Terms and Conditions
The parties are recorded as:
An Eye 4 An Eye Photography & Videography
(hereinafter referred to as the Photographer and Videographer)
1.It is agreed that the Client requires the professional services of the Photographer / Videographer as set out in the Invoice.
2.It is agreed that the professional services will be provided on a best-effort basis on the agreed date, time and at the agreed location in accordance with the standard terms of trade for such as set out in the Invoice, and description of
and for the professional services will be the binding rate for the services outlined herein and accepted by the Client at date of signature of the Invoice subject to the provisions of (4) here under.
3.The agreed service fee, (as set out in the Invoice), applies to the professional services fee of the Photographer / Videographer and the Client understands that any materials / travel / accommodation included in the overall Invoice may be
subject to unknown increases in the costs of supply by third parties whose services are vital and material to the provision of the services required of the Photographer / Videographer. This applies to
items such as fuel, air transport, hotel accommodation, chemistry, photographic papers, photo books, canvas prints and other stock-in-trade vital to the provision of the services requested of the Photographer / Videographer.
Any increases over and above the invoice amount will be for the Client’s account and will be added to the balance due and payable with final invoice.
4.The Client understands that, while every reasonable precaution is taken by the Photographer / Videographer to protect data, including (but not being limited to) the provision of back-up equipment, secure backup and
duplication of image files / document drafts and / or materials used, unforeseen circumstances such as lightning strike, hijacking, fire, theft and / or other conditions may lead to the loss of all or some of the
data carrying the intellectual property pertinent to the completion of the professional services agreed to. It is material to this agreement that the Client understands that the only remedy offered in the
case of partial and / or total loss of data and / or materials is to arrange a re-shoot if possible / re-write re-supply or a no-charge photographic session with the Photographer / Videographer and that no other
compensation for direct or consequential losses to the Client can and will be entertained.
5.Where a specific time period is included in the Invoice, such time period shall run from the time of arrival at the first location specified by the Client at the time agreed to and expire after the designated period set
out in the Invoice, up to and including the time of final departure of the Photographer / Videographer from the agreed location(s), regardless of the circumstances provided by the Client or subject to the
Photographers / Videographer discretion at that specific time. Should the circumstances be as such that the function / event / photo shoot / other runs late during the specific time period included in the Invoice and the
Photographer / Videographer is not able to fulfill their quota of specified images / Videos, as set out in the Invoice, the Photographer / Videographer shall not be held liable for any shortcomings in image / Video quantities
and the Client takes full responsibility for the delay in the specified time period and the shortcomings in the images / Videos. The Photographer / Videographer will not be held responsible, nor will any refund or any
other form of compensation be entertained by the Photographer / Videographer in this instance. The specified quantity of images / Videos set out in the Invoice is subject to the function / event / photo shoot / other running
during the specified times set out in the Invoice.
6.It is material to the agreement that, in order for any professional services (as detailed in the Invoice), to be booked and confirmed, a securing non-refundable administrative booking of up to 50% of the agreed assignment
fees as set out in the Invoice, be paid to and / or received by the Photographer /Videographer upon signature of the Invoice. No photos/video’s or data will be given to the Client until payment has been made in full.
This amount will be payable upon completion of photo/video shoot and before any Data or photos/video can be delivered. No claim may be made by the Client against the administrative booking under any circumstances where the
Client cancels the function, appointment, booking or interview. The only remedy available to the Client for the return of any administrative booking paid will be in circumstances where the Photographer / Videographer
(or an appointed alternate service provider as decided upon by the Photographer / Videographer in their sole discretion) is unable to provide the services contemplated for any reason due to unforeseen circumstances
such as debilitating illness, injury and / or the actions of third parties which prevent the Photographer / Videographer (or an appointed alternate service provider as decided upon by the Photographer / Videographer in her
sole discretion) from arriving to undertake the professional services agreed to herein. The Client understands that in the event that the Photographer / Videographer has appointed an alternative service provider to proceed
with the booking, the service provider selected by the Photographer may not have the same rate or fee as the Photographer and an additional fee may be payable to the alternative service provider, failing which the Client has
the option to forfeit the admin booking retainer and select their own service provider at their own and additional cost.
7.It is understood by the Client that any delay in signature or payment of the Invoice (whether by omission, lack of available funds or any other cause whatsoever), the period of which coincides with another
request for professional services on the same day and / or time requested by the Client from another party (which is secured by a signed Invoice and payment of the administrative deposit), will result in
such other party securing the services of the Photographer / Videographer for the date / time and that no claim may be raised as to the priority of service provision for the party that has not yet signed the
Invoice and / or paid their administrative deposit.
8.The Client affirms that they are satisfied that the Photographer / Videographer is able to provide them suitable services as required for their requirements on a best-effort basis utilizing previous
experience and skill but that, notwithstanding anything to the contrary, variations in the scope, quality and volume of work provided may occur due to factors not within the control of the
Photographer / Videographer such as (but not being limited to) poor weather, unsuitable lighting, atmospheric conditions, non-cooperation of third parties, legal restrictions which may be enforced on the
day of service provision, power failures, strikes / lockouts, civil unrest, non-arrival of third parties not under the control of the Photographer / Videographer, physical conditions afflicting people being
photographed / Filmed such as (but not limited to) acne, influenza, lack of sleep, rashes and / or wrinkled or soiled clothing, dirty vehicles used and visible in photographs / videos, the condition of the
location and / or décor as but some examples and that no claims may be made citing any such factors as a reason for any claim whatsoever.
9.It is understood that the Client is the owner of the copyright of any work commissioned but that the intellectual property rights of the work vest in the Photographer / Videographer whose authorship
must, at all times of publication or public display, be acknowledged alongside any work produced by them. The Client may not, therefore, publish, use or otherwise commercially appropriate the
images / brochures / books / text / recordings and / or other intellectual property provided as a consequence of this agreement in any manner other than that which was agreed to herein and in the
Invoice. Any additional commercial usage, publication or appropriation is to be discussed and agreed to between the Photographer / Videographer and the Client and any un-agreed to commercial usage of
the intellectual property will render the Client liable to additional usage charges as per the normal usage and publication fees in force by the Photographer / Videographer at the time of such additional commercial usage.
10.1.1. EXCLUSIVE PHOTOGRAPHER
The Photographer will be the exclusive photographer retained by the Client for the purpose of the photography services, as set out in the Invoice. Family, friends etc. are prohibited from photographing
during any Location photo shoots, studio shoots, during the official wedding photographs after the ceremony involving the Bride, Groom, Bridesmaids, Grooms-men and the Bride and Groom’s family, and any
set photographs that the photographer has specifically arranged during any function and or event.
10.1.2. EXCLUSIVE VIDEOGRAPHER
The Videographer will be the exclusive Videographer retained by the Client for the purpose of the Videography services, as set out in the Invoice. Family, friends etc. are prohibited from filming
during any Location recordings, studio recording, during the official wedding Filming after the ceremony involving the Bride, Groom, Bridesmaids, Grooms-men and the Bride and Groom’s family, and any set
filming that the Videographer has specifically arranged during any function and or event. The videographer is not under any obligation to record for long periods, ie if the package
states 10 hours coverage – it is understood that the vidoegrapher will be their for 10 hours and under which he/she will not be recording for 10 hours straight. The videographer is there for the
duration of time given in the said package, to record clips when necessary – and to create a stylistic video at the videographers discretion. The videographer shall not entertain any recordings
which diverts from the said final product under which the videographer shall use his/her own discretion.
10.2.ADMINISTRATIVE BOOKING / RETAINER & PAYMENT
The Client will be issued with an Invoice which has a unique Invoice Number, which is subject to this Agreement. On date of receipt of the Invoice by
the Client the administrative booking retainer becomes payable and due. It is to be paid via EFT or online payment into the account specified on the Invoice. No booking will be secured without the administration
booking retainer having been paid and cleared in the bank account set out on the Invoice and is subject to (7) above. The balance of the Invoice (if any) is to be settled via EFT or online payment, into the bank
account set out prior to hand over of Photos/ Video’s and data and other service (as set out on the Invoice). The Photographer / Videographer will not be held liable for any payments made into the bank account in error
by the Client. Any payment made into the Photographers / Videographer ( or designated bank account given by the photographer/videographer, company) by the Client, confirms acceptance and acknowledgement and understanding of this Agreement of Terms and Conditions and the Invoice.
The Invoice is valid for a period of six months from the date set out on the Invoice, once the administrative booking retainer has been received, as being the date of issue of the Invoice. The said photo shoot is to be
redeemed within a six month period from the date of issue of the invoice, (except in the instance of a wedding, event or function booking) in the instance that the initial booking is postponed or cancelled for whatever reason.
Failing which the Invoice will become null and void and the booking will be cancelled. No refund will be entertained in this instance. The Photographer/Videographer will not do any shoot/film until full payment has been made
(This includes booking fee, retainer fee and full payment fee). The Videographer/Photographer (company) shall not accept cash payment – the only payment method shall be through EFT or Online Payment, due to liability.
Any and all payments must be cleared before photographer/videographer shall entertain any filming, digital shooting or any such work.
If the Client wishes to cancel the booking, the administrative booking retainer will not be refunded. The Client is encouraged to change the booking date to a more suitable date to both parties
(subject to the Photographer’s / Videographers availability). 14 days cancellation is required from date of invoice in order to receive a full refund of the booking retainer, providing it has not conflicted with
any bookings (In which does not include any all bank charges inflicted upon the photographer / videographer or designated account given). Failure to change the booking date within the specified time will result
in cancellation of the booking and loss of the administrative booking retainer and any other payments that have been made. No exceptions or special circumstances will be entertained.
The Photographer/videographer shall have the exclusive right to make reproductions of any photographs/video’s taken in respect of the booking. The photographer/videographer shall only make reproductions for
the Client, for the Photographers/videographers portfolio, samples, self-promotions, entry into photographic contests, art exhibitions, advertising, illustration, editorial use or for the display within the outside
of the Photographers/videographers studio, including printed materials, media on the internet, and any current or future digital media. If the Photographer/videographer desires to make other uses, the photographer/videographer
may so, without the oral or written permission of the Client.
10.5. CLIENTS USAGE
The Client may obtain prints/video’s of the photographic/video material from the shoot for personal use only, and shall not sell or authorize any reproductions thereof. If the Client is obtaining a print for a
newspaper announcement the Photographer/videographer authorizes the Client to reproduce the print/video’s. In such event the Client is shall instruct the newspaper to run a credit for the Photographer/videographer
alongside or underneath the photograph/video’s.
10.6. PROCESSING OF PHOTOGRAPHS/VIDEOGRAPHY
processing / editing / creative work on the photographs/Video’s may take up to 3 weeks. The Photographer/Videographer endeavors to expedite all photographic/Video’s work on behalf of the client. Collection of
all photographic/Video’s material belonging to the Client (as per the Invoice), is to be collected from the Photographer/Vidoegrapher at a mutually agreeable location and a date and time mutually agreeable
between the Photographer/Videographer and the Client. Alternatively postage or delivery of the photographic/Video material Can be arranged, at an additional cost to the Client.
The creative aspect of the editing process (including, but not limited to, black and white conversions, sepia conversions and selective colour) is at the discretion of the Photographer/videographer.
Any additional conversion, whether to original colour or to black & white, sepia or selective colour etc will be at an additional charge to the Client. The Client will at no stage be permitted to view the
full set of RAW images / video and will only be issued with the finished product, as per the invoice. The Photographer/videographer is not liable to deliver every image/video taken at the photo/video shoot, event, function or
wedding. The determination of images/video delivered to the Client is left to the discretion of the Photographer/videographer. No RAW images/video’s will be delivered to the Client under any circumstances.
10.7. IN CLIMATE WEATHER CONDITIONS
Should the weather not be suitable (including, but not limited to, rain/thunder/hail/snow) to carry out the said photo/video shoot (not including pre-arranged events, such as a weddings and or events and functions),
the Photographer/videographer undertakes to contact the Client no later than 2 hours prior to the photo shoot to re-schedule the date and time, to a date and time mutually suitable to both the Client and the
Photographer/videographer (subject to the Photographers/videographer availability). Should the Photographer/videographer not be able to contact the Client telephonic-ally within an hour preceding the photo/video
shoot the Photographer/videographer reserves the right to cancel such booking and reserves the right not to re-schedule or re-book such photo/video shoot and any / or all payments in respect of such shoot will not be refunded.
10.8.ORDERING AND REDEEMING OF PRINTED ITEMS INCLUDED ON AN INVOICE
Any and all printed items, including (but not limited to) canvas’s, framed prints, poster prints, photo books, and post cards, MUST be ordered and redeemed within 3 months from the date of the photo shoot, event, function or
wedding, as set out on the invoice. Failure to inform the photographer/videographer of your order to redeem your printed item will result in the item becoming null and void and no compensation for the item will be entertained.
It is the Clients responsibility to ensure that they order the specified printed item(s) timorously.
The Photographer / Videographer reserves the right to terminate coverage and leave the location of the Photo/video shoot, event, function or wedding if the photographer / Videographer experiences inappropriate, threatening, hostile or |
offensive behavior from the Client or person(s) at the photo/video shoot, event, function or wedding or in the event that the safety of the photographer/videographer is in question.
The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer / Videographer will be performing services.
10.11.RELEASE OF LIABILITY
The Client agrees to release the Photographer / Videographer from all liability relating to injuries that may occur during all photography/videography as set out in the invoice. By signing this agreement, the Client agrees
to hold the Photographer / Videographer entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence. The Client agrees that he/she and his/her
participants do not have any conditions that will increase the likelihood of experiencing injuries while engaging in any photography carried out by the Photographer/Videographer. The Client agrees that by signing this Agreement, the
Client will forfeit all right to bring a suit against the Photographer / Videographer for any reason relating to loss or damage to the Clients property and/or injury or illness sustained during any photo/video shoot carried out by the
Photographer / Videographer, as per the invoice.
Drones require a third party service, if requested from photographer/videographer to entertain the Client with a drone, the videographer/photographer shall do their best to seek third party services for drone requested.
Prices may differ and third party services may have their own terms and conditions. We are not liable or responsible for and such inconveniences or issues that may arise from making use of this third party service.
This concludes the Agreement of Terms and Conditions.