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AGREEMENT:
Entire Agreement: This agreement contains the entire understanding between Carolien and Ben Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by both parties.
Reservation: Upon your signature, Carolien and Ben Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the reservation payment of (50% of the photography package agreed on, excluding album packages) is non-refundable even if the date is changed or the wedding is canceled for any reason, including acts of God, fire, strike and extreme weather. The reservation payment is to be paid at the time of signing of the contract. Client understands and agrees that the entire amount owed for the agreed package is due no later than one (1) week before the wedding day. Client agrees that if the balance is not paid by this time, Carolien and Ben Photography is under no obligation to photograph the wedding day as described in the contract. This could also result in loss of reservation by the Client.
The reservation payment is non-refundable and no claim can be made, by the Client, to have the amount of the reservation payment refunded.
The Client will remain responsible for the balance of the full amount should any cancellations be made less than four (4) months before the wedding date.
The Client agrees to set aside at least 30 minutes of time before the ceremony commences where they are fully dressed and ready for portraits.
The Client agrees to an hour of time after the ceremony for a couple portrait session. Sunset times can be obtained from timeanddate.com - we need light for prettiness – please consult with us about the ideal time for your couple shoot.
If the Client's late arrival/readiness prevents either of these above mentioned time windows from occurring Carolien and Ben photography will not be held liable for failing to obtain such portraits and the amount of photographs given to the client may also be affected negatively.
A family photograph list must be provided with provision of 30 minutes per 10 – 12 family photographs. Client acknowledges that having a person/s to assist Carolien and Ben photography will be of great help in the smooth running of family portraits and will have a positive impact on the effective management of the days' schedule.
Timeline: Client agrees that Carolien and Ben Photography will work according to the provided timeline(changes in timelines may be made up to a day in advance, please keep in mind to confer with Carolien and Ben Photography with regards to these changes). Changes and late arrivals/readiness may cause problems with regards to sunlight availability and/or the amount of photographs that can be obtained. If a schedule runs late it may also result in extra hours becoming necessary – these will be charged at R2400.00 per hour.
House Rules: Carolien and Ben Photography is subject to the house rules of the chosen venue/s and will honour these rules.
Digital Negatives and Copyright: The digital negatives produced by Carolien and Ben Photography are protected by the copyright law(all rights reserved) and Carolien and Ben Photography retains the copyright to all photographs and images produced. The client may reproduce any images in any way that they like for sharing and enjoyment for themselves, friends and relatives. This reproduction excludes the re-editing and/or changing by the Client, in any way, of the photographs as rendered by Carolien and Ben Photography as the final product. The Client must obtain written permission from Carolien and Ben Photography prior to the Client or anybody else publishing or selling photographs for profit..
Model Release: The Client hereby grants Carolien and Ben Photography and it's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included for editorial, advertising and any other purpose.
Exclusivity and Guest Photography: Carolien and Ben Photography will be the only official photographer at the Client's wedding. The Client will not use the services of another photographer/s at their wedding for any purpose whatsoever. Should another photographer be hired and such information come to the attention of Carolien and Ben Photography such a discovery, at any time whatsoever, will make void any responsibility of Carolien and Ben Photography mentioned in this agreement but all responsibilities of the Client mentioned in this agreement, including payments, will remain in effect.
Guest photographers will not be allowed during official portrait sessions. It is our experience that guest photographers always distract both the Client and the Photographer and that a guest photographer has a negative impact on the quality of the photographs.
General Conduct: Carolien and Ben Photography agrees to professional and pleasant behaviour on your wedding day. Should any situation arise that may cause Carolien and Ben Photography serious concern with regards to their ability to effectively photograph the wedding day of the Client it is agreed that Carolien and Ben Photography will immediately bring such matters/situations under the attention of the Client and that the Client will address these problems immediately in order for Carolien and Ben Photography to continue providing their professional services.
Such a situation, when not addressed or solved by the Client may result in the effective photographing of the Client's wedding day being seriously hampered and may also have a negative impact on the amount of photographs that can in the end be given to the Client.
Digital Processing: 8-10 weeks. Client may not re-edit any of the digital negatives provided to them. Re-editing may be requested from Carolien and Ben Photography at the rate of R450.00 per hour.
Editing will be at the discretion of Carolien and Ben Photography and will include colour, black and white and fine art toning on the images.
Finished product: Once the finished product is handed over to the client the preservation and safekeeping becomes the responsibility of the client.
Trust: The Client states and agrees that the Client books Carolien and Ben Photography as artists in their own right, and that the Client books Carolien and Ben Photography based on their style and portfolio. The Client agrees that Carolien and Ben Photography will be allowed, by the Client, to photograph the Client's wedding as presented by the Client, in the specific style and method of Carolien and Ben Photography. The Client agrees that the wedding of the Client is as the Client decides on and presents the wedding of the Client, and that the wedding as presented by the Client is what will be photographed by Carolien and Ben Photography. The Client agrees that the responsibility for presenting a specific style and feel for décor and location is the responsibility of the Client.
Right of withdrawal: Carolien and Ben Photography's discovery of new information, changes or other factors tending to the circumvention of it's policies could result in the withdrawal of Carolien and Ben Photography. Non cooperation, changes of locations, facilities or time available, missed appointments and late payments are examples of contributing factors. Should Carolien and Ben Photography initiate the withdrawal before the wedding day all fees and deposits will be returned, expecting and excepting fair market value for all services and products already provided which will be deducted before any fees are returned.
Limit of Liability: In the unlikely event of severe medical, natural or other emergency it could be necessary to retain a different photographer. Carolien and Ben Photography will make every effort to secure a skilled replacement photographer.
Carolien and Ben Photography takes the utmost care with respect to exposure, transportation, and processing of photographs and digital storage media, memory cards, hard drives, cameras and any other medium used for storing digital negatives and backups. However, in the unlikely event of those photographs having been lost, stolen or destroyed for reasons within of outside of the control of Carolien and Ben Photography, Carolien and Ben Photography's liability is limited to the return of all payment received for the event package. The limit of liability for a partial loss of originals shall be a pro-rated amount of the exposures lost based on the percentage of the total number of the originals.
Performance: The performance of this contract on behalf of Carolien and Ben Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers and/or conditions beyond it's control.
Severability: If any provision of this agreement is held to be invalid or non-enforcable under law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
Travel: Travel in Pretoria or Johannesburg is free. Any travel outside the confines of Pretoria and Johannesburg will be as follows: the first 50 kilometres will be for free and will be calculated at AA rates from there onwards. If the wedding is more than 120 kilometres from the residence of Carolien and Ben Photography accommodation will be required. The requirements with regards to accommodation will have to be discussed with Carolien and Ben Photography.
Amendments: This contract has been freely negotiated and shall be recognized as the entirety of the agreement, and only those changes or modification specifically placed in writing, attached, signed and dated by Client and Carolien and Ben Photography at the time of the signing shall be recognized as amendments of this contract.