TERMS OF SERVICE
YOU AGREE TO THE FASCINATING TERMS OF SERVICE BY SUBMITTING THE BOOKING CONFIRMATION FORM. YOUR PAYMENT ALSO ACTS AS CONFIRMATION OF YOUR AGREEMENT TO THESE TERMS OF SERVICE:
Terms of service:
- This contract is between Karen Barnard Photography (hereinafter known as “the photographer”) and the person submitting this form (hereinafter known as “the client”). This agreement will become effective and binding, once the Confirmation of Booking form on the photographer’s website (www.karenbarnardphotography.co.za) has been submitted by the client. At the time the contract takes effect, the photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the client cancels the contract for any reason, all monies paid shall be retained by the photographer in order to offset its loss of business and is not transferable in any way or form.
- All session fees are payable in advance, unless otherwise arranged between the photographer and the client, all booking fees paid by the client are non-refundable (see point 1)
- All balances are payable 1 week prior to the booked session date and are non-refundable. (see point 1)
- Out of town expenses (travelling expenses) are payable in full before the session date.
- Travelling expenses will be quoted separately outside Middelburg, Mpumalanga at standard AA rates.
- Only EFT payments or Cash payments will be accepted, NO e-wallet payments will be accepted, due to high transaction costs.
- The client agrees to meet the photographer at a predetermined time and venue for the session. The client understands that session times are booked according to a shooting schedule, the client(s) are responsible for arriving on time. In the case of the client not being on time, the time will be deducted from the original agreed session time and the photographer will not be held responsible for loss of suitable shooting light or the amount of images agreed upon is not obtained within the time remaining for the planned session.
- The client understands that the photographer cannot be held responsible for any person(s) not co-operating with the photographer during the shoot. The photographer will always try to ensure the best possible quality but cannot take responsibility for conduct of their guests/family/children. The photographer will not tolerate any verbal or physically abusive behaviour, nor will the photographer share their time with another photographer, or compete for the attention of subjects. The photographer will not take responsibility for unchecked guests/family whose conduct interferes with the quality or amount of the images and the time taken to retake missed images due to guest/family involvement. A loss in time results in a loss in image amounts.
- Under no circumstances will guests be present at any photo sessions, this includes photographing and/or being photographed. The photographer reserves the right to ask this person/s to excuse themselves, and/or stop photographing.
- The photographer shall not be held responsible for any injury, loss or harm that may result from a photo session to any person(s) involved.
- In case of ill health or unforeseen circumstances, session dates may have to be re-scheduled by the photographer. In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on her behalf to undertake the photography.
- All outdoor sessions are dependent on weather conditions, and the client will not force the photographer to use their equipment if the photographer deems the weather to be unsuitable. In case of unsuitable weather conditions, the date will be rescheduled.
- In the case of a power outage or lack of electricity for any other reason whatsoever, the photographer reserves the right to stop shooting, and alternatively grant a reshoot on an agreed date as soon as possible, free of charge to the client. The photographer can – and will not photograph in low- light conditions with a camera flash, as this will result in poor quality images. – This clause mainly applies to newborn photography in low- light conditions, but is not limited to this genre and may apply to any session the photographer deems as low-light conditions. The photographer will not be held responsible for any loss of any kind whatsoever.
- The client agrees that they will not disparage the photographer, or post any negative statements, reviews, comments, or feedback about the photographer or services provided by the photographer to any third party whether orally or in any written form, whether in publication or any online forum, chat room or message board, including but not limited to Facebook, Twitter or Instagram. – The parties agree that it would be impossible and extremely difficult to ascertain the amount of actual damages caused by the client’s failure to comply with this provision. The parties agree that in the event it is established that the client has failed to comply with this provision, liquidated damages of R45 000.00 shall be payable immediately to the photographer and the client agrees that any and all legal fees incurred by the photographer shall be for the client’s account.
- In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, 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. The photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond the photographer’s control, the photographer’s liability is limited to the refund of all payments received, or a reshoot may be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
- Sneak peeks will be posted at the photographer’s discretion. The photographer’s schedule may not allow these type of posts and the client will accept these limitations.
- Final editing and delivering may take from 2 – 6 weeks and are dependent on the photographer’s schedule, other shoots being edited and type of shoot. The client will abide by these conditions and accept that clients are serviced on a first come first served basis. The client will not put the photographer under any pressure to perform faster in any way or form.
- Images chosen are solely at the photographer’s discretion and the client will accept the photographer’s professional discretion in this matter. The client accepts that technical considerations in photography might result in a specific shot not being suitable for publication or delivering to the client. No original images are given to clients under any circumstances.
- Standard image editing includes blemish removal, eye brightening, teeth whitening, contouring and general editing to contrast levels, saturation and exposure for a stylized effect, the client agrees that the client is familiar with the photographer’s work as displayed on their website and facebook page and agrees to accept the editing choices of the photographer and abide by the editing style the photographer chooses for the specific conditions of the session.
- All finished image sizes are approximate and the photographer cannot take any responsibility for printing sizes or colour done by a third party of the client’s choice. The photographer will make sure the final product has pleasing skin tones, but cannot guarantee exact colour matching. The client agrees that the final composition and styling of the session will be left to the photographer’s discretion and the client will not interfere or reject any final product as a result of this.
- Once the final images are ready for viewing, the client will be contacted for a viewing. Extra images and printed items may by ordered at this viewing.
- Delivery times of printed items will be arranged with the client once final proof has been signed and are dependent on printer’s schedules.
- The client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks. The client releases the photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities of the final printed products.
- The client agrees that the copyright on all images captured remains the property of Karen Barnard Photography and the client agrees that the photographer may use the images for any type of marketing purposes may it be in printing, social media or website publications. The entire worldwide copyright will remain with the photographer at all times. No copies of images may be sold for profit, in either print – or digital format, by the client(s) or associates. The photographs delivered to the client are considered final product and may not be altered, edited or cropped by anyone else in any way without the written consent of the photographer.
- The client grants the photographer permission to display selected images resulting from this assignment as an example of the photographers work and for entrance into photographic competitions. The client releases all claims to profits that may or may not arise from use of such images. In the case of boudoir/nude photos, the photographer will not exhibit these in any form, on the client’s request.
- Clients will be granted a print- release permitting the client to print copies of their final images for personal use only. Personal use includes social media, displaying on a non- profit basis, allocating to friends and family.
- The photographer requests the client to use the images provided marked – Web and social media sharing/facebook sharing on these platforms, out of consideration for final quality settings which the photographer applies for best screen quality viewing on facebook and web based sites.
- Please also always tag the photographer’s page when sharing these files (marketing is such an important part of our business and the photographer appreciates any and all tagging and sharing of the photographer’s business page.)
- Information regarding client referrals is available on www.karenbarnardphotography.co.za under the Referrals tab. Please make use of our Referral program.
- The client agrees to the publication of a blog entry on the photographer’s website and this blog publication will be shared on the photographer’s facebook page and the client will be tagged in this or the album will be shared on the client’s facebook page. The final images may also be published in a Facebook album at the photographer’s discretion.
- If the client does not want images posted to facebook, the photographer must receive written objection before the booked session is entered into.
- If any other information like names, or birth dates or any other personal information should not be shared on social media, the same written requests must reach the photographer before the session is entered into.
- Please advise the photographer of any religious/cultural considerations before the session date.
- The client grants the photographer, their legal representatives and assigns, and any other photographer acting with them, the irrevocable and unrestricted right to use and publish photographs of the clients, the client’s child or children and guests, or in which the clients may be included for editorial, trade, advertising and other purposes. (Except pornographic, defamatory, libellous or otherwise unlawful), and in any other manner and medium, to alter and copyright the same without restriction.
- The client hereby releases the photographer, their legal representatives and assigns, and any other photographers acting with them, from all claims and liability relating to said photographs.
- The client nominates the domicilium citandi et executandi, indicated as the physical address of the client on the official confirmation of booking form submitted.
THESE TERMS & CONDITIONS CONTAIN THE ENTIRE UNDERSTANDING BETWEEN THE PHOTOGRAPHER AND THE CLIENT. IT SUPERSEDES ALL PRIOR AGREEMENTS BETWEEN THE PARTIES. THE ONLY WAY TO ADD OR CHANGE THIS AGREEMENT IS TO DO SO IN WRITING, SIGNED BY ALL THE PARTIES. IF THE PARTIES WANT TO WAIVE ONE PROVISION OF THIS AGREEMENT, IT DOES NOT MEAN THAT ANY OTHER PROVISION IS ALSO WAIVED.