terms & conditions

CONTRACT FOR PHOTOGRAPHIC AND VIDEOGRAPHY SERVICES

It is understood that Eye of Beauty is the exclusive, official photographer retained to perform photographic services requested on this contract.

The photographer or Videographer reserves the right to use negatives, RAW images, edited images, and/or reproductions for advertising, display, publication, or other purposes, not restricted to use on the web, Facebook, business cards, or posters.

No part of any order, including previews, will be delivered until the balance is paid in full. Payment for prints is required in full at the time of placing an order. Prints will not be ordered until the payment is made.

The photographer retains the right to edit the photographs and omit any image. It is understood that the Photographer will not deliver every exposure taken. The client agrees to abide by the photographer’s editing decisions.

The client will receive photos on Google Drive with print release for personal use where applicable. Google Drive includes images for printing and may be used on the web, Facebook, or email. The client understands that when publishing photos on websites, i.e. a personal website, Facebook, etc., the client will not edit the photos in any way, i.e. Editing the watermark, cropping, filters, etc.

The client is responsible for making a backup of all photos from Google Drive. The photographer will make every attempt to keep archival copies of photos but does not guarantee that they will be retained indefinitely. Backup copies are for client use only and may not be distributed to others.

The Client shall assist and cooperate with the photographer in obtaining desired photographs. The photographer shall not be responsible for photographs not taken as a result of the client’s failure to provide reasonable assistance or cooperation. The client will be respectful to the photographer and all parties being photographed. The photographer has the right to end the session, without a refund, if there is a lack of cooperation or respect.

The client will not hold the photographer or the owner of the property liable for any injury that may occur during the session.

The charges in this Contract are based on the photographer’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time the order is placed.

In the event the photographer files suit to enforce any term or condition herein, the photographer is entitled to expenses of litigation, including reasonable attorney fees.

Photographer retains copyright to the photographs. Printing and/or distribution rights are granted as noted below.

All retainers and payments are non-refundable.

This Contract incorporates the entire understanding of the parties. Modification to this Contract must be in writing and signed by both parties.

FOR WEDDINGS/EVENTS

Upon signature, the Photographer shall reserve the date and time agreed upon, and will not make any other reservation for that date and time. For this reason, all retainers are non-refundable, even if the date of the wedding is changed or the wedding is canceled for any reason.

A retainer is due at signing to hold the date. 1/3 of the total is due to hold the date. 1/3 to be paid ninety (90) days before the date of the wedding. The complete balance must be paid in full no later than thirty (30) days before the date of the wedding. A R200 late fee will be assessed for balances unpaid by thirty (30) days before the date of the wedding. All retainers and payments are non-refundable, except as noted in the

next paragraph.

If the photographer cannot perform this contract due to fire or another casualty, an act of God, or other cause beyond the control of the parties enacted upon the photographer, or due to the photographer’s illness or emergency, then the photographer shall return the retainer 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 malfunction, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

The Photographer recommends Client purchase insurance for the wedding or event. The client agrees to provide meals for each photographer at the event reception as well as adequate time for the meal (i.e. during the regular meal). For events longer than eight (8) hours, two (2) meals for each photographer will be provided. Completion of processing and edits of a wedding may take up to ten (10) to twelve (12) weeks for delivery.

FOR ALL SESSIONS (NOT INCLUDING WEDDINGS/EVENTS)

The photographer understands weather, illness, or other reasons may cause the client to reschedule a session. The client will not be charged a penalty in rescheduling a session provided at least a 24 hours notice is given. The client may reschedule the session, at the convenience of the Photographer, without being charged a fee. No show or rescheduling within 24 hours will incur a R250 reschedule fee at the discretion of the Photographer.

The photographer will make every effort to spend the necessary time, including on multiple days, at the convenience of the Photographer. The photographer may reschedule without penalty.

Completion of processing and edits of a photography session may take two (2) weeks for delivery.

FOR INFANT SESSIONS

Infant sessions may be purchased as a one-year package. Clients who purchase a one-year package are responsible for contacting the Photographer to schedule each session. The photographer is not responsible for missed sessions. Missed sessions are not refundable. If the client cancels the rest of a one-year discounted package, the balance of the package is still due.

TRAVEL

A travel fee for sessions outside a total distance of 10km will be added to the cost of the contract. Contracts that require multiple trips (one-year infant packages) may require a travel fee for each session. Travel fees are based on mileage to and from the location and may change as necessary. All travel fees must be prepaid. Free travel costs apply only if the total invoice is beyond R5,000 (five thousand Rands) and within a radius of 60km.

DIGITAL IMAGE AND PRINTS TERMS OF USE

The client may not reproduce the album or files in any way. Additional copies may be purchased for a fee. The album is only for the owner (the paying client) to print photographs (as noted in the release).

The client may not edit the photographs in any way. This includes, but is not limited to, removal of watermarks, cropping, or using filters.

Printed photograph quality will depend on where it is printed. Only prints printed through the photographer will be guaranteed for color and quality.

The client may print images at the professional photo lab of choice (excluding one-hour labs at supermarkets and pharmacies).

If included, files in the “web” folder or with “web” in the name are resized and sharpened for web viewing (i.e. Facebook, Flickr, Blogger). These files are watermarked and should be used. The client should not print these files. These files should be used on the Internet (web, Facebook, e-mail, etc.).

Photographs may be used for advertisement (modeling, headshots, etc.) for an additional fee. Credit to “Eye of Beauty” must be given for the photograph.

Photographs may not be entered in photo contests without expressed permission from the photographer. An additional fee may be required for use.

Digital album downloads will be removed after thirty (30) days. A R99 fee will be charged to repost digital album downloads.

Revised:2021/08/02