Photography by
GuyM
Terms and Conditions
Terms & Conditions:
1. Payment
1.1 60% non-refundable deposit payable with order.
1.2 Balance payable 2 days prior to shoot
1.3 This Agreement and all related invoices are not intended to be a Credit Agreement and are payable on demand.
1.4 Payment by EFT, Card or cash only.
1.5 Payment of deposit denotes acceptance of Terms and Conditions.
2. Dates, Time Periods and Orders
2.1 Dates can be rescheduled with prior notice for any reason by The Photographer
2.2 The Photographer may use an alternate photographer for the event if needed to prevent rescheduling.
2.3 Non-payment of any invoice will lead to an immediate suspension of works, delays shall be deemed to be caused by the Client., Standing time is billable at standard rates.
3. Contract
3.1 This is the full contract, no variations or amendments shall be applicable unless in writing and agreed by both parties.
3.2 Any relaxation of Terms and Conditions does not amount to a waiver of the contract.
3.3 The parties choose the above addresses as Domicillium et Executandi.
3.4 The parties agree to the jurisdiction of the Small Claims Court for amounts not exceeding R12000.00 and the Magistrates Court for all other amounts.
4. Damages
4.1 The Photographer is not liable for any incidental or consequential damages arising from the use of the images.
4.2 The Photographer will take every reasonable precaution to ensure the safety of the photographic equipment and capture the event as agreed.
4.3 Any claim for damages will be limited to the value of this agreement.
5. Inclusions, Exclusions, Allowances and General Terms
5.1 Anything not specifically quoted for is excluded.
6. Permissions, Authorities & 3rd Party Contractors
6.1 Any damages caused by 3rd parties will not be the responsibility of The Photographer.
6.2 The Client is to ensure free and unfettered access to the property, delays caused by Security point related issues will be billed at standard rates.
7. Travel, Accommodation and meals
7.1 All travel costs are for the account of the Client at a rate of R4.70 per kilometre for projects further than 50 kilometres from our base.
7.2 Accommodation to be supplied at clients cost for projects further than 150 kilometers from our base
7.3 Meals are to be supplied by client at shoots lasting more than 4 hours and when accommodation is called for.
7.4 Non Alcoholic beverages are to be supplied by clients on all shoots lasting more than 2 hours. (Tea, Coffee and Water are acceptable)
8. Cancellation and Rescheduling
8.1 If the Client cancels the contract less than 21 days before the event, the deposit will be forfeited.
8.2 Deposits will only be returned if
- The Photographer accepts the reason as valid
- Guy M Photography is able to fill the slot
- Rescheduling is not an option
8.3 Rescheduling can only occur with a minimum of 14 days notice
8.4 If rescheduling occurs, the Photographer will make every effort to accommodate the new date, subject to availability.
8.5 GuyM reserves the right to cancel and not return deposits if
8.5.1 The Client fails to meet any payment deadlines timeously.
8.5.2 The Client unilaterally makes any changes to or cancels the contract.
9. Quotes and availability
9.1 Errors and Omissions excepted.
9.2 Quotations are valid for 7 days from date of issue.
9.3 Dates are only reserved on receipt of deposit on a first come first served basis.
9.4 If we are unable to reserve your date, your deposit will be returned within 7 days of order. This is not applicable to rescheduled dates.
10. Extra’s and Additional Works
10.1 Additional work requested by the Client while The Photographer is on site shall not be considered a variation, alteration or a change of the Terms and Conditions of the contract.
10.2 Extra work requested by the Client are billable at the same rate as the quotation.
11. Copyright and Usage Rights
11.1 The Photographer retains all copyrights to the images created during the event.
11.2 The Client is granted a non-exclusive, perpetual license to use the images for personal use.
11.3 Commercial use of the images requires prior written consent from the Photographer.
12. Late Payment
12.1 Administration fees of R500.00 per month will be added to overdue bills.
12.2 Maximum interest added monthly, compounded as specified by the National credit Act will be levied on overdue bills as per Incidental Credit Agreements.
12.3 Any discounts offered become void if payments are not timeously made.
13. Model Release
13.1 The Client grants the Photographer permission to use images from the event for promotional purposes, including but not limited to social media, website portfolios, and printed publications.
14. Delivery
14.1 The Photographer shall make available a selection of low res photos online for the client to select images to be edited within 7 days of the event. These are not to be used for social media.
14.2 The Photographer agrees to deliver edited images within 3 - 4 weeks after client selection.
14.3 Delivery will be made electronically via an online gallery ready for download. Low res images for social media with watermarks and high res images without watermarks for printing will be supplied.
14.4 RAW images will not be supplied.