This Agreement is made effective for all purposes in all respects by and between Rollin Photography hereinafter referred to as “the COMPANY” and “The CLIENT” relating to the subscription(s)/photographic shoot(s) detailed below, hereinafter referred to as “The EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
SUBSCRIPTION CONTRACT: The contract for the regular supply of the periodical “Rollin Photography Social Media Subscription Service” (subscription contract) is concluded when an order is placed by the CLIENT and confirmed by the COMPANY. Commencement of delivery constitutes confirmation.
TERM OF THE CONTRACT: In the case of fixed-term subscriptions, the contract ends when the term of the contract expires or the contract is cancelled. Minimum term subscriptions continue as open-ended subscriptions when the minimum subscription period ends. The minimum period for a subscription is 1 month.
CANCELLATION: The CLIENT understands that the subscription may be cancelled after the first 30 days. The CLIENT may only receive a refund for the remaining months of the purchased subscription package.
PAYMENT SCHEDULE: the CLIENT agrees to pay the membership fees in full in order to begin the subscription for either 1 month or 6 months, according to the plan chosen at time of purchase.
RESERVATION: The CLIENT understands and agrees that they have committed to a contract and the CLIENT agrees to the membership fees payable by the CLIENT at the rate offered at purchase time prior to the agreed subscription start date.
Full payment is required upfront for any EVENT(S) to commence. The COMPANY maintains full discretion over payment terms at any given time. If the EVENT(S) are rescheduled, postponed, or cancelled by the CLIENT and no EVENT(S) commences during a scheduled month as part of a subscription package; or if there is a breach of contract by the CLIENT, no refund will be granted. If an EVENT(S) is rescheduled in a new month not covered by an existing subscription, full payment will be required for a new subscription, in order for the rescheduled EVENT(S) to commence.
LATE PAYMENT: The COMPANY may delay the subscription start date in the event of late payment by the CLIENT.
EVENT SCHEDULE: Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY location address.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; the COMPANY will offer technical recommendations only. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY.
Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Copyright Law (all rights reserved) and may not be reproduced or altered in any manner without the COMPANY’s explicitly written permission; upon final payment by the CLIENT, copyright ownership of the resulting final images will be transferred to the CLIENT; RAW files will be excluded. If the CLIENT in based outside of South Africa, international copyright laws will apply and copyright will not be transferred to the CLIENT. If the CLIENT has provided payment to the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY.
IMAGE ASSET USAGE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs produced by the COMPANY, for editorial, social media posts, advertising, educational and in any manner and medium for the COMPANY’S promotional use; to alter the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. Post production and editing of final photographs post delivery to the CLIENT is strictly prohibited, this includes but is not limited to cropping, colour or tone adjustments & contrast adjustments. Any post production or editing required by the CLIENT will be completed strictly by the COMPANY.
REFUSAL/SUSPENSION OR TERMINATION OF MEMBERSHIP: The COMPANY may immediately restrict, suspend or terminate the CLIENT’S membership if the COMPANY considers the CLIENT in breach of these Membership Terms, or applicable law.
The COMPANY reserves the right to refuse membership in their discretion (examples include previous breaches of membership term) PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.