Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding/event.
Family and friends of the Client shall be permitted to photograph the wedding/event as long as they shall not interfere with the Photographer's duties and do not photograph
poses arranged by the Photographer.
Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. The deposit shall be applied to reduce the
total cost and the client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of the event date, Client shall be default
hereunder and shall pay 20% interest, accumulated on a daily basis, on the unpaid balance until payment is made in full. Delivery of the proofs, prints and/or optional extras to
the client, to be made only once payment is received by the photographer in full.
Unpaid debt. The photographer shall, in respect of all unpaid debts due from the client, have a general lien on all goods and property in his hands and shall be entitled
on the expiration of 14 days notice delivered by registered mail to the Client to dispose of such goods as he thinks fit and to apply the proceeds towards such debts.
The debtor will be responsible for the payment of all legal costs and collection charges on the Attorney/Client scale, for outstanding debts handed over for collection.
Cancellation. If the Client shall cancel this Agreement ninety (90) or more calendar days before the wedding date, any deposit paid to the Photographer shall be returned
in full. If the Client shall cancel within ninety (90) days of the wedding date and if the Photographer does not obtain another assignment for that date, liquidated damages shall
be charged in a reasonable amount not to exceed the deposit.
Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs and previews, shall be the exclusive property of the
Photographer. Proofs will be available for collection 21days after the event date unless otherwise specified. The photographer will not be liable if there are delays in processing.
Copyright and Reproductions. The photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. In accordance with
section 21(1)(e) of the South African copyright Act no 98 of 1978 as amended, the provisions of sections 21(1)(c) shall not apply to the work(s) to be made in terms hereof and the
photographer will be the author of the work(s) and the owner of the copyright subsisting therein.
Client's Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the
Photographer. If Client is obtaining a print for newspaper announcement of the wedding, the Photographer authorizes Client to reproduce the print in this manner. In such an event,
the Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so. A license
to use the images for other applications than the original agreement can be obtained by the client at a negotiated fee from the photographer.
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 illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability
shall also apply in the event that photographic materials are damaged in processing, lost through camera 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.
Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer's illness or of scheduling conflicts. In the event of
such substitution, the Photographer warrants that the photographer taking the photographs shall be a competent professional.
Inherent Qualities. Client is aware that colour dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the Client releases the Photographer
from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Photographer's Standard Price List. The charges in this Agreement are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders
shall be charged at the prices in effect at the time when the order is placed.
Client's Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any
other purpose, in the event of loss or damage the Photographer shall not be liable.
Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of
a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
