AGREEMENT TERMS & CONDITIONS
1. It is understood that, 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 photographer. Doctors note will be made available should you require one.
3. 50% of the session fee must be paid on booking the session date.
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. (Should you opt out of the model release at the end of this agreement, then non of you images will ever be posted or used)
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. In the event of canceling the session more that 14 days from the session, there will be a cancelation fee of R 700 deducted from the booking fee. As well as R 500 admin fee. R 1200 in total. The balance of the booking fee will be returned. Should you cancel less than 14 days of the session, the full booking fee will serve as a cancelation fee. You may sell your full session package (for the same date and time) to another party to recover your loss. Should they like to use it for a different date, there will be a R 800 rescheduling fee.
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 if possible.
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 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 additional editing or widgets may be added to the photographs by the client.
16. REGARDING DIGITAL IMAGES: Client may purchase additional digital images at the rate of the price list. Digital images purchased will be delivered either via web-based digital download and/or USB drive. The online album included in all packages will remain online for 30 days, please make sure that you keep your own backup somewhere. Final digitals will be kept by the photographer as long as possible, but for any number of reasons digital files can be lost. MCP can not guarantee that final images will be available after the gallery expires. A fee of $5 (5USD) will be charged to upload a new gallery. Or R450 for a memory stick and the delivery of it.
Unedited images will be kept as long as possible if you would like to purchase further images, please do so as soon as possible to avoid disappointment. Please do not that there will be a re-edit fee should the edited files not be available on request.
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 5 weeks (25 working days) and prints/reproductions/enlargements 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.
Please do keep in mind that planned holidays / annual closure and public holiday's is not seen as working days and the photographer will inform you if there is a planned holiday coming up.
18. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by MCP have been done so with the use of color calibrated monitors. Monitors used by the Photographer have been calibrated to meet printing standards, thus color changes may occur when images are viewed on non-calibrated monitors. Also note that images viewed in non-professional editing programs may appear less sharp than if the same images are viewed using a professional program, as some programs and apps compress images (including FB, Whatsapp) Printed images will be correct in color, sharpness and other variables that may be affected by non-calibrated 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. MCP is not liable for the quality of images printed by any imaging lab, both professional and non. Please request MCP's Preferred Vendors.
Basic editing is included and close up editing is done on images where the face is more than 40% of the image. There is a per image edit rate for beauty edits (skin smoothing, wrinkle removing and other edit requests)
Black and white images are final images and a edit fee will apply should you like to order them in colour.
19. Payment can be made to the following bank account:
FNB – Marilize Coetzee
Acc number – 62338466213
Branch Code – 201510
Please use your name as reference and send POP to admin@marilizecortzeephotography.co.za
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,
Agreement Declaration
signed and dated by the Client and the Photographer at the time of this signing shall be recognised as amendments to this contract.