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 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.
RESERVATION: Full payment is required upfront for photo shoots valued at R3000.00 or less. For values above R3000.00, a retainer fee (50% deposit) is required to reserve the dates and times of the EVENT(S). Special payment arrangements may be made for values below R3000.00, to allow for a 50% deposit to be made, prior to the day of the shoot. All international clients are required to pay the full payment upfront in order to commence work. The COMPANY maintains full discretion over payment terms at any given time. If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated for damages to The COMPANY. The CLIENT shall also be responsible for payment toward any of the COMPANY’s materials charges incurred up to time of cancellation. In the event of a cancellation with an international client, the full amount will be refunded excluding any expenses or damages that may have incurred.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). 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 / ADDITIONS: 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. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will nonetheless end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
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.
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 for the COMPANY’S promotional use of services only; to alter the same without restriction. The CLIENT releases all claim to profits that may arise from promotional use of images. The COMPANY releases all rights to sell the images this includes but is not limited to, stock photography.
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 with guidance from the CLIENT. Post production and editing of final photographs post delivery to the CLIENT is prohibited, this is limited to cropping, adding of filters, colour or tone adjustments & contrast adjustments. Any post production or editing required by the CLIENT post delivery is advised to be completed by the COMPANY.
POST DELIVERY ALTERATIONS: If the CLIENT requires any alterations to be made to any media created by the COMPANY, alteration requests are to be made within SEVEN days post delivery to the CLIENT. If no alterations are requested within this time, it is assumed that the submitted media is the accepted final. The COMPANY will perform MINOR alterations at a maximum of THREE attempts only, per photo or video created by the COMPANY. Each alteration requested will require clear and concise directions from the CLIENT including examples whenever possible. Each alteration will require the CLIENT’s feedback. Any alterations requested after SEVEN days or after 3 attempts are subject to additional fees at the hourly rate. If the requested alterations create a discrepancy to the previously agreed upon terms in the photo-shoot-brief, these changes are subject to additional fees at the hourly rate.
PAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due at the time of signing this agreement. The remaining balance is payable in full prior to delivery of final photographs; 5 preview photographs(including watermarks) may be viewed by the CLIENT prior to payment of the remaining balance. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid.
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.