AGREEMENT TERMS & CONDITIONS
1. It is understood that, Marilize Coetzee, of Bambino Photography 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, Bambino Photography warrants that the photographer taking the photographs shall be a competent professional.
3. Session fees must be paid on booking the session date for promotions.
4. A preview may be uploaded on Facebook / Instagram and the blog post. (Please note that if you opt out of the model release then no preview will be loaded)
5. Sessions will be booked on available dates and times provided. Please note that if payment is not received within 48h of request to book, the time-slot will be made available to other client requests.
6. The model release gives Bambino Photography 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 Bambino Photography in the event of litigation arising out of such use.
7. I understand that no photography with a cellphone or other device is allowed during the session.
8. I understand that post production and delivery time schedule only begin the Monday after a weekend session. Delivery time for digital files is 20 working days (Mondays-Fridays, excluding public holidays and annual closures)
8.1 The following editing is included in the session price:
Basic color and light adjustments
Correction of non permanent skin blemishes and pimples, bruises - If you or your child has a permanent mark that you would like me to remove, please request that.
Cleaning of images - backdrop or floor-drop
8.2 Editing not included in the session price:
Slimming of any party photographed
Changing of colors or backgrounds
Any other advanced editing can be quoted per image.
8.3 Should you require the images sooner than you can request the order to be rushed. The Photographer will quote accordingly as the editing will then be outsourced to a professional editor.
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.
9.1 Please prepare your children for the session by explaining what they will be doing and if necessary offer a reward for good behavior.
9.2 Bambino Photography believes in 'Let Children be children" and allows time and space for that. But should your child start braking and throwing things around it will be your responsibility to take control of the situation as you will be liable for any breakages should your child not listen to me or you.
9.3 Some children do not react well to strange environments and should we not be able to get the required amount of images from the session and the setup allows for shooting at a later stage then we can reschedule for another session. (If venue fees apply this will be in addition to the original package)
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.
10.1 Should you be late for the session the photographer will only be obligated to shoot the balance of the time booked. If this is not enough time to get enough images, the Photographer can not be held liable and no partial refunds will be given.
10.2 If the photographers schedule allows to go over the booked time the client will be billed R 250 for every 15 minutes.
10.3 If you need to move your session, please inform the photographer at least 48h before the session in order to see if another time-slot is available.
10.4 If you do not show up for your session, no refund will apply.
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 Bambino Photography, the Photographer may elect to use an alternate location or to reschedule the session.
13. If Bambino Photography 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 Bambino Photography fails to perform for any other reason, Bambino Photography 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 Bambino Photography'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 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 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 via web-based digital download. Images size will be High resolution with longest edge 35 cm ( 300dpi).
If the Client loses or damages his or her digital images, Bambino Photography will not be 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.
Final digitals will be kept by the photographer as long as possible, but for any number of reasons digital files can be lost. Bambino Photography cannot guarantee that final images will be available after 10 years (from the online gallery). The rest of the images will be kept for 30 days after edited images are delivered if you would like to purchase further images, please do so as soon as possible to avoid disappointment.
17. What is included in the session:
The setup as advertised is included in the session. If the client would like additional props not included they can arrange with the photographer to bing it themselves or request a quotation should the client like the photographer to bring it along. (Flowers, flower crowns, exc.)
The photographer will supply available props that complement the session that the client may use, but is not obligated to use it.
Some outfits may be available, but Bambino Photography is not responsible to supply outfits for themed sessions even when specific outfits was used for the advertised session.
18. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Bambino Photography 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 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-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. Bambino Photography is not liable for the quality of images printed by any imaging lab, both professional and non. Please request Bambino Photography'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 reference and send POP to bambinophoto@outlook.com
20. Cancellation: Cancelation for weekend sessions less than 2 weeks before will not be refunded. If canceling more than 2 weeks prior to session a R 600 admin fee will be deducted from the full amount paid.
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 edited/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 recognized 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 recognized as amendments to this contract.