Photographer Randburg

1. DESCRIPTION OF PARTIES, TERMS & DEFINITIONS

   1. ​​The “Client” (or “you/r”) herein refers to the person or organisation, its representatives, successors, assignees, agents and affiliates or family members requesting the provision of photographic services and supply of photographs

   2. The “Photographer” (or “us/our/we”) refers to Eve Smith Productions and all its photographers, videographers, directors, shareholders, representatives, associates, assistants, affiliates and/or assignees.

   3. All contracts verbal or written are only accepted on the basis that the Terms & Conditions of the Photographer are the only ones applicable.

   4. Other Terms & Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.

   5. Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.

   6. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.

   7. When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
       

2. USAGE RIGHTS​

   1. The License to Use comes into effect from the date of full payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoices(s) without the Photographer’s express permission. Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The License to Use only applies to the advertiser and product as stated on the cost estimate / invoice and its benefit shall not be assigned to any third party without the Photographer’s written permission.
       

3. COPYRIGHT OWNERSHIP​

   1. The copyright of the Photographs commissioned by the Client is owned by the Client, with accordance to the South African Copyright Law Act.​

   2. The entire copyright in the Photographs commissioned by the Photographer is retained by the Photographer at all times throughout the world.
       

4. OWNERSHIP OF MATERIALS

   1. The ownership of all physical materials used in all photos is retained by the Photographer at all times

   2. RAW images are not supplied. An application for the supply of RAW images can be made before the shoot begins and temporary specific usages right may be purchased per image.
       

5. EXCLUSIVITY​

   1. The Photographer retains the right in all cases to use the Photographs in any manner, at any time and in any part of the world for the purpose of advertising or otherwise promoting his/her work, unless otherwise agreed. 
       

6. INDEMNITY​

   1. The Client shall be responsible for obtaining clearances for third party copyright works, Trade Marks, designs or other intellectual property and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.​

   2. The Client indemnifies the Photographer against all or any claims of any nature or description, civil or criminal, which may be brought or instituted against the Photographer by any third party or authority, arising during the course of the assignment and related in any way thereto, or alleged to arise from or relate to the subject matter of any photograph(s) or sensitized material taken or processed or otherwise dealt with by the Photographer at the instance or request of the Client.​
       

7. CLIENT CONFIDENTIALITY​

   1. The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the Photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.​
       

8. BRIEFS AND COST ESTIMATE​

   1. The Cost Estimate is based upon analysis of the Client Brief Questionnaire completed by the Client at the time of initial service enquiry. The hours quoted are the minimum hours estimated to complete the assignment. It is understood that a Cost Estimate can only be made on the information given by the Client at the time and for the purposes stated in the estimate. Any subsequent alteration to the Brief renders the estimate liable to cost variations. The photographer will include in the estimate only those items or personnel that are specifically requested by the Client. Where the Client is paying directly for items or personnel, the Photographer may supply a separate indication for these, but shall assume no liability.​

   2. Where specific details are missing in the brief, the client undertakes to accept the photographer’s interpretation.

   3. The brief shall become binding upon the Client and the Photographer upon acceptance of the Cost Estimate. Any amendment to the Brief shall be submitted to the Photographer in writing. On acceptance, all terms of a Cost Estimate shall be legally binding.

9. THE ASSIGNMENT​

   1. The client is responsible for having a representative present at all times when the assignment is being executed to approve style and content.

   2. Where no representative is present, the client shall accept all decisions made by the photographer in relation to execution of the brief.​ In the case of a large amount of similar products to be photographed, a sample shot will be sent to the Client at the photographer's discretion to approve the style & content which will be used for the other photos.

   3. Once the post-editing is completed, low-resolution photos will be uploaded onto an online gallery for the client to view and pick the final images.
       

10. PAYMENT​ & ADDITIONAL EXPENSES

    1.  A 50% booking fee of the hourly rates amount is required upon acceptance of the quotation. If not shot in studio, a 100% of travel expenses, accommodation and hiring costs are payable before the start of the assignment. 

    2. Booking for the service is only confirmed once the booking fee has been received. 

    3. Billing hour starts upon entry in the Photographer's studio/client site and ends upon leaving the Photographer's studio/client site. A part of an hour will be billed as a full hour. 

    4. Invoice for the balance of payment will be issued once the quotation has been accepted and booking fee paid. 

    5. Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at its request, the Client shall give approval to and be liable to pay such extra expenses or fees, at the Photographer’s normal rate, in addition to the original estimate agreed. A quotation is deemed an estimate of how long the shoot will take. The photographer will not be held to the quotation if the shoot takes longer than estimated. If the time quoted is not enough the Client will be informed as the shoot progresses and has to decide whether to continue and pay extra expenses or stop and forfeit the photos not taken yet. 

    6. Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice(s). If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by The National Credit Act, Incidental Credit Agreement, from the date payment was due until the date payment is made.

    7. Final high-resolution photographs will not be released prior to receiving full payment of all outstanding invoices.
        

11. REJECTION​

    1. If the Client is not present during the shoot then the Photographer’s interpretation of the brief is deemed acceptable to the Client. There is no right to reject on the basis of style or composition. In the event of any rejection, fees payable to the Photographer are in accordance with what appears on the quotation.
        

12. CREDIT LINE​

    1. For editorial use, Client agrees to provide a credit line in the form of “© Eve Smith Productions” in type no smaller than the nearest text and immediately adjacent to the picture used, unless agreed in writing prior to the shoot taking place.​
        

13. POSTPONEMENT​ AND CANCELLATION

    1. A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement. If a confirmed shoot is canceled or postponed for reasons (including unsuitable weather / light) outside the control of the Photographer, the Photographer reserves the right to charge a cancellation fee together with all incurred expenses.

    2. On shoots of two days duration or less, cancellation within 2 days’ notice = 100% of fees + expenses.

    3. Cancellation between 3 & 6 days’ notice = 50% of fees + expenses.

    4. On shoots in excess of 2 days duration:

       1. Cancellation within 2 days’ notice = 100% of fees + expenses.

       2. Cancellation between 3 & 6 days’ notice = 75% fees + expenses. ‘Fee’ means Photographer’s fees as they appear on the quotation. ‘Days’ means working days. ‘Shoot Duration’ includes all shoot, travel, recce, preparation or test days. ‘The Shoot’ is defined as the number of confirmed days whether the job is undertaken as a whole or in separate parts. ‘Expenses’ include any and all costs incurred by the Photographer pursuant to the Client’s brief.​
           

14. SHELF FEES​​

    1. If the client decides to shelve the project after the brief has been met and work has been delivered by the deadline date, full payment must be made.

    2. If the Photographs are not publishable, through no fault of the Photographer, the Client agrees to pay 100% of the Photographers account.
        

15. STORAGE OF PHOTOGRAPHS​​

    1. Eve Smith Productions will keep all images and video clips on archive for a reasonable amount of time (at least 1 year from the date of completion), after which it may be permanently discarded. It is the client’s responsibility to backup any digital files you receive.​
        

16. LIABILITY​

    1. The Photographer’s entire liability for any breach of this Agreement or any representation, act or omission (including negligence) to the Client is limited to the contractual value of the Cost Estimate accepted for the assignment by the Client. The Photographers shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.​

    2. Delivery estimates are made by the Photographer in good faith, but in the event of an Act of God or circumstances beyond the reasonable control of the Photographer, the Client shall have no claim for damages consequential or otherwise against the Photographer because of the late or non-delivery of the material. Whilst every effort shall be made by the Photographer to carry out the terms of the contract, he/it shall not be liable for any loss or damage sustained by virtue of the non-fulfillment thereof as a result of inability to secure labour, materials or supplies, or as a result of any war, Act of God, pandemic, strike, lockout, electricity blackout, or the like, or through any other cause beyond the Photographer’s control.
        

17. APPLICABLE LAW

    1. This agreement shall be governed by the laws of South Africa
        

18. NON-PAYMENT​

    1. In the event of non-payment or other breach of this agreement by the client, the Client shall pay all of the Photographers costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fees.​
        

19. VARIATION

    1. These Terms & Conditions shall not be varied except by agreement in writing.

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