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Terms & Conditions

THE NITTY GRITTY

Let’s get down to the nitty gritty…

  1. Definitions
    For the purpose of this agreement ‘the Photographer’ (Lyle Augustus from Augustus Photography) and ‘the Client’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no Photographer or intermediary), all references in this agreement to both ‘the Photographer’ and ‘the Client’ shall be interpreted as references to the Photographer’s client, ‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
  2. Copyright
    The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
  3. Ownership of Materials
    Title to all Photographs remains the property of the Photographer. When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
  4. Use
    The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Photographer is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.
  5. Exclusivity
    The Photographer and Client may be authorized to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes.
  6. Client Confidentiality
    The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
  7. Indemnity
    While the photographer takes all reasonable care in the performance of this agreement generally, I shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
    The Client agrees to indemnify the photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the photographer.
    b. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained
  8. Style Specifications
    It is up to the client to specify the overall desired style of shooting to be done and communicate this with the photographer. It is agreed by both parties that the Photographer shall attempt to emulate the agreed upon style. The photographer agrees to use his/her skills, experience, and abilities to achieve a satisfactory result for the Client. There is no guarantee that the final results will be exactly in line with the Clients vision, and the Client recognizes that photography is an art from both subjective and variable.
  9. Shooting Time / Additions
    The photography schedule and selected methodology are agreed upon by both the Client and the Photographer, and are designed to accomplish the stated goals and wishes of the Client in a manner enjoyed by all parties. The Client and the Photographer agree that punctuality is essential to that purpose. Shooting commences at the scheduled start time. Additional time MAY be available, however the Client should not expect it with certainty. Any additional shooting time, services, or products should be expected to entail additional costs.
  10. Coverage
    The Photographer will provide coverage for the date, location and continuous hours specified in this contract. Additional travel or coverage hours may be added by agreement on the day of the shoot and must be paid in full before any photos or products are released to the Client. Although every possible care will be taken to produce photographs of all important and special moments during the shoot, the Photographer cannot place an unconditional guarantee on the above. The photographer will not be held responsible for any ruined photographs due to guests, (or any other) flashes, or any other ruined photographs due to any other cause in or outside of the Photographers control.
  11. Cooperation
    The Client agrees to designate an “event guide” to point out important individuals for informal or candid photographs to the Photographer during an event that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs.
  12. House Rules
    The Photographer is limited by any guidelines, or house rules, of a ceremony official (if applicable) or site management. The Photographer will abide by these limitations. It is agreed that the Client is responsible for ensuring that these limitations are communicated to the Photographer in advance of the date of coverage (the earlier the better), and agrees to accept the technical results of these limitations on the Photographer. Such negative effects can be but are not limited to, grainier images, limited shot selection, limited composition, and similar. Negotiation with the officials for moderation of guidelines is the Clients responsibility. The Photographer will offer Technical recommendations only.
  13. Responsibilities / Guest Cooperation
    It is understood that Augustus Photography shall be the sole and exclusive photographer retained for the event and he/she may bring one assistant at his/her discretion. The formal photography time is for the exclusive use of the Photographer to capture the formal portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions. Guests may take photos outside of the formal photography time, but it is the responsibility of the Client to prevent family and friends from interfering with the Photographers duties and time schedule. The Photographer is not responsible for compromised coverage due to causes beyond his/her control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. The Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.
  14. Booking Fee and Payment
    The Client shall make a 50% upfront payment/booking fee, to retain the Photographer, to perform the services on the booking date that the Client originally requested. Invoices can be made payable to “Lyle Augustus” by EFT, Credit Card or Cash. Banking details will be supplied with our invoice. Payment of the booking fee shall reduce the total cost of the invoice and the Client shall pay the balance due no less than 48 (fourty-eight) hours prior to the date of event. The upfront payment/booking fee is non-refundable, even in the situation where the Client cancels the services of the Photographer. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms.
    b. If payment is not made in accordance with above then the photographer may rescind this Agreement and recover damages, or, at their option, may exercise their statutory right to interest under the Late Payment of Commercial Debts (Interest) Act
    c. If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that In Camera Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
    d. A fee of R120.00 may be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuing of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
    e. The photographer reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
    f. On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, the photographer may at any time thereafter inspect any records, accounts and books relating to the reproduction of their images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
  15. Expenses
    Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Photographer or the Client, or otherwise at their request, the Photographer shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown as having been agreed or estimated.
  16. Non-payment or Breach of Contract
    In the event of non-payment or other breach of this agreement by the client, the Client shall pay all the Photographer’s costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fee and the License to Use contemplated in this agreement shall not exist and be of no force or effect.
  17. Rejection
    Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
  18. Cancellation
    A booking is considered firm as from the date that the upfront payment/booking fee has been paid. The upfront payment/booking fee is non-refundable, even in the situation where the Client cancels the services of the Photographer. If you have to re-schedule, please do so at least 7 days prior to your booking date, so that we have time to fill your booking slot. Should you/your child/ren be ill or have a family emergency, death in the family or any other life altering situation, you may reschedule your session – please notify us as soon as possible (preferably at least 24hr in advance if possible). If you have booked an outdoors/weather dependant photo session, we will contact and advise to re-schedule due to unsuitable weather, should your booking date be flexible. Your session will be moved to the next suitable/available date at no additional cost.
  19. Right to a Credit
    For editorial use, Client agrees to provide a credit line in the form of “© Steven McGregor Photography” in type no smaller than the nearest text and immediately adjacent to the picture used, unless agreed in writing prior to the shoot taking place.
  20. Electronic Storage
    Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
  21. Model Release
    In consideration of any remuneration received of which is acknowledged, The Client hereby gives the Photographer, his/her assigns, licensees, and legal representatives the irrevocable right to use the Client’s name (or any fictional name), picture, portrait, or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and I waive any right to inspect or approve the finished product, including : written copy, that may be created in connection therewith. The Client acknowledges that he/she is of full age. This release will relates to all photographs taken of the Client or Client’s subjects. Copyright remains the intellectual property of the Photographer. If any minor(s) are included in any photoshoot, as their legal guardian the Client hereby acknowledges the above and gives their consent.
  22. Applicable Law
    This agreement shall be governed by the laws of the Republic of South Africa, with the exception listed in Clause 2. FIRST COPYRIGHT OWNERSHIP above.
  23. Variation
    These Terms and Conditions shall not be varied except by agreement in writing.