Terms and conditions
The following words or expressions shall carry the meanings assigned thereto:
“Photographer”: Jennifer Obermeyer.
“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.
“Contract” and “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)”, “Photograph(s)”: All prints, digital files, negatives, digital scans, design, artwork, montages, drawings, engravings and/or any other products comprising or containing reproductions, adaptations or compilations of any form of photographic material produced by the Photographer.
"Session", “Shoot” and “Booking”: The event at which and the number of hours or days in which the Photographer shall take photographs for the Client, including but not limited to setup and breakdown times, travel time between session locations (where applicable), time spent on wardrobe, hair and styling, on-site image review and breaks (where applicable) throughout the session.
"Session Fee", "Fee" or "Sitting Fee": A fee paid prior to the shoot by the Client to the Photographer which covers the expenses incurred in pre-production for the shoot, as well as the Photographer's time, talent, equipment and studio operation costs for the duration of the shoot.
"Image Purchase Price": The retail price of images made available to the Client for purchase after the photo session. Image post-production/retouching, administration costs, licensing and printing costs (where applicable) are included in the image purchase price.
“Project”, “Commission” or “Assignment”: The total series of events, processes and procedures during which photographic services are provided to the Client by the Photographer.
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.
SESSION FEE AND RESERVED TIME
Unless otherwise specified in writing by the Photographer, a signed contract and full payment of the session fee are required to secure a booking. Payment of the session fee secures the time and services of the Photographer for the shoot and is non-refundable in the event of cancellation, it being understood that the fee represents the agreed loss suffered by the Photographer due to cancellation. In the event of a cancellation in excess of four weeks in advance of the session date, the Photographer may, at her discretion, refund the session fee. 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 payment of the fee.
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.
FIRST OWNERSHIP OF COPYRIGHT
The Photographer is the author of the Image(s) and the sole 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.
Unless otherwise stated in writing by the Photographer, all bookings must be made and payment of the session fee must reflect a minimum of 7 working days prior to the shoot.
2. Payment Terms
2.1. Image Purchase
Images are not included in the session fee and will be made available for purchase to the Client after the shoot. Image post-production/retouching, administration costs, licensing and printing costs (where applicable) are included in the image purchase price.
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
The Client may elect to pay off any order/s exceeding R5000 to the Photographer over a total of four months. 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/dispatched once full payment of all relevant invoice(s) has been made and an Image License Agreement has been signed by the Client and returned to the Photographer. 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 must 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
Sessions commence at the scheduled start time and end at the scheduled end time. At the Photographer’s discretion, 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 the Photographer's commercial address. For all sessions the first 10 kilometers of round-trip travel by car are included. Unless otherwise specified in writing by the Photographer, any distance in excess of 10 kilometers will be charged to the Client at R3.50 per kilometer. Parking expenses incurred during the session by the Photographer will be billed to the Client.
4.3. Venue Permits/Permission
Any permits/permission for the use of locations at which the Photographer will be performing services must be secured and 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 for the Photographer and her staff (where applicable) 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.
The Photographer reserves the right to a 20-30 minute rest period for any session longer than 6 hours.
6.1. 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.
6.3.1. 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 the Photographer, rendering of decorations, or location limitations.
6.3.2. 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.
6.4. Personal Items
The Photographer is not responsible for any missing, damaged or altered items belonging to the Client.
7. Capture and Post-Production
7.1. Determination of Available Images
Where applicable, the determination of images made available to the Client for selection and purchase is left to the discretion of the Photographer.
7.2. Post-Production and Editing
The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The Client may not reject work on the basis of style or composition unless a rejection fee has been agreed in advance.
7.3. Turnaround Time
Post-production will take up to 20 working days of the session.
8. Viewing Sessions and Final Image Selection
8.1. Portrait Commissions
Private portrait commissions are followed by an in-person viewing session where a ‘best of’ selection of the session’s images will be made available to the Client for review and purchase. Unless otherwise indicated by the Photographer, viewing sessions are held at her commercial address and take place once post-production has been completed, up to 20 working days after the shoot.
8.2. Corporate and Commercial Assignments
Unless otherwise agreed in writing, for corporate and commercial assignments, image selection by the Client will take place after the shoot before post-production takes place.
9. Order Placements
9.1. Turnaround Time
9.1.1. Orders placed can take up to 10 working days to be ready for collection.
9.1.2. Digital files are presented on a USB and come standard in a high resolution with digital copies sized for web.
The Photographer agrees to notify the Client as soon as their order is ready for collection. The Client agrees to collect their order within 10 working days of notification. Should the Client elect to have their order delivered to them, a courier can be arranged at cost to the Client.
9.3. Additional Orders
The Client will have the option to place any additional orders within 90 days after the session has taken place. To conserve space, the Client’s images may be made unavailable thereafter and the Client waives any and all claims against the Photographer for the unavailability of such images.
All items are supplied at the prices ruling at the time of receipt of the order.
10. Image Policy and Image Usage Rights
10.1. 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.
10.2. 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.
11. 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.
12. Cancellations and Postponements
Cancellations must be notified in writing to the Photographer no later than 72 hours prior to the shoot. In the event of a cancellation, the Client shall waive any rights to their session fee. Should the Client however choose to reschedule within 30 days of cancellation, then their fee 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.
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 the Photographer.
15. Applicable Law
These terms and conditions are governed by the laws of the Republic of South Africa, with the exception listed in ‘First Ownership of Copyright’ in these standard terms and conditions.