TERMS & CONDITIONS
We will always do our best to fulfil your photography needs to the best of our ability and hopefully even exceed your photography expectations. It is best for everyone to have a few things written down so that we both know who does what and when and what happens if something goes wrong.
This contract is between Kara Nolan Photography (hereinafter known as “the Photographer) and any person, body of persons, firm or company whom has either 1. Booked a photoshoot, 2. Paid for a photoshoot, or 3. Received the photoshoot as a gift, (hereinafter known as “the Client”) with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
These terms and conditions are bound to the Client’s Guests/ Family/ Attendees during the photoshoot and it is the Client’s responsibility to educate and/ or distribute said Terms and Conditions to all persons involved in the booked photoshoot session.
This agreement will become effective and binding once the confirmation of the booking and payment has been received.
At the time the contract takes effect, the Photographer shall reserve the agreed upon date and time and not make any other bookings or accept any other clients for said date and time. For this reason, in the event the Client cancels said booking, the Photographer shall retain all monies paid to offset the loss of business and is not transferable in any way or form.
Booking Days : The Photographer may be booked by the Day (up to eight (8) hours), Half-Day (up to four (4) hours), or the Hour. The minimum hourly booking is one (1) hour.
Confirmed Bookings: All day bookings are computed at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours, time and a half will be charged. After ten (10) consecutive working hours, double time will be charged, unless arrangements have been made in advance. Sunday and legal holidays are billed at time and a half.
Preparation & Wrap Time: Preparation time is billed by the hour with a two (2) hour minimum.
Travel Time: Travel time is computed at a Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes or out of Johannesburg for out-of-town locations, travel time to and from bookings is charged at half the day rate.
Booking a Photoshoot : A 50% booking fee is payable to secure the agreed upon date and time. The booking fee is non-refundable. The balance is payable no later than 72 hours/ 3 days before the photoshoot. Any additional payments for extra services such as additional images, albums, prints and canvases or any other service are to be paid when the order has been placed. Out of town expenses for travelling will be quoted separately and need to be paid immediately to ensure travel confirmation. Only EFT or cash payments will be accepted. No e-Wallet or other forms of payments will be accepted.
Cancellation Fees : Your deposit is non-refundable. Cancellations of trips or full week confirmed bookings must be made one week prior to the booking, otherwise, a full fee will be charged and full reimbursement will be expected. (e.g. costs incurred from transportation, aeroplane, etc.)
Weather Permit: Type of weather must be specified. A same-day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day.
In such instances, the Photographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees, etc.), that he may have incurred prior to or during the assignment taking place.
Wedding cancellations/ postponements : The Client understands that by entering into this agreement the Photographer is foregoing other photographic jobs. In the event of a cancellation of the wedding or photographic services, the Client will not be refunded their booking fee in order to offset the loss of business and time the Photographer has already invested in preparation for the Client’s wedding. Cancellation is to be given to the Photographer in writing electronically. Furthermore the Client will be subject to cancellation fees for the following amounts dependent on the notice period given to the Photographer:
3+ weeks notice – Booking fee
2 weeks notice – 50% of the remaining fees
1 week notice – 75% of the remaining fees
Delayed, Suspended, or Abandoned Projects : Projects can be stalled waiting on image selections, content, information, feedback, approvals, etc., that have been requested from clients. While waiting for a response, we will typically begin to work on other projects that have been scheduled and paid for.
A project is considered delayed if our request for assets, information, feedback, approvals, etc., goes without sufficient response for more than five (5) business days.
When a project is delayed, we may remove it from our active project queue and place it at the back of the line. Work will resume on a delayed project when we have received what was asked for and are able to continue, and our queue of work will allow us to focus on your project again.
A project is considered suspended if the response to our request for assets, information, feedback, approvals, etc., is delayed for more than ten (10) days without a reasonable cause as determined by Kara Nolan Photography. Once a project is considered suspended, it is the sole responsibility of the Client to reactivate the project. To reactivate a project a reactivation fee equal to 10% of the total project fee is payable and all items requested to complete the project need to be supplied.
A project is considered abandoned if the response to our request for assets, information, feedback, approvals, etc., is delayed for more than 30 days without a reasonable cause, as determined by Kara Nolan Photography. The reactivation fee equal to 10% of the project total is still owed when a project is abandoned.
Postponements : Unless otherwise agreed in writing, the Client will be charged a 100% fee if postponement of the assignment occurs after the Photographer has departed for the location. A 50% fee (equivalent to the deposit paid) if the postponement occurs before departure to location. Cancellation and postponement fees will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
For your Photoshoot : The Client and the Photographer will meet at the predetermined date, time and place. Do not be late. The Client understands that the photoshoot times are booked according to a shooting schedule. The Photographer will not be held liable for the Client’s loss in time. The Client is responsible for ensuring all attendees arrive on time. In the event of the Client or attendees being late, the time will be deducted from the agreed upon time allocated to the photoshoot. The Photographer will not be held accountable for the loss of suitable shooting light or the missed images not obtained within the shooting time remaining for the photoshoot. Please calculate your travel time accordingly.
Post Editing : The process of editing takes approximately 20 working days to complete, project dependent. Please do take Eskom load shedding into consideration as well as the Photographer’s schedule. The photographer will make every effort to select the best images to edit. Unedited images will only be given upon special request or circumstances. Clients are serviced on a first come first served basis. The Photographer will endeavour to deliver the images in a timeous manner, however, the Client is not to put any pressure on the Photographer to perform faster than stipulated in this agreement.
Retouching, Edits and Digital Files : Standard portrait retouching includes: blemish removal, eye brightening, contouring and general contrast, saturation, exposure etc editing for the desired effect. The Client agrees to accept the editing style and choices made by the Photographer for the photoshoot as per the brief communicated.
Final Product : All packages are quoted with a set amount of digital high resolution jpeg images unless otherwise stated and agreed upon. Images chosen are at the Photographers discretion and/ or in collaboration with the Client. The Client accepts the Photographers professional discretion and the technical considerations in photography. Technical consideration in photography may result in a specific image not suitable for publication or delivery to the Client. 24 hours will be given to express dissatisfaction once the images have been received. Thereafter the photography will assume client satisfaction and no claims can be made.
Image Size, Style and Colour and Composition : All image sizes are approximate. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record on film or in print the exact colour as seen by the human eye. The client may not reject any final products based on style or composition.
Original Files : All image files are captured by the Photographer in RAW format to ensure high image quality. No RAW files will be given to the client under any circumstances. The client will receive the amount of images agreed upon and paid for in jpeg format as mentioned in clause 4.
Delivery : The Client will receive a private online gallery. A link will be sent to the Client with instructions to download and view their photoshoot. The gallery will be available online for 30 days for viewing. The Client is responsible for downloading and backing up their purchased images to their own devices. Print products generally take between 7 and 21 working days to manufacture and the Client will be contacted to arrange collection as soon as the product/ products are ready.
Wardrobe : The Photographer will not be held liable for any wardrobe contributions unless agreed and paid for before the photoshoot. The Photographer will not be liable for any wardrobe malfunctions or failures. The Photographer merely makes suggestions towards the wardrobe to best suit the construct wanting to be obtained in the images.
Makeup and hair : The Photographer is not responsible for supplying a Hair or Makeup Stylist. Hair and makeup is the sole responsibility of the Client. A Makeup and Hair Stylist will only be available to the Client and their attendees if previously agreed and paid for. The Photographer will not be held liable for any makeup or hair failure, including but not limited to uneven tone; excessive blotched or irritated skin; intentional or unintentional shiny skin, smudged or clogged mascara or makeup transferred onto items of clothing. The photographer will not be liable for uneven hair tone, uneven hair, flyways or freshly dyed hair stains on skin. The Photographer will endeavour to remedy any flaws in hair and makeup to the best of their ability and digitally without impairing the integrity of the image/s.
Body image & Self Care : The Photographer encourages a positive body image and confidence. If the Client requests dramatic/ drastic body image alterations, a starting fee of R450.00 per image will be charged at an additionalI cost to the Client. It is the responsibility of the Client to ensure self care of themselves and their Guests to arrive and be ready with clean faces, hair, nails, clothes, hands and feet. Should the Client request a digital clean up regarding the aforementioned, a starting fee of R250.00 per image will be charged and the responsibility of the Client to make payment.
Weather : The Photographer cannot control the weather. All location and outdoor photoshoots are dependent on the weather conditions. The Client may not force the Photographer to use their equipment if the Photographer deems the weather conditions unsuitable. In the case of unsuitable weather conditions, the photoshoot will be rescheduled. Due to the sensitive nature of camera gear and equipment, the Photographer reserves the right to stop shooting and take the necessary steps to protect their equipment and gear. The Photographer will not be held liable for the loss of any images due to weather conditions. Should it not be possible to carry on with a photoshoot due to unsuitable weather conditions both the Client and the Photographer will reschedule a date and time suitable for both parties at no additional cost.
Guest Cooperation : The Client is responsible for their own conduct and the conduct of their Guests. The Photographer will not tolerate verbal or physically abusive behaviour nor will the Photographer share their time or compete for the attention of the subjects being photographed. Poor conduct interferes with the quality of the images and the time taken to capture them. A loss in time results in a loss of images of the subjects.
Young Children : The Photographer understands young children can be unpredictable and still learning to vocalise or communicate their intentions, feelings, wants and needs. The Client understands the booking for a photoshoot of children is at their own risk and the Client understands that it may result in loss of time or loss of imagery. The Photographer will make every effort to make your child/ children comfortable and to get their cooperation for the photoshoot.
Cooperation / Non – Arrivals : The parties involved agree to positive communication and cooperation to achieve the best possible results for the photoshoot. A clear brief and expectations is to be given to and communicated to the photographer before the photoshoot. The Photographer is not responsible for mismanaged expectations due to the lack of a brief or expectations being communicated. The Photographer is not responsible to ensure the timeous arrival of the Client or their Guests.
Attendance of the Photographer : In the case of ill health or unforeseen circumstances, photoshoots may have to be rescheduled by the Photographer. In the event of ill health or unforeseen circumstances the photographer reserves the right to reschedule to photoshoot as soon as possible at a date and time suitable for both parties
Reshoots :
15.1 In the event the Client is completely unsatisfied with the final results with valid reason, valid reason not being clauses 6, 7, 8 and 9 stated above, the Photographer will reshoot at a 65% discounted rate of the original shoot fee quoted.
14.2 In the unlikely event that the finished product is unusable due to technical failure or equipment issues, the Photographer will reshoot at no additional cost to the Client. Any and all fees paid for post editing will be retained by the Photographer.
14.3 In the event the Client is unsatisfied as mentioned in clause 11, the photographer will offer to reshoot at a 50% discounted rate of the original photoshoot quoted with the condition that the Client will only receive the total amount of images as stated in the original quotation.
14.4 reshoots must be booked within 4 weeks from the date of the original booked photoshoot date.
Technical & Equipment Difficulties : Load shedding is a reality in South Africa and causes disruption. In the case of a power outage for any reason, the Photographer reserves the right to stop shooting and grant a reshoot on an agreed upon date and time at no additional charge. The Photographer cannot and will not shoot in low light conditions without the suitable gear and equipment as it will result in poor image quality and wasted time.
Print Life : The Client is aware the colour dyes and inks in prints may fade or discolour over time. The Client releases the photographer from all liability for claims based upon the fading or discolouration of any prints supplied.
Attendance of the Photographer : In the case of ill health or unforeseen circumstances, photoshoots may have to be rescheduled by the Photographer. In the event of ill health or unforeseen circumstances the photographer reserves the right to reschedule to photoshoot as soon as possible at a date and time suitable for both parties.
Model Release : the Client grants the Photographer, their Legal Representatives and any other Party acting with them the irrevocable right to use and publish photographs of the Clients, Clients children and guests. Images may be included for editorial, trade, advertising or other purposes (except pornographic, defamatory, libellous or otherwise unlawful), and in any other manner or medium to alter and copyright the same without restriction. The Client hereby releases the Photographer, their Legal Representatives and any and all Parties acting with them from all claims and liability relating to said photographs.
Copyright : The Client agrees all images captured are copyrighted to and remain the property of Kara Nolan Photography. The entire copyright of the photographs is retained by the Photographer at all times. No copies of the images may be sold for profit, in either print or digital format by Clients or associates. The Photographs given are considered final and may not be altered or edited by anyone else in any way without the written consent of the Photographer. Clients will be granted a Print Release permitting Clients to print copies of their allocated images for personal use only. Personal use includes social media, displaying on a non-profit base, allocated to friends/ family and related. The Photographer is not allowed to distribute the Client images to other members of the family or friends without written consent from the Client.
Injury : The Client shall not hold the Photographer responsible for any injury or harm that may come to the Client or their Guests during a photoshoot.
Non-Disparagement Clause : The Client agrees that they will not disparage the Photographer or post any negative statements, reviews, comments or feedback about the Photographer or services provided by the Photographer to any third party whether orally or in any written publication or online forum or message platform, including but not limited to Facebook, Instagram, Twitter or LinkedIn. Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damage caused by a failure to comply with this provision. Parties agree that in the event that it is established that the Client has failed to comply with this provision, liquidated damages of R50 000.00 will be paid to the Photographer within three (3) months and the Client agrees any and all legal fees incurred by the Photographer shall be for the Client’s account.
Limitation of Liability : In the unlikely event of total photographic failure or cancellation of this contract by either party or in any circumstances, 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. The Photographer takes the utmost care with respect to the exposure, retouching and transportation of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond the Photographer’s control , the Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount based on the percentage of originals lost or damaged.
Exhibition : The Client grants the Photographer permission to display selected images resulting from this assignment as an example of the Photographer’s work and for entrance into photographic competitions. The Client releases all claims to profits that may or may not arise from the use of the images. Should any boudoir photographs be taken, the Photographer will not exhibit these in any form except at the Client’s request. The Client agrees to the publication of a blog entry on the Photographer’s website and this blog publication will be shared on the Photographer’s Facebook page at the Photographer’s discretion. Should the Client wish to not have their images displayed on Facebook, the Photographer must receive written objection from the Client before the booked photoshoot. Every attempt will be taken to abide by the POPIA act and protect the Client’s personal information. Should any information be required for marketing or advertising purposes, written permission will be requested from the Client. No personal information will be shared without the Client’s consent.
Religion : Please inform the Photographer of any religious or cultural considerations before the booked photoshoot.
Prices & Terms : All prices shown within the Photographer’s price list are subject to change without prior notice. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Entire Agreement : These terms and conditions contain the entire understanding between the Client and the Photographer. It supersedes all prior agreements between the parties. All amendments to this agreement must be done so in writing, signed by all parties. If the parties want to waive one of the provisions contained in this agreement, it does not mean that any other provisions is waivered.