By paying a booking fee you are agreeing to these fascinating terms of service:
This contract is between CutePix Photography
(hereinafter known as “the photographer”)
and the Person whom has either 1. Booked a photoshoot, or 2. Paid for a photoshoot,
or 3. Received the photoshoot as a gift, (hereinafter known as “the client”).
These Terms of Service (Conditions) are also applicable to the client’s guests/family/attendees during the photography session, therefore it is the client’s responsibility to educate and/or distribute said Terms of Service to all person(s) involved in the booked photo session. This agreement will become effective and binding, once the Confirmation of Booking is received by the photographer & or payment has been received.
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 the specified date and time. For this reason, in the event that the Client cancels the contract for whatever reason, all money paid shall be retained by the photographer in order to offset it’s loss of business and is not transferable in any way or form.
- Booking a photo session: All session fees are payable in advance (unless otherwise arranged upon by the client and the photographer) this is to secure the date & time agreed upon.
The booking fee is non-refundable, it being the agreed loss suffered by the photographer due to client’s cancellation or client failing to be on time for session. Payment of the balance (if arranged between client and photographer) must be paid no later than 1 week before the date of the session.
Any additional payments for extra images, albums, photo prints & canvasses or any other services are to be made when order is placed.
Out of town expenses (travelling expenses) are payable in full before the session date.
Travelling expenses will be quoted separately outside Port Elizabeth, Eastern Cape, at standard AA rates.
Only EFT payments or Cash payments will be accepted, NO e-wallet or other form of payments will be accepted, due to high transaction costs.
- During your photography session: The client & photographer will meet on a pre-determined date, time & place. DO NOT BE LATE!
Please make sure to calculate enough time for hair and makeup sessions and calculate your travel & traffic time accordingly. A location is provided in advance for you to be able to calculate this correctly.
The client understands that session times are booked according to a time/shooting schedule and best possible light conditions. The photographer will not be held liable for client’s loss in session time & session fee if the client is late, it is the client’s responsibility to arrive 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 missed number of images agreed upon not obtained within the time remaining for the planned session.
- Guest Co-Operation: The Client is responsible for the conduct of their guests. The photographer will not tolerate any verbal or physically abusive behavior, nor will the photographer share their time, or compete for the attention of subjects. Unchecked guest conduct interferes with the quality of the images and the time taken to retake missed images due to guest involvement. A loss in time results in a loss in images of other subjects.
- Post Session: The retouching & editing process takes approximately 20 working days to complete dependent on the level of retouching required, amount of images to be retouched, Eskom load shedding and the photographer’s schedule. The photographer will send the client a watermarked selection gallery from Wetransfer within 2 working days to choose the images for retouch & edit. The client has a maximum of 7 days to select these images, thereafter if no selection has been made the photographer will choose the best images for edit. 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.
- Final Product: All packages are quoted with a set amount of digital high resolution Jpeg images (unless otherwise stated). NO unedited images will be given under any circumstances! The client accepts that technical considerations in photography might result in a specific shot not being suitable for publication or delivering to the client.
- Delivery: The client will receive a private online gallery via email, with instructions to download their session images. The gallery will be available online for 7 days. The client is responsible to download the images to their own computer (and understands that these images cannot be downloaded to a phone) and backup session images on own devices and/or cloud. Print products typically takes an additional 7-14 days to manufacture and the client will be contacted to collect products as soon at it’s ready.
In the event that the client does not have access to the internet or a computer, a USB can be purchased at an additional amount (price on request), this request must be given to the photographer at the time of booking the session.
- Wardrobe: The photographer will not be held liable for wardrobe failure, including and not limited to visible objects in pockets, including and not limited to underwear showing or fitted incorrectly. The photographer will not be held responsible for unclear eyes while the client/family/guests is wearing reflective or bifocal glasses. The photographer will not re-edit any images which are affected by moire patterns caused by clothing choices.
- Makeup & Hair: The photographer will not be held liable for makeup failure, including and not limited to uneven tone, wrong tone of foundation, excessive blotched or irritated skin, intentional or unintentional shining of skin, smudged or clogged mascara or lipstick or makeup smeared or transferred to clothing or guests.
Photographer will not be held liable for hair failure, including and not limited to incorrect hair colour, freshly dyed hair stains on forehead, neck and ears, faulty hair cut & flyaway hairs. Photographer will endeavor to try and remedy above mentioned issues onsite if possible. If extra retouching is required to remedy any of these above mentioned issues, an additional quotation will be supplied for extensive retouching services.
- Body Image & Self-care: The photographer encourages positive body image. The client can quickly cover up unwanted or extra kilos with flattering clothing and accessories. If the client requests dramatic digital body changing alterations an extra cost can occur starting @R450.00 per image. It is the responsibility of the client to affirm self-care of themselves and their guests to arrive and ready to start with clean faces, noses, teeth, hands, feet, clothes & nails. If the client requests a digital clean-up regarding above mentioned self-care issues an extra cost can occur starting @R250.00 per image.
- Weather: The photographer cannot control the weather. 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. 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 the case of bad weather breaking out. The photographer will not be held responsible for any loss of photographs due to weather conditions. If it is not possible for a photo shoot / session to take place on the scheduled day due to weather, the photographer and the client will reschedule on an agreed date as soon as possible with no additional charge.
- Small Children: The photographer understands that small children can be very unpredictable and still learning to communicate or vocalize their feelings or intentions. Therefore it is agreed that booking and paying for a photo session is at the client’s own risk and discretion and the client understands that it may potentially result in a photo shoot failure. If one of the following statements describes your child, please reconsider booking a session for your child: client’s child suffers from separation anxiety, is fearful and gets easily scared of new surroundings or people, hates sticky hands or getting dirty, has never eaten cake or dislikes sweet treats or is a fussy eater. Please know your child and we he/she is comfortable – some children are just not comfortable in new environments so then rather book a natural family session to celebrate their milestones where they are not necessary separated from their family. The photographer will not be held liable or responsible for crying or screaming children resulting in an unsuccessful session. ~ See re-shoot option in Clause 13.3
- Co-Operation/No Shows: The parties agree to positive co-operation and communication for best possible results within the definition of the assignment. The client is responsible to clearly communicate to the photographer if certain individuals in the attended group must not be photographed in abundance. The photographer will handle this matter discreetly. The photographer is not responsible for key individuals’ failure to be present and/or co-operate during photo sessions throughout the session time, neither for missed images due to details not revealed to photographer in advance. The photo shoot/session can be rescheduled at the original photography session fee.
- Reshoots: In the event that the client is completely dissatisfied with the final results with valid reason, the photographer will reshoot at a 65% discount from the original quotation. Valid reasoning not being Clause 6, 7, 8 & 11.
In the unlikely event that the finished product from the session is unusable due to technical problems (camera failure or exposure problems), the photographer will reshoot at no additional charge. No refunds will be given after the session or retouching process.
In the event that the client is dissatisfied with the final results because of Clause 11, the photographer will allow a reshoot at a 50% discount from the original quotation with the condition being that the client will only receive the total amount of images booked during the first session, if products like cake is included in the session, the client will pay the total cost of ordering a new cake.
Reshoots must be booked within 12 months from date of unsuccessful original booked date.
- Retouching, Edits and Digital Files: Standard portrait retouching includes: blemish removal, contouring and general editing to contrast, levels, saturation, exposure etc. for a stylized effect. The client agrees that they are 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. In case of a re-edit required by the client, an additional quotation will be given to re-edit images.
- Colour, Style and Composition: The photographer will provide a pleasing colour balance but cannot guarantee exact color matching. It is sometimes not possible to record on film or in print the exact color as seen by the human eye. There is no right to reject on the basis of colour, style or composition.
- Original Files: All image files captured by the photographer are in RAW format to ensure high image quality. No RAW files will be given to the client under any circumstances whatsoever. These files are large in size and require specialized software to view and edit. The client will receive a selected number of images in JPEG format only, as mentioned in Clause no 4.
- Print Life: The client is aware that colour dyes and inks in prints may fade or discolor 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 discouloration due to the inherent qualities from 3rd party print suppliers.
- Attendance: In case of ill health or unforeseen circumstances, session dates may have to be rescheduled by the 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 if such a photographer is available.
- Model Release: The client grants to the photographer, their legal representatives and assigns and any photographer acting with them, the irrevocable and unrestricted right to use and publish photographs of the clients, client’s child/ren and guests or in which the clients may be included for editorial, trade, advertising and other purposes (except pornographic, defamatory, libelous or otherwise unlawful), and in any other manner and medium, to alter and copyright the same without restriction. The clients hereby release the photographer, their legal representatives and assigns, and any photographers acting with them, from all claims and liability relating to said photographs.
- Copyright: The client agrees that all images captured are copyrighted to and remain the property of Karen Barnard Photography. The entire copyright in the photographs is retained by the photographer at all times throughout the world. No copies of images may be sold for profit, in either print- or digital format, by the clients or associates. The photographs given are considered final and may not be altered or edited by anyone else in any way without the written consent of the photographer. The clients will be granted a print-release permitting the clients to print copies of their allocated images for personal use only. (Personal use includes social media, displaying on a non-profit base, allocating to friends and/or family, and related). The photographer is not allowed to distribute client images to other members of the family or friends without the written permission of the client.
- Injury: The client shall not hold the photographer responsible for any injury or harm that may come to client/s/family/children/guests during a photo shoot/session.
- Non-Disparagement Clause: 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 publication or online forum, chat room, or message board, including but not limited to Facebook, Instagram, Hello Peter and Twitter.
The parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a 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 to the photographer within 3 (three) months and the client agrees that any and all legal fees incurred by the photographer shall be for the client’s account.
- Limitation of Liability: 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 can 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.
- Exhibition: 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.
- Liable for damage of any property: You are liable for any damage to property during the photo session caused by you or your quests during the duration of the session, either purposefully or by accident.
Clients release all claims to profits that may or may not arise from use of such images.
** If any boudoir worthy (nude) photos should be taken, the photographer will not exhibit these in any form, on the client’s request. 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.
Entire Agreement: These terms of service/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 waive