Wedding Photography Agreement

This agreement is between Bronwyn Katzke, hereafter referred to as the “Photographer”, operating in Middelburg, Mpumalanga, and the signers of this wedding photography agreement, hereafter referred to as the “Clients”, collectively referred to as the “Parties”, for the booking of a wedding date, hereafter referred to as an “event”.

covid-19 terms & conditions

1. Client understand the Covid-19 virus has a long incubation period during which carriers of the virus may not show any signs or symptoms of infection and still be highly contagious. Client understands that Photographer will take all precautions suggested with Covid-19 prevention, but that it is impossible to determine who is infected/a carrier and who is not given the current virus testing limitations.
2. Client hereby agrees that a visitors log of all guests attending the wedding will be kept and made available for the purposes of contact tracing in the event of the Client, Photographer or any guests receiving a positive Covid-19 diagnosis.
3. Client hereby consents to the application of sanitizer products at any point in the duration of Photographer’s booked hours of coverage. Client agrees to ensure all guests, including minors in attendance, comply with this rule.
4. Client understands that government regulations are in place to prevent the spread of Covid-19, and that as the host/s of the wedding it is Clients responsibility to ensure regulations are upheld. Client agrees to ensure all guests, including minors in attendance, comply with current government regulations while in attendance of Clients wedding. Client agrees that should it be mandated in government regulations at the time of Client’s wedding, all attending will wear a face mask.
5. Client declares that should Client, or any guest in attendance, be diagnosed to be Covid-19 positive within 14 days following Client’s wedding, Client will immediately be in contact to let Photographer know of my/their positive diagnosis.
6. Client hereby releases Photographer from all liability with their receiving of a positive Covid-19 diagnosis following Client’s wedding. Photographer will provide notification of their diagnosis for contact tracing should they be diagnosed within 14 days of Client’s wedding.

photography terms & conditions

1. BOOKING: Client is required to pay a non-refundable retainer fee of 25% of their package total and submit this contract, fully completed, to Photographer to secure their wedding date booking. This retainer fee reserves Photographer’s services for the date of Client’s wedding and also includes all consultations, administration, preparation and sourcing/purchasing of equipment necessary to meet Client’s needs; as such in the event of cancellation by Client it is not refundable and acts as a cancellation fee.

2. SERVICE CO-ORDINATION & CO-OPERATION: Photographer is providing a service to the Clients signed on this contract only, regardless of who pays Photographer’s service fees or who manages wedding co-ordination. Clients may deal with Photographer directly or appoint a designated individual or event co-ordinator to do so. Client is required to fill in the wedding consultation form provided 3-4 weeks before Client’s wedding date, and return to Photographer no later than 7 days before Client’s wedding date.

3. EXCLUSIVITY: Client is hiring Photographer as the principle photographer to cover their wedding only. No other photographers may be hired by Client to capture Client’s wedding, with the exception of videographers for videography purposes only and secondary photographers sub-contracted by Photographer as requested by Client.

4. SHOOTING TIME: Client is booking the package as stated on their invoice for the stated hours of consecutive photographic coverage for their wedding day in Photographer’s style only. Extra hours may be booked by Client during the course of the wedding day at a rate of R2000.00 per hour, however additional hours will be subject to Photographer’s availability. Any additional hours booked on the wedding day will be paid by Client no later than 7 days from their wedding day.

5. PACKAGE FEES: Package fees are inclusive of a set amount of continuous shooting hours and a minimum number of edited digital images via digital delivery; all as stated on Client’s invoice. Packages fees also include an engagement session of a 15-20 minute lifestyle outdoor session within Middelburg (MP) with 15 fully edited digital photos via digital delivery.

6. TRAVELLING FEES: Travelling is charged from Photographer’s primary residence to the wedding venue and return at a rate of R4.50 per kilometre as based on standard AA rates, plus any incurred toll fees. Client shall be liable for this fee in addition to their package fees if their wedding is to be held outside of Middelburg, Mpumalanga. In the event of cancellation, all traveling fees shall be refunded to Client by Photographer.

7. ACCOMMODATION: If the wedding venue is 80km or further from Photographer’s residence, suitable accommodation is to be provided for both Photographer and Photographer’s assistant/second shooter. This is also subject to the degree of ruralness and proximity to major highways of Client’s wedding venue.

8. CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation of the wedding or Photographer’s services, Client will not be refunded their retainer fee in order to offset the loss of business and time Photographer has already invested in aiding Client and preparing for Client’s wedding. Cancellation is to be given to Photographer electronically in writing. Furthermore, Client will be subject to cancellation fees for the following amounts dependent on the notice period given to Photographer:
3+ weeks notice- Booking fee
2 weeks notice- Booking fee + 50% of remaining fees
1 weeks notice- Booking fee + 75% of remaining fees

9. PAYMENT: Client is required to pay a non-refundable retainer fee of 25% of their package total plus traveling fees as stated on their invoice to secure their wedding date booking. The remaining fees of 75% of their invoice total are to be paid in full no later than 14 days before the wedding date, unless prior arrangements have been made between Client and Photographer. If Client fails to make payment timeously, editing and retouching will not begin on Client’s photos until payment has been received in full. No photos will be released to Client without payment being received in full.

10. FORCE MAJEURE: If Photographer cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority, national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Photographer will give notice to the Client as soon as reasonably practicable after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. Photographer shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Photographer may, in Photographer’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a suitable replacement date consistent with Photographer’s availability, Photographer may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Photographer) already performed by Photographer related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event . In the case of a Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.

In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer for the Event. Should Client not accept a replacement photographer selected by Photographer to perform Photographer’s obligations under the Agreement, Photographer shall refund and shall have no further obligation to perform under the Agreement.

11. SAFE ENVIRONMENT: Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations. Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order and/or laws or Photographer’s participation in the Event would violate a Governmental Order and/or laws that could result in fines, imprisonment and/or a criminal record; and Client furthermore agrees that no fees shall be repaid by Photographer to Client. Client also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if Photographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event, or the violation of governmental laws, by-laws, mandates, and/or regulations. In such circumstances Photographer reserves the right to suspend their services to Client and no refunds shall be issued.

12. REFUNDS: Client understands they will not receive any refunds under any circumstances, with the exception of section 10 or 24 or in the event of the hospitalisation or death of Client or Photographer. Refunds will be minus any fees already incurred for services provided.

13. WEATHER & LASER LIGHTING: Due to the sensitive nature of camera equipment, Photographer reserves the right to stop shooting, and take necessary steps to protect the camera equipment in case the weather turns for the worst, such as in the case of rain. Photographer also reserves the right to stop shooting in the event of laser lighting being used at the reception, which can permanently damage Photographer’s equipment. Photographer will not be held responsible for any loss of photographs or shooting time due to weather conditions or the use of laser lighting at the reception. Final decision hereof resides with Photographer.

14. INJURY: Client shall not hold Photographer responsible for any injury or harm that may come to Client during photographic coverage.

15. EVENT GUIDE & SCHEDULE: Client will be responsible for (or have someone designated for the responsibility of) identifying people/objects of whom/which specific photographs are desired. Photographer will NOT be held accountable for not photographing desired key moments, individuals nor groups if there is no one to assist in identifying or gathering people for the photograph(s), if said individuals or groups fail to appear or said photographs are not specified by Client. In addition, while Photographer will make every effort to capture key moments within the time she is booked for, Client shall not hold Photographer responsible for failure to capture desired moments due to poor scheduling by Client or the designated wedding planner.

16. CO-OPERATION/NO SHOWS: The Parties agree to positive co-operation and communication for the best possible result within the definition of this assignment. Photographer is not responsible for key individuals’ failure to be present or to co-operate during photographic coverage, neither for missed images due to details not revealed to Photographer. Photographer recommends that the Clients designate an “event guide” to point out important individuals to Photographer, whom Client wishes to include in formal or candid photographs.

17. GUEST CO-OPERATION: Clients is responsible for the conduct of their guests. Photographer will not tolerate verbally, sexually or physically abusive behaviour, nor will Photographer share her time or compete with guest photographers for the attention of the subjects/Clients. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. Photographer reserves the right to stop coverage in the event of verbally, sexually, or physically abusive behaviour conducted towards Photographer by guests or Client and no refunds will be issued to Client.

18. REFRESHMENT PERIOD: It is requested that a meal be provided for Photographer and their assistant/second shooter at reception and Photographer and their assistant/second shooter shall take a rest period during meal service. If no meal is provided for Photographer and their assistant/second shooter, both shall take a rest period during meal service.

19. IMAGE SELECTION: Photographer will select images for editing as part of Client’s wedding package based on the natural procession of events of the day to create a coherent timeline. Photographer reserves the right to delete images during the selection process that do not meet Photographer’s quality standards.

20. COPYRIGHT: The Client recognises that the Photographer is the author of the Photographs and the owner of the copyright subsisting in them, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended. 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.

21. CLIENT’S USAGE: Client is obtaining digital 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 by photographer to Client; such actions are in violation of the copyright which is owned by Photographer.

22. 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.

23. EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment 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.

24. 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, Photographer’s liability is limited to a refund of 75% of payments received. 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 capture the wedding, responsibility and liability is limited to the return of all payments received or another photographer of equal skill can be arranged to photograph in Photographer’s place.

25. 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 their method of storage and/or display, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.

26. RETOUCHING, EDITS AND DIGITAL FILES: Standard editing includes: blemish removal and general editing to contrast, levels, saturation etc. Advanced retouching is not included in package fees and can be purchased for selected digital photos for an additional fee to be determined by the quantity of retouching required. Additional edited digital images may be purchased for the amount of R50.00 per an image.

27. ORIGINAL FILES: Original files are available by request of Client, in jpeg format at medium resolution only and Client is to provide a suitable storage device. Client agrees that no original files may be shared nor distributed in print nor digital format, or in any online environment.

28. DELIVERY: The Client understands that post production can take up to 6 weeks from the date of their wedding and is by electronic digital delivery via a private, password protected online gallery. Client acknowledges that their gallery will be hosted for 30 days only and it is Client’s responsibility to download their images during this period. Should Client require an extension of their gallery hosting or need their gallery to be re-uploaded and hosted for 30 days, they will be required to pay an additional R300 fee.

29. NON-DISPARAGEMENT CLAUSE: Client agrees that they will not disparage Photographer without due and substantiated reason. Should Client have any complaints after the delivery of their completed package, they are to be delivered in electronic writing no later than two weeks from delivery of their completed package.

30. CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the wedding date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service costs, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the completed wedding package.

31. ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.

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