Most of the following terms and conditions only apply for weddings but there are some points that will apply in general.
A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). Please make sure to initial each page of this contract. If the EVENT(S) is rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to ADELE VAN ZYL PHOTOGRAPHY. The CLIENT shall also be responsible for payment for any of the ADELE VAN ZYL PHOTOGRAPHY’s materials charges incurred up to time of cancellation.
The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from ADELE VAN ZYL PHOTOGRAPHY by the CLIENT.
ADELE VAN ZYL PHOTOGRAPHY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from ADELE VAN ZYL PHOTOGRAPHY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from ADELE VAN ZYL PHOTOGRAPHYis in question.
SHOOTING TIME / ADDITIONS:
The CLIENT and ADELE VAN ZYL PHOTOGRAPHY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
If the venue is more than 200km from Mossel Bay, a B&B could be required on photographers’ request.
A seat and a meal must please be reserved at the reception for the Photographer and an assistant. Please communicate with the photographer, depending on your chosen package or timeline; other meal arrangements can be made.
All travel expenses are based on the distance between the EVENT location(s) and ADELE VAN ZYL PHOTOGRAPHY studio address in Mossel Bay. Traveling included in packages 50km from Mossel Bay, there after R4/km. Please note that the cost is calculated as a return trip.
ADELE VAN ZYL PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of ADELE VAN ZYL PHOTOGRAPHY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to ADELE VAN ZYL PHOTOGRAPHY, rendering of decorations, or restrictions of the locations. ADELE VAN ZYL PHOTOGRAPHY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. ADELE VAN ZYL PHOTOGRAPHY is not held liable for missed coverage of any part of the EVENT(S). ADELE VAN ZYL PHOTOGRAPHY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS:
ADELE VAN ZYL PHOTOGRAPHY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on ADELE VAN ZYL PHOTOGRAPHY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; ADELE VAN ZYL PHOTOGRAPHY will offer technical recommendations only.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which ADELE VAN ZYL PHOTOGRAPHY will be performing services.
FILM and COPYRIGHTS:
The photographs produced by ADELE VAN ZYL PHOTOGRAPHY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without ADELE VAN ZYL PHOTOGRAPHY’s explicitly written permission. If the CLIENT has purchased an “Image DVD” from ADELE VAN ZYL PHOTOGRAPHY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from ADELE VAN ZYL PHOTOGRAPHY, ADELE VAN ZYL PHOTOGRAPHY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to ADELE VAN ZYL PHOTOGRAPHY. The CLIENT must obtain written permission from ADELE VAN ZYL PHOTOGRAPHY prior to publishing or selling the photographs.
The CLIENT hereby assigns ADELE VAN ZYL PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY:
In the unlikely event that the assigned photographer from ADELE VAN ZYL PHOTOGRAPHY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of ADELE VAN ZYL PHOTOGRAPHY, ADELE VAN ZYL PHOTOGRAPHY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond ADELE VAN ZYL PHOTOGRAPHY’s control, including but not limited to camera, hard drive, or equipment malfunction, ADELE VAN ZYL PHOTOGRAPHY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. ADELE VAN ZYL PHOTOGRAPHY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY:
ADELE VAN ZYL PHOTOGRAPHY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of ADELE VAN ZYL PHOTOGRAPHY.
Photos can be collected from ADELE VAN ZYL PHOTOGRAPHY; you will be notified when it’s ready for collection. Courier or delivery costs are not included and will be charge extra/separately.
POST PRODUCTION AND EDITING:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of ADELE VAN ZYL PHOTOGRAPHY.
Please be patient when waiting for us to finish editing the photos, for good quality we need time.
No editing of the CLIENT is allowed on the finished product without written permission from ADELE VAN ZYL PHOTOGRAPHY.
Although ADELE VAN ZYL PHOTOGRAPHY will do their best to produce more images than discussed with the client, there is no guarantee that any particular number of images will be produced. All images presented to the CLIENT are FINAL SELECTION, any other images will not have passed our quality control and therefor will not be processed or released to the client – EMPHASIS SHOULD BE LAID ON THIS POINT.
PHOTO BOOK PRODUCTION PROCEDURE:
When a photo book is included in the package or requested separately, The CLIENT will receive a form with their disc of completed photos. On this form the CLIENT will be able to choose a certain amount of photos for their photo book. This form needs to be returned to ADELE VAN ZYL PHOTOGRAPHY, in order for the design of the photo book to take place. In the event of the CLIENT not returning this form to ADELE VAN ZYL PHOTOGRAPHY within 3 months of receipt, ADELE VAN ZYL PHOTOGRAPHY can proceed by designing the photo book using their own discretion. No changes will be allowed after the 3 month period has expired.
The aforementioned 50% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, ADELE VAN ZYL PHOTOGRAPHY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). This also includes that no photos will be delivered unless full payment is received. Returned checks will be assessed a R100 non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from ADELE VAN ZYL PHOTOGRAPHY.