay all of the Photographer's costs and expenses incurred in the enforcement of the terms of this agreement, including the Photographer’s attorney’s fees.
No variation or amendment to these terms and conditions shall be of any effect unless expressly agreed, in writing, by a person authorized to sign on behalf of Urban Oranj].