FULL TERMS & CONDITIONS | MONSOON PHOTOGRAPHY CC
In the following Terms & Conditions “the Photographer” shall mean Monsoon Photography CC trading as Monsoon Photography. “The Client” shall be those persons defined as ‘the Agency’ or ‘Advertiser’. These Terms & Conditions cannot be varied in any way by the client unless such conditions are expressly agreed by the Photographer in writing.
TERMS & DEFINITIONS
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.
(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Monsoon Photography. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.
(c) “Photographs”, “Works” and “Material” means all photographic and/or videography material furnished by the Photographer, whether transparencies, negatives, prints, digital files, digital videos or any other type of physical or electronic material in existence now or yet to be developed.
(d) All contracts verbal or written are only accepted on the basis that the Terms & Conditions of the Photographer are the only ones applicable.
(e) Other Terms & Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
(f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
(g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
(h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
The copyright of the Photographs commissioned by the Client is owned by the Client, with accordance to the South African Copyright Law Act.
The entire copyright in the Photographs commissioned by the Photographer is retained by the Photographer at all times throughout the world.
OWNERSHIP OF MATERIALS
Title to all Photographs and Videos remain the property of the Photographer.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs or Videos 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 Client is put into receivership or liquidation. Unless otherwise agreed in writing, all Licences in respect of the Photographs will be subject to these Terms & Conditions.
The Photographer retains the right in all cases to use the Photographs or Videos in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work.
The Photographer shall only be responsible for obtaining clearances for third party copyright works, Trade Marks, designs or other intellectual property if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
PAYMENT & RATES
Billing hourly rate starts upon arrival and ends upon departure. Minimum hours billed on hours quoted. A part of an hour will be billed as a full hour. The client will be held liable for an additional shooting fee, if the photographer stays longer than quoted amount of time. A 50% deposit is required upon acceptance of the quotation. Booking is only confirmed once deposit has been received. Invoice will be issued once quote has been accepted. Deposit payable within 10 business days from quote date.
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by The National Credit Act, Incidental Credit Agreement, from the date payment was due until the date payment is made.
Goods will not be released prior to receiving full payment.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client or the Advertiser, or otherwise at their request, the Client 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 overleaf as having been agreed or estimated. A quotation is deemed an estimate of how long the shoot will take. The photographer will not be held to the quotation if the shoot takes longer than estimated. If the time quoted is not enough the Client will be informed as the shoot progresses and has to decide whether to continue and pay extra expenses or stop and forfeit the photos not taken yet.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
A 50% cancellation fee will be charged if client cancels more than seven business days prior to shoot. A 100% cancellation fee will be charged if shoot is cancelled less than seven business days prior to shoot.
STORAGE OF PHOTOGRAPHS
Upon receipt of Photographs, the Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the Client to make sure that digital files are copied to new media as required. Material will only be kept for 12 months after delivery. All material will be deleted after 12 months.
RIGHT TO A CREDIT
As the commissioner of the photos, the client will be the holder of the full copyright of all material in accordance with South African copyright laws; however the Photographer asserts the right to be credited as the author of the Photos. In the event of images or footage that was commissioned by the Photographer, the copyright will lie with the photographer. Any unauthorised reproduction or use of any photos or video footage that was commissioned by the Photographer will constitute a breach of copyright.
Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
EDITING OF PHOTOS
Photo editing includes colour correction, cropping, file size change and whitening background. Deep etching, glamour editing and blemish removal of defected/dirty products excluded, unless quoted for or agreed upon in writing.
VIDEO EDITING & FOOTAGE
Video editing includes adding basic titles to speaker names. No sound clips or voiceovers, graphics or animation included unless quoted for.
PHOTO & VIDEO STYLING
The Client is responsible for providing a safe, spacious and clean area for the photographer to work in when shooting on location. The Client is responsible for providing products that are clean, free from blemishes / defects for product photographs. The Client is responsible for cooking, plating and styling food for food photographs unless otherwise agreed to in writing.
The Client is responsible for providing a neat area for video shoots. The Client is responsible for obtaining permission to use their desired premises for video footage. The Client is responsible for obtaining model Release Forms from persons used in video and photo footage unless otherwise agreed upon in writing.
This agreement shall be governed by the laws of South Africa.
These Terms & Conditions shall not be varied except by agreement in writing.