Why You Should Book a Sports Photo Shoot with Me in Cape Town
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In the following terms & conditions “the photographer” shall mean Marko Haas. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed upon by the photographer in writing. All terms and conditions have been verified and validated by a lawyer that is employed by Photography To Remember as part of their legal team.
The following Terms and Conditions are effective from the initial payment received:
1. COPYRIGHT
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
2. DISPLAY
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event/session will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
ii. Special requests are not binding instructions, although every effort is made to comply with the client’s wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. For a booking involving certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the action may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
4. PAYMENT
i. A non-refundable booking fee, which is 50% of the package selected, will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due one week before the photo shoot booked date / Due Date.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) and raw files remain the property of the photographer and will not be given to any client under any circumstances.
ii. Should the digital negative files be lost, damaged or destroyed for the reasons beyond control, the photographer’s liability shall be limited to refund on the final balance owing.
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage clients, family, friends and other guests to take photographs throughout the day.
ii. In the event of confusion or miscommunication from either party ( that being from Photographer or Client ) and the session be missed. Another session is too be scheduled and or 50% of shoot fee refunded. As 50% booking fee is kept with the photographer ( see section 4 i )
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation or if the booking fee has been paid, it will be refunded if 2 days notice is given. Any later and there the booking fee becomes nonrefundable.
ii. Cancellation with less than two days to go until the shooting date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
10. DELIVERY
i. The photographer will endeavor to deliver digital files as quickly as possible. However, this could take up to 2– 3 weeks during busy periods.
11. DIGITAL PRESETS RETURN POLICY
Due to the nature of digital products, we cannot issue a return or refund once the files have been downloaded. However, we will consider granting refunds under certain circumstances (e.g. duplicate order, the wrong preset is sent), and will grant refunds at our reasonable discretion.
I stand behind my products ! My presets are individually made, and represent years of accumulated professional experience and editing expertise. I truly want you to be satisfied with the way your photos look. If the outcome is not what you expected, please reach out to me and I will work together to find a solution so you can achieve the best possible results.
My team is incredibly responsive and take pride in taking care of our customers. Please feel free to get in touch with me with any questions or concerns and I'll be happy to help.