Terms & Conditions
This agreement is between Bronwyn Katzke, hereafter referred to as the “Photographer”, operating in Middelburg, Mpumalanga, and the individual or parties booking Bronwyn Katzke’s services, hereafter referred to as the “Clients”, collectively referred to as the “Parties”.
1. USER AGREEMENT: By booking with Photographer, Client is agreeing to the terms and conditions and acknowledges that it is Client’s responsibility to read and understand the terms and conditions as laid out here.
2. COMPLIMENTARY VOUCHERS: Complimentary vouchers issued to Client by Photographer are done so exclusively at Photographer’s discretion. They are non-transferable and not exchangeable for cash, prints or any other form of session other than the type indicated on the voucher. Concepts for complimentary voucher sessions are also at Photographer’s discretion.
3. BOOKING & PAYMENT: Photographer reserves the right to decline Client for booking if the desired work does not fall within Photographer’s fields of speciality in Photographer’s style of work only.
Client is required to pay 50% of the invoice total as a non-refundable booking fee and fill in the booking form to secure their booking. The remaining 50% is to be paid within three days of the session date in cash or via electronic funds transfer. No work will be released to Client without their invoice being settled in full.
4. CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation of the session, Photographer will not refund Client’s 50% booking fee as per point 3; exceptions to this clause being the event of the death of Client.
5. TRAVELING: Travelling fees for within Middelburg, Mpumalanga are inclusive of package or quoted fees. Travel outside of Middelburg is charged at standard AA rates of R4.50/km, exclusive of toll fees which are charged at an additional rate.
6. MAKEUP: Unless otherwise indicated in package details, makeup is not included in package fees and can be booked for an additional fee. It is Client’s responsibility to inform Photographer of any conditions that may contraindicate the application of makeup on Client.
7. CLOTHING HIRE: Photographer has a selection of clothing available exclusively for Client’s use for Client’s photoshoot. All clothing and hangers are to be returned to Photographer within 48 hours of the session date and Client will be held liable for any damages sustained to clothing and/or hangers while in Client’s possession. Late fees of R100 per day and damage fees of R500 will be payable to Photographer by Client for any late returns or damage to clothing.
8. CO-OPERATION/NO SHOWS/SPECTATORS: Photographer is not responsible if Client and/or key individuals fail to appear or co-operate during photo shoots, or for missed or compromised images due to details not revealed to Photographer. The session can be rescheduled at the original fees and no refunds will be given. Client also agrees that their session not be attended by anyone other than the individuals appearing in the photos or parental guardian in the event of minors being photographed, and parental guardians will not compete with Photographer for Client’s or subject’s attention during session time. Client also accepts full responsibility for minors in their care in attendance of sessions; this extends to said minor’s behaviour/co-operation and/or to any damages incurred to Photographer’s property by said minors.
9. SHOOTING TIME: Client understands that Photographer works on a set schedule. While Photographer will accommodate Client to the best of their ability if Client is late for their scheduled photoshoot, Client understands they will be forfeiting a portion of their booked time.
10. WEATHER: If it is not possible for an outdoor session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date as soon as possible with no additional charge.
11. INJURY: Client shall not hold Photographer responsible for any injury or harm that may come to Client/s during a photo shoot/session.
12. RESHOOTS: In the unlikely event that the finished product from a session is unusable due to technical problems (camera failure or exposure problems) only, Photographer will reshoot at no additional charge. Photographer will not reshoot nor refund if Client is unsatisfied with outcomes that are beyond Photographer’s control; ie. body weight, positioning or pose, non-co-operation of individuals, wardrobe choice, etc.
13. POST SESSION: Client agrees that initial image selection will be at Photographer’s discretion and Client will have the option to select the image quantity as per their invoice package. Client’s selection gallery will be available for selection for 7 days only. If Client has not selected their image after 7 days and still wishes to do so, a reactivation fee of R150 will be payable to Photographer by Client. Client can purchase additional high resolution, edited files at an additional fee.
14. RETOUCHING, EDITS AND DIGITAL FILES: Standard portrait retouching includes: blemish removal and general editing to contrast, levels, saturation, exposure etc. for a stylised effect; with the exception of high end retouching for creative sessions. For standard portraiture, high end retouching is available at an additional fee.
15. ORIGINAL FILES: All digital image files captured by Photographer are in RAW format to ensure high image quality. No original files in either jpeg, RAW or physical negative format will be given to Client under any circumstances. Photographer retains the right to delete all copies of original and edited files within three months of the session date.
16. DELIVERY: Client understands that they shall receive their retouched digital images via online gallery within 2 to 4 weeks of their selection being submitted to Photographer. Photographer shall not be held liable for Client’s failure to download images within the 6 months their gallery is hosted online.
17. COPYRIGHT: Client agrees that all images captured are copyrighted to and remain the property of Photographer. No copies of images may be sold for profit in either printed or digital format by either Client or Photographer. Client is granted a print release permitting Client to print copies of their allocated images for personal use.
18. CLIENT’S USAGE: Client is obtaining digital and/or print images for personal use only, and shall not sell said images. Client agrees to not edit/alter/watermark their digital images or permit a third party to do so by way of any photo editing software or app; only Photographer may make alterations to any images; such actions are in violation of the copyright which is owned by Photographer; Client may be held liable if found in violation of copyright law.
19. MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes (except pornographic, defamatory, libelous or otherwise unlawful), and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
20. EXHIBITION: Client grants Photographer permission to display selected images resulting from their photo shoot/session as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
21. LIMIT OF LIABILITY: Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control prior to Photographer’s delivery of images to Client, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
In the unlikely event that Photographer is injured or becomes too ill to attend the photo shoot/session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, responsibility and liability is limited to the return of all payments received.
22. PRINT LIFE: Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
23. NON-DISPARAGEMENT CLAUSE: Client agrees that they will not disparage Photographer without due and substantiated reason on any online platform.