Lodge Photography Terms and Conditions

DEFINITIONS
  • 'Photographer' refers to My Photo Safari or its photographers assigned to the project.
  • 'Client' refers to the person or organization or its agents, representatives, and affiliates requesting photographic services and photographs.
  • Parties’ the Photographer and the Client.
  • ‘Specific Terms and Conditions’ as written on the Quote or Invoice or Booking Confirmation refers to the specific terms and conditions agreed between Photographer and Client.
  • ‘Booking Confirmation’ refers to the Invoice or other written confirmation that the Photographer and Client exchange concerning specific terms and conditions of the shoot.
  • ‘works’ refers to all images, photos, graphic reproductions, videos, prints, and any other media or printed materials supplied by the Photographer to the Client.
  • ‘editing’ means cropping, color correction, exposure corrections, sharpening, removing blemishes (ie. dust spots, obvious pimples, hairs, etc.), and other corrections using professional software.
  • ‘retouching’ means special or custom editing whereby manipulation of pixels is required to alter the image, for example removing people or objects, deep etching, removing wrinkles, skin smoothing, layering, and others using professional software like Photoshop.
  • ‘shoot’ means the photographic assignment for which the Photographer has been commissioned or retained.
SCOPE OF SERVICES / BRIEF
  • Scope of Services shall be the photographic services as defined in Booking Confirmation as agreed by both Parties.
  • It is the Clients responsibility to be as specific as possible.
  • If details are missing in the Brief or the Brief is not explicit the Client undertakes to accept the Photographer's interpretation of what is written.
PRICE AND PAYMENT
  • The price of the photo shoot will be in three parts (i) photography rate (ii) travel, accommodation, and sustenance for the days/nights agreed in the Scope of Services, and (iii) third-party expenses, equipment hire, etc as agreed.
  • A 50% payment is required to secure a booking.
  • The balance of payment must be made before the final media is handed over to the Client.
  • Notwithstanding the above the Photographer may provide low-resolution watermarked images after the shoot for selection or review.
CANCELLATION AND DELAYS
  • In the event of cancellation of the photo shoot up to 7 days before the photo shoot, the Client will be responsible for 100% of all out-of-pocket expenses incurred by the Photographer up to the time of cancellation plus 30% of the deposit already paid.
  • In the event of cancellation of the photo shoot less than 7 days before the photo shoot, the Client will be responsible for 100% of all out-of-pocket expenses incurred by the Photographer up to the time of cancellation plus 100% of the deposit already paid.
  • In the event of postponement or delay of the photo shoot any deposits made will be retained by the Photographer until the new date of the photo shoot. If any costs and or third-party expenses have been incurred by the Photographer that cannot be transferred to a new date the Client will be invoiced 100% of these costs.
POST-EDITING
  • All images will be professionally edited and supplied in JPEG format.
  • Images that require extensive retouching or custom retouching will be charged an additional per-hour rate which will be quoted at the time.
NON USAGE
Once photography has been completed the Client has no right to reject or refuse payment whether the images are used or not.
COPYRIGHT AND USAGE
  • Notwithstanding stipulations of Section 21 (1)(c) and (e) of the Copyright Act (Act No 98 1978) (as amended) it is hereby agreed that the Photographer is recognized and constituted as the author of the commissioned works produced, shall be the owner of the copyright herein throughout the world and acknowledged as such.
  • If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
  • The Photographer grants the Client an exclusive license to use the works upon receipt of full payment. The work may be used on the Client’s social media, websites, catalog materials, and in-house printed materials not larger than the standard A4 size in perpetuity unless stated differently on the Booking Confirmation.
  • In any event, works may not be sold, shared with third parties, distributed freely for third party use nor used for poster and billboard advertising and tabloid advertising without written agreement and appropriate remuneration agreed between Photographer and Client.
  • All rights not expressly granted to the Client remain the exclusive property of the Photographer. The Client may not transfer or assign this License for Use without the express written consent of the Photographer.
  • RAW images will not be supplied. In the event, that the Client requests the usage of a RAW image or images such may be purchased at an agreed fee and usage terms in writing between the parties.
  • Works may not be altered, copied, published, or distributed without the express permission and understanding of the Photographer unless expressly included in the Booking Confirmation. 
  • Any financial gain received by the client for any unauthorized action shall be ceded to the Photographer and will be payable upon demand together with any associated damages and legal costs.
  • The Photographer reserves the right to use the works for marketing, promotional, competition, editorial purposes, and publication on the Photographer’s website or any other website.
TRANSFERS AND BACKUPS
  • All media will be transferred to the Client via WeTransfer once as part of the photography cost.
  • The Client is solely responsible for ensuring backups are made and stored in a safe place once they receive the works. 
  • The Photographer does backup photos delivered to the Client and retains them for 1 year but does not guarantee to keep them indefinitely.
  • If the Client requests a copy of media after they have been initially delivered and they are available the Client will be charged a backup fee of R1,200 payable before the work is transferred via WeTransfer.
RIGHT TO CREDITLINE
If the works are used or published in media including editorial or advertorial the client agrees to publish the credit line as My Photo Safari © 'photographer name'.
DISPUTES
  • A dispute will not be deemed to be a dispute until one of the Parties has provided a written notice conveying the nature and scope of the dispute to the other Party.
  • Should any dispute arise under or in connection with this Agreement the Parties shall first use mediation to resolve it by mutually appointing a single Mediator. The costs of the Mediator shall be shared equally between the Parties and any other legal costs incurred by either Party for the dispute shall be for each Parties own account.
  • If mediation fails the dispute will be finally settled by arbitration before a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the rules of the Arbitration Foundation of South Africa (“AFSA”). The AFSA arbitration rules shall govern the arbitration proceedings and the venue of the arbitration shall be Durban. The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings. The Parties irrevocably agree that the decision in the arbitration proceedings shall be final and binding on the Parties.
APPLICABLE LAW
This agreement will be governed by and construed in accordance with the Laws of South Africa.
OTHER
  • The Client agrees to indemnify and save harmless the Photographers against all liabilities, claims, and legal costs arising out of the Client's use of the photos.
  • Prices published or provided in any communication before a Booking Confirmation is accepted are subject to change without notice.
  • The Client certifies and acknowledges that he/she has read and understood all of the provisions of these terms and conditions and shall fully and faithfully comply with such provisions when he/she signs the Booking Confirmation or upon partial or full payment.
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