AGREEMENT TERMS & CONDITIONS
1. It is understood that, Marilize Coetzee, of Marilize Coetzee Photography (hereafter MCP) is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. The Photographer may substitute another photographer to take the photographs in the event of her illness. In the event of such substitution, MCP warrants that the photographer taking the photographs shall be a competent professional.
3. Session fees must be paid on booking the session date. 1 Preview image will be uploaded on Facebook / Instagram and the blog post and further preview will be posted ones the client have placed their order for the digital images as well as prints.
4. No part of any order, including digital images, will be delivered until the order balance has been paid in full.
5. MCP reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend MCP in the event of litigation arising out of such use.
6. Negatives, digital files and previews remain the exclusive property of MCP.
7. Upon signature, the Photographer shall reserve the time and date agreed upon.
8. All session fees are a booking fee and is non-refundable.
9. Co-operation - Both parties agree to cheerful co- operation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible if key individuals fail to co-operate during photography sessions.
10. Shooting Time / Additions - The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties. It is therefore essential to that both parties are on time. Shooting commences at the scheduled start time agreed by both parties.
11. House Rules -The Photographer is limited by the guidelines of the venue or studio hired.
12. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of MCP, the Photographer may elect to use an alternate location or to reschedule the session.
13. If MCP cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall return the booking fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event that MCP fails to perform for any other reason, MCP shall not be liable for any amount in excess of the retail value of the Client’s order.
14. The charges in this Contract are based on MCP ’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
15. Digital Negatives, Prints and Copyrights: The photographs, digital negatives or prints produced by the Photographer are protected by International Copyright Law (all rights reserved) and the Photographer retains the copyright to all photos and images produced. The Client may use digital images purchased for sharing and enjoyment of friends and relatives. However, the Client must obtain written permission from the Photographer prior to the Client or their friends and relatives changing, publishing or selling the photographs for profit. Further to this will no RAW/unedited images be supplied and images will not be edited in a style different from the photographers normal style, special requests may be submitted and will be considered by the Photographer to establish if it might harm the Photographers Brand. No aditional editing or widgets may be added to the photographs by the client.
16. REGARDING DIGITAL IMAGES: Client may purchase digital imges at the rate of the price list. Digital images purchased will be delivered either via web-based digital download, dvd or custom USB drive. Images will be delivered in A4 size. If the Client looses or damages his or her digital images, MCP will not by liable for such loss or damage and will not replace lost or damaged files. The online album included in all packages will remain online for 10 years, but please still make sure that you keep your own backup somewhere. Digital images purchased by the Client may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Further to this will no RAW/unedited images be supplied and images will not be edited in a style different from the photographers normal style, special requests may be submitted and will be considered by the Photographer to establish if it might harm the Photographers Brand. Final digitals will be kept by the photographer as long as posible, but for any number of reasones digital files can be lost. MCP can not garantee that final images will be available after 10 years. Uneditted images will be kept as long as possible if you would like to purchace furthe images, please do so as soon as possible to avoid disapointment. All digital images will be delivered in high resolusion (300 dpi) and with longest edge 20 cm.
17. Completion Schedule - The Client agrees that no images, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital processing takes approximately 2-3 weeks and prints/reproductions/enlargements one-two (1-2) weeks, and possibly longer when print-processing and bindery schedules are heavy. A digital album will be given to the Client so the Client can share images with family and friends. A digital album will be uploaded after the viewing session and payment was received for full order, the album will remain online for 10 years. If needed of any reason a password can be added to the album, but only people who receive the password from you will be able to view the images ( in the case of privacy of small/foster children when requested ). All other products including discs/memory sticks/prints/albums are to be collected from the photographer.
18. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by MCP have been done so with the use of color callibrated monitors. Monitors used by the Photographer have been callibrated to meet printing standards, thus color changes may occur when images are viewed on non-callibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-callibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Bambino Photography is not liable for the quality of images printed by any imaging lab, both professional and non. Please request MCP's Preferred Vendors.
19. Payment can be made to the following bank account:
FNB – Marilize Coetzee
Acc number – 62338466213
Branch Code – 201510
Please use your name as referance and send POP to email@example.com
20. Cancelation: The client may cancel any orders placed, but refunds will only be given for products not yet order from the lab or digitals not yet delivered to the client.
21. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
22. Amendments - This contract has been freely negotiated and shall be recognised as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached,
signed and dated by the Client and the Photographer at the time of this signing shall be recognised as amendments to this contract.