Wedding Terms and Conditions
This AGREEMENT is entered into by the parties as set out in the Wedding Booking Form, WHEREAS, the Photographer is a professional photographer of good standing and agrees to create the Images in accordance with the specifications described more fully herein;
WHEREAS, Clients wish the Photographer to create wedding Images (“the Images”) described more fully herein on the date of the event (set out in the booking form); and WHEREAS, the Photographer wishes to create such Images pursuant to this Agreement.
WHEREAS, the Videographer is a professional videographer of good standing and agrees to create the Images in accordance with the specifications described more fully herein;
WHEREAS, Clients wish the Videographer to create wedding Images (“the Images”) described more fully herein on the date of the event (set out in the booking form); and WHEREAS, the Videographer wishes to create such Film pursuant to this Agreement.
Photographer and Videographer may be used interchangeably.
Client acknowledges that photography/videography on event day is at the sole artistic discretion of the Photographer / Videographer. Client acknowledges that the photographer has a specific style and adheres to the said style. No shots throughout the day are guaranteed (such as, but not limited to,
formals, first kiss, bouquet toss, etc.) but the Photographer will do her best to capture all important moments as far as possible.
1. Payment Terms and Reservation Fee
Client agrees to pay the Photographer a reservation fee of 50% of the contract fee upon making the reservation. Upon receiving the reservation fee Photographer reserves the time and date agreed upon. For this reason, all reservation fees are non-refundable, even if the wedding date is changed or cancelled for any reason.
Final payment is due 7 days prior to the event. Images will not be delivered until payment is received in full.
Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.
Client agrees to reimburse the Photographer for all reasonable extra travel expenses not allowed for in the original quote at a rate of R5.00 per km, as well as all out-of-pocket expenses such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as it becomes available. The clients are requested to provide the photographer and his assistant(s) with a meal for events of 5 hours or longer.
Accommodation and breakfast of R800 per night will be added to the package for 1 photographer, R1400 for 2 photographers. If the wedding should be more than 300 km out of Bloemfontein, 2 nights accommodation will be added.
2. Cancellation and Changes
The Client may cancel this contract at any time by giving written notice to the Photographer, but in doing so shall forfeit their administration fee paid. In addition hereto, and save for the cancellation being due to death or hospitalization of the Client(s), the following charges will be due and payable in case of cancellation, it being the agreed loss suffered by the Photographer due to such cancellation:
90 days prior to the function: 50% of the outstanding amount.
60 days prior to the function: 80% of the outstanding amount.
30 days prior to the function: 100% of the outstanding amount.
3. Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event the Photographer will not be liable to the Client(s) and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the following circumstances:
Force majeure (Acts of God);
The loss, damage, destruction or theft of any property on the venue;
Any act or circumstance, save for gross negligence by the Photographer, causing the loss, damage, destruction, theft and such other related events of photographic material (including camera equipment);
Loss or damage resulting from or related to the use of any equipment on the venue, including but not limited to furniture, cutlery and crockery, sound equipment and photographic equipment or technical failure thereof;
4. Limitation of Liability & Indemnity
In the unlikely event of a total photographic failure or cancellation of this contract by either party 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 warrants that he takes the utmost care with respect to exposure, transportation, and processing the photographs. 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, or in the event the Photographer fails to perform for any other reason beyond the Photographers control, the Photographer’s liability is limited to the return of all payments received for the event package.
The Client(s) indemnifies and holds the Photographer 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 Material and / or any loss, damage or misuse of any Photographs supplied by the Photographer, granted that there is no fault on the part of the Photographer.
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 shall not be liable for same.
In the unlikely event of the Photographer being unable to attend to the wedding due to any cause beyond the Photographer’s control, the Photographer reserves the right to appoint another photographer to attend to your wedding on their behalf to undertake the wedding photography to his / her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of the Photographer is limited to the return of all payments received for the event package.
Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs ancillary hereto.
Editing of photographs may take up to 2 months of the wedding date. Editing of the video can take up to 3 months after the wedding date. NO unedited photographs or RAW footage will be provided to the client.
All RAW photographs/footage taken on the day of the wedding, will be deleted from the hard drives after 6 months of receiving your photographs/video. The photographer will provide you with an index folder containing all images for you to choose from. If you want to order any additional images (at R30 per digital edited image) or albums, this should be done within the 6 month time frame. Edited photographs/footage will be kept for 2 years. Additional videography footage can be discussed with videographer at a custom price
5. Placing an Order, Receipt of Goods
The Photographer undertakes to deliver an edited product of the wedding day with specific features as contained and outlined in the package offered by The Photographer as selected by the Client(s).
Any changes to the wedding photos are to be communicated within 21 working days from receiving the proof material and it is agreed between the parties that The Photographer will be made aware if this is not possible prior to the wedding day.
In the event of any complaint relating to The Photographer’s service and/or materials, it is agreed that such complaints must be received in writing within 21 working days of collection of the products ordered, failing which The Photographer shall be deemed not to be in breach of any of its obligations and it shall be agreed that all materials were received in a satisfactory condition.
The Photographer 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 practices 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 fibers, it is sometimes impossible to record the exact colour of a garment as seen by the human eye. The Photographer will use their skill to produce, to the best of their ability, pleasing prints and to provide a pleasing colour balance based on the flesh tones of the subjects, but cannot guarantee exact colour matches in certain circumstances.
The Photographer is able to store completed orders for a maximum of one month, and all other material for a maximum of two months, after which time any orders not collected may be deleted. It is the Clients’ responsibility to ensure that proper backups are kept of the material commissioned and received. Mudboots Photography will not be held liable for loss data/photographs after the final product has been received by the client(s).
5. The Album
If you do not provide Mudboots with your book favorite within a month after Mudboots has asked you and make no effort to select the photos for the book. Mudboots will after 9 months consider the order completed and you will have to pay full price for the Album/Book as if it was not included in the package.
You are required to select 80-100 images for your book. I do not charge for extra page however if you exceed the amount of photos picked it is R100 per extra 5 photos.
All Copyright in the Material created and produced pursuant to this agreement vests with and is retained worldwide by the Photographer at all times and nothing contained in this Agreement shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material.
No other person, including the Client(s), will enjoy any rights under the Copyright in and to such Material save as may be specifically granted in this Agreement or subsequent to this agreement in writing by the Photographer.
Without derogating from the generality of the above, the Photographer hereby permits the Client(s) to use the Material for their personal and non-commercial use, and in the following manner only:
– To reproduce, print and copy the Material for family and friends; and
– To post, blog and/or display the Material on their personal and non-commercial media and social network forums, provided that the Photographer be credited for the use of the Material at all times.
– Notwithstanding the above, it is expressly agreed that the Client(s) will not acquire any rights under the copyright in and to the Material and that all rights under the copyright in such Material is exclusively reserved to the Photographer. The Client(s) and any third party is not permitted to sell, publishing, reproduce or otherwise provide and/or distribute the Material for profit to any third party without the express written permission of the Photographer. Prior written consent for the use of the Photographs for any purpose other than for the Client(s) personal and non-commercial use must be obtained from the Photographer.
– The Photographer further retains the right to claim authorship of the Photographs and to object to any distortion, mutilation or other modification of the Photographs and/or any Material where such action is or would be prejudicial to the honour or reputation of the Photographer.
The Client(s) hereby permit and allow the Photographer 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 Facebook, and / or such other social media forums as is desired, and that the Clients’ may be tagged, or otherwise identified, unless otherwise agreed in writing.
8. On the Wedding Day
Client acknowledges that photography on event day is at the sole artistic discretion of the Photographer. Client acknowledges that the photographer has a specific style and adheres to the said style. No shots throughout the day are guaranteed (such as, but not limited to, formals, first kiss, bouquet toss, etc.).
Special Requests: If there is anything uniquely different, or any specific and distinctive request, then such request needs to be brought to the attention of the Photographer 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 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. The Photographer does 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 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.
Family photographs: The Client is responsible for appointing a friend or family member to gather all family members involved to the appointed place where the photographs will be taken. The persons to appear on each separate group photo should also be decided by the client beforehand. It is not the responsibility of the photographer to get all the family members together for the family photographs and the photographer will not be held responsible if time is wasted on this.
Overtime Charged: All overtime charged will be computed at a rate of R1,500 per hour, or as otherwise agreed between the Photographer and the Client(s).
Meals: The Client(s) is required to provide meals for the Photographer/ Videographer and assistants (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 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 150 kilometers (approx 1 hour’s drive) from The Photographer’s office, Accommodation and breakfast of R800 per night will be added to the package for 1 photographer, R1400 for 2 photographers. If the wedding should be more than 300 km out of Bloemfontein, 2 nights accommodation will be added. (Will arrange own accommodation.) .
Traveling Expenses: Travel charges of R5.00 per kilometer will be charged for weddings outside of Bloemfontein (i.e. exceeding a 150km radius). Toll fees will be charged additionally. These traveling 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.
9. Time Required for Photography
One hour and thirty minutes (1 ½ hours) is required for group photos, bride and groom photos but excludes traveling time to different locations.
It is essential to adhere to per-arranged schedule in order to achieve a high photographic standard. The photographer will not be held responsible for poor quality photographs as a direct result of rushed photography or lack of proper light due to schedule running late.
10. Model Release
The Client(s) hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs 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 its legal representatives and assigns from all claims and liability relating to such photographs.
11. Validity of Quotation
This wedding package quotation is valid for 30 (thirty) days only and the services on this offer will be reserved subject to payment of the deposit as stated in clause 1 above.
12. Acceptance and Acknowledgement
The Client(s) hereby accepts the quotation from The Photographer to render and supply all services and materials as agreed upon on these terms and conditions as stated herein. The Client(s) by agreeing to this contract acknowledges that they have read and understood the terms and conditions and agrees to all of the above and is further familiar with all details of the selected wedding package.
By paying the booking fee we have understood the contents of this contract and agree to the terms therein.