Henry DIllon Photography and Video
Once you have received your quote and are happy with your package you will need to take note of the below terms of service. By accepting our quote ( quote valid for period of two weeks) and making payment you agree to the below terms of service as follows:
It is agreed that this contract is entered into between the Photographer and or videographer and the Client(s) and it is further agreed that the Photographer and or videographer shall be the sole professional of the day.
These terms constitute the whole agreement between the parties and the due performance of the contract is subject to the terms below. The terms as set out here will take precedence over any other terms, conditions and/or stipulations contained in any of the Client(s) documentation and any agreement and/or term purporting to vary or otherwise the terms of this agreement.
The following words or expressions shall carry the meanings assigned thereto:“Contract” means these standard terms and conditions, together with any and all Annexures, which is to be read together as one contract and will be considered as one document, all of which will have the effect of a legal and binding agreement between the parties. Agreement shall be construed accordingly. “Material” includes but is not limited to all Photographs and video images, albums, coffee table books, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, and/or any other photographic product or other products comprising or containing reproductions, adaptations or compilations of any form of photographic material, which being literary and/or artistic works, and which has been created by the Photographer. “Package” means the wedding package as selected by the Client(s), package consists of a specific number of hours which the Photographer and videographer will be present at the wedding and the Material which is to be produced, together with any further and additional Material ordered. “Photographer” means the undersigned photographer herein below, their representatives, successors, assigns, agents and affiliates.
“Photographs” means any product of photography or of any process analogous to photography.
“Client(s)” means the undersigned person(s) herein below, their representatives, successors, assigns, agents and affiliates.
- PAYMENT TERMS AND BOOKING FEE (DEPOSIT)
Upon acceptance and receipt of the quotation, the payment of a booking fee of 50% of the total quoted fee becomes due and payable immediately. This fee secures the date, time and services of the Photographer and is not refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation.
The booking fee cannot be exchanged for other services or products. Should the date for the wedding change and the Photographer is not available to attend the new date, you will forfeit your booking fee.
The outstanding amount becomes due and payable on presentation of an invoice by Henry / Michele Dillon or a representative of fame by frame. Kindly note that all payments made, either by way of an internet / electronic funds transfer, or cash, is to be free of commission and bank charges, failing which these charges are to be carried by the Client(s) and will be added to the final account rendered by by Henry / Michele Dillon or a representative of fame by frame
No date will be booked and/or secured unless the booking fee, as is referred to above, has been paid in full.
No part of any order, including photographs, wedding albums, wedding DVD’s and/or any other materials will be delivered until full payment has been effected.
- LIMITATION OF LIABILITY & INDEMNITY
In the unlikely event of a total photographic failure or in any other circumstance 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.
Without detracting from the generality of the above, the Photographer and or videographer warrants that he/she takes the utmost care with respect to exposure, transportation, and processing of photographs and or video. However, in the unlikely event that any Materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer and or videographer, or in the event the Photographer and or videographer fails to perform for any other reason beyond the Photographers and or videographers control, the Photographer’s and or videographer’s liability is limited to the return of all payments received for the event package.
The Client(s) indemnifies and holds the Photographer and or Videographer harmless against all liability, claims and expenses, including attorney’s fees, arising from Client(s), and/or any third parties use of the Photographer’s or videographers Material and / or any loss, damage or misuse of any Photographs or video supplied by the Photographer and or videographer, granted that there is no fault on the part of the Photographer and or videographer.
If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client(s) and the Photographer and or videographer shall not be liable for same.
In the unlikely event of the Photographer and or videographer being unable to attend to the wedding due to any cause beyond the Photographer’s and or videographer’s control, the Photographer reserves the right to appoint another photographer and or videographer to attend to your wedding on their behalf to undertake the wedding photography and or video to his / her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of the Photographer and or videographer is limited to the return of all payments received for the event package.
Re-shoots may be arranged if practicable but the Photographer and or videographer will not be responsible for any further costs resulting from re-shoots.
- PLACING AN ORDER, RECEIPT OF GOODS AND COURIER FEES
The Photographer and or videographer undertakes to deliver an edited product of the wedding day with specific features as contained and outlined in the package offered by The Photographer and or videographer as selected by the Client(s).
In the event of any complaint relating to The Photographer’s and or videographer’s service and/or materials, it is agreed that such complaints must be received in writing within 2 weeks of collection of the products ordered, failing which The Photographer and or videographer.
The Photographer and or videographer must be notified in writing of any alterations to orders within one working day of the order being placed. All costs incurred due to alterations to the order made by the Client(s) after this time will be for the Client(s) account and the Client(s) will be held liable therefore.
In accordance with the accepted practises of all professional photographers and photographic laboratories, the return of any technically acceptable photographs and/or prints and/or any other materials, or demands for refund, will not be entertained on principle. No exception can be made to this rule as the Photographer cannot be held responsible for individual tastes or expectations and the judgment, view, execution and layout of the Photographer will be deemed to be correct.
Owing to reflectance caused by a combination of certain dyes and materials, especially synthetic fibres, it is sometimes impossible to record the exact colour of a garment as seen by the human eye. The Photographer and or videographer will use their skill to produce, to the best of their ability, but cannot guarantee exact colour matches in certain circumstances.
Any courier fees for any products to be so delivered are excluded from the quote and are for the Client(s) account. The courier costs are payable before the products are couriered.
All additional orders, reorders and/or reproductions shall be treated as an extension of this contract and are to be placed in writing failing which no responsibility for error will be accepted.
The Photographer and or Videographer is able to store completed orders for a maximum of one month. It is the Client’s responsibility to ensure that proper backups are kept of the material commissioned and received.
The Photographer and or Videographer retains the copyright of all images and visual material.
- TRANSFER OF OWNERSHIP
Ownership in the physical Material final product as set out in package choice, ordered by the Client(s) shall pass to the Client(s) only when all amounts due by the Client(s) to the Photographer and or videographer have been paid, notwithstanding delivery of any of the aforesaid materials to the Client(s).
The Client(s) hereby permit and allow the Photographer and or videographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s).
It is specifically agreed that the Material may be used on social media forums as is desired, and that the Clients’ may be tagged, or otherwise identified, unless otherwise agreed in writing.
- ON THE WEDDING DAY
Sole Rights: The Photographer shall be the sole professional Photographer of the day at the venue(s) specified. The Photographer will not be held liable for over exposed photos caused by flash or lighting from other cameras/video cameras.
Special Requests: If there is anything uniquely different, or any specific and distinctive request, then such requests need to be brought to the attention of the Photographer and or videographer in writing one week prior to your wedding date.
Requested Photographs: The Photographer will honour all photographs requested and agreed in advance, provided the following factors are met: weather and allocated time permitting, availability and co-operation of the person/s concerned.
Coverage: The Photographer and or videographer will not be held responsible for the lack of coverage caused by the bride, the groom, or wedding party not being on time, or by any obstructed view caused by the Church, Register Office, or Licensed place of wedding restrictions on photography and or video. The Photographer and or videographer do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Where restrictions or limitations are set by any official or person possessing the correct legal authority to do so, the Photographer shall not be held responsible for non-fulfilment of this contract.
Weather Changes: Weather permitting; all photographs requested will be taken as agreed. In the event of rain or snow or any form of weather disturbance, the Photographer and or videographer will make the necessary changes in the photographic session and will not be liable for the lack of coverage caused by any weather disturbance and/or responsible for any disappointment caused due to the weather.
Overtime Charged: All over time charged will be computed at a rate per hour, or as otherwise agreed between Henry/Michele Dillon and the Client(s). Should the Photographer and or videographer feel that most moments have not been covered, the Photographer will discuss this with the Client(s) and will only stay when it has been approved by them or with their consent.
Meals: The Client(s) is required to provide meals for the Photographer and or videographer and one assistant (if applicable) during the time when the dinner is being served to the wedding guests. These may be served in the dining room or at another location in the reception venue. It is requested that the Photographer and or videographer and in the case a assistant be seated in the dining room if at all possible so as to be able to continue photography during the meal. Further arrangements and the practicality of this arrangement will be as discussed between Clients and the Photographer.
Accommodation: Should the venue for the function be more than 100 kilometres (1 hour’s drive) from The Photographer’s office, suitable accommodation should be provided for the Photographer and or videographer (and an assistant if applicable). These accommodation charges are excluded from the quote and are for the Client’s account.
Travelling Expenses: Travel charges of R4.50 per kilometre from The Photographer’s office will be charged, excluding toll-gate costs. These travelling charges are excluded from the quote and are for the Clients account. Any further and / or more advanced travel arrangements will be as discussed between Clients and Photographer.
- MODEL RELEASE
The Client(s) hereby grants to the Photographer and or videographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs and video footage of the Client(s) or in which the Client(s) may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.
The Client(s) hereby releases the Photographer and or videographer as well as its legal representatives and assigns from all claims and liability relating to such photographs.
- BREAH The Client(s) agree and acknowledge that in the event of them breaching any condition contained in this document, then the Photographer and or videographer shall without prejudice to any other remedies which the Photographer and or videographer may have in law, be entitled to summarily cancel this contract with the Client(s) without notice to the Client and to re-possess those Materials already delivered to the Client(s); or to claim specific performance of all of the Client’s obligations whether or not such obligations would otherwise have fallen due for performance.
Furthermore, In the event of the Client(s) breaching any condition contained in this document, the Client(s) consents to the payment of all legal costs, including the payment of collection commission and tracing agent’s fees, should the Photographer have to institute legal action against him/her, on the scale as between attorney and client.