FAMILY PHOTOGRAPHY

TERMS & CONDITIONS – FAMILY & COUPLE PHOTOGRAPHY

In the following terms & conditions agreement “the photographer” shall mean Karlien Geldenhuys operating under Pixel Link Design Ltd. “The client(s)” shall be those persons defined as the responsible adult in the family photography booking. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of the terms and conditions shall be effective unless agreed by both parties in writing.

1. Payments/Booking Fee. Payment of 100% as well as full acceptance of the terms and conditions as published in this contract secures the time and services of the Photographer for the family photoshoot. 50% of the fee will be held and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
2. Exclusive Photographers. The Photographers shall be the exclusive photographers retained by The Client for the purpose of photographing the family shoot and all other photographic sittings specified herein.
3. Liability. While every reasonable effort will be made to produce, and deliver outstanding photographs of the event, The Photographer’s entire liability to The Client for any breech of this Agreement, claim, loss or injury arising from The Photographer’s performance is limited. The Photographers cannot be held responsible for lack of coverage caused by, but not limited to, individual(s) not being ready on time. Additionally, The Photographers are not liable for any subjective interpretations of photography. Please advise of any factors that may affect photography.

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

If there is extra time spent on coverage of the photoshoot a rate of $150 per hour will apply and invoiced after to the event.

4. Specific Coverage. The Client will furnish The Photographers with a list of any persons, groups or occurrences specifically desired to be photographed, if any, before the event date. All other photographs taken by The Photographers will be made in their professional discretion.
5. Damage to Equipment. In the event that any of The Photographer’s equipment is damaged, stolen or destroyed, either accidentally or intentionally, by The Client and attendants, or employees of The Client, The Client is fully responsible for the equipment’s replacement at current new market prices.
6. Cancellation. The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 2 weeks before the shoot will result in the payment in full becoming due. All cancellations must be in writing.
7. Model Release:This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Karlien G Photography. The Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the The Client, their legal representatives, heirs, and assigns.
8. Images. All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
9. Retouching. All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.
10. Prints / Reorders. All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
11. Copyright. The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
12. License. The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested and The Photographer is not responsible for failing to capture the “good side” of the subject.
13. Force Majeure or Act of God. The Photographers will not be held liable in the event of fire, strike, casualty, act of God, or other cause beyond the control of the parties.

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

14. Inclement weather. The Photographers will not be held liable in the event of environmental conditions beyond his control and reserves the right to decline photography outdoors in inclement weather. The Client is responsible for alternate locations for any photographic services and any additional costs involved.

Due to the sensitive nature of camera equipment, the Photographer reserves the right to stop shooting, and take necessary steps to protect the camera equipment in case the weather turns for the worst, like in the case of rain. The Photographers will not be held responsible for any loss of photographs, or shooting time due to weather conditions. Final decision hereof resides with the photographer. The limit of liability shall not exceed the contract price stated herein.

15. Attendance. In the unlikely event of the assigned Photographer being unable to attend your photoshoot due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your shoot on our behalf to undertake the photography to his/her best ability.
16. Limitation of Liability. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
17. Backup and File Storage. Client is responsible for making a backup of all photos from the digital download/USB/CD/DVD. Additional USB drives/CDs/DVDs may be purchased from Photographer. Photographer will make every attempt to keep archival copies of photos, but does not guarantee that they will be retained indefinitely. Backup copies are for client use only and may not be distributed to others.
18. Personal Accident. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
19. Governing Law. This agreement shall be governed in accordance with the laws of Zambia.