TERMS AND CONDITIONS
Laura Jean Photography
Comprehensive Terms and Conditions
8 January 2019
1.1 Laura Jean Harris t/a Laura Jean Photography (“LJP”) is a sole proprietorship business that provides professional wedding and lifestyle photography services.
1.2 For the sake of clarity, Laura Jean Harris previously traded under the name and style of Maddison Photography.
1.3 These terms and conditions apply to all clients who enjoy a business relationship with LJP, including any and all contracts entered into with Maddison Photography.
1.4 All clients who have signed the abbreviated terms and conditions will be deemed to have read the terms and conditions set out below.
2.1 LJP operates on a first come, first serve basis and reserves its right to contract with the first client who confirms a booking in accordance with these terms and conditions.
2.2 A booking must be confirmed by doing the following:
2.2.1 Completion and submission of the booking form;
2.2.2 Signature of the abbreviated terms and conditions, and;
2.2.3 Payment of a 50% deposit.
2.3 Failure to book a shoot with LJP in the prescribed manner may result in a shoot being booked with another client.
3. Deposit and Cancellations
3.1 A booking deposit will be specified by LJP in order to secure a shoot on a particular day.
3.2 The purpose of the booking deposit is to secure a booking and to safeguard LJP from suffering financial loss in the event of a cancellation.
3.3 A deposit will only be deemed to have been paid once reflecting on the statement of LJP’s nominated banking account.
3.4 Section 17 of the Consumer Protection Act 68 of 2008 (“the Act”) applies to all bookings, and has the following implications for clients:
3.4.1 Clients have the right to cancel a booking;
3.4.2 LJP likewise has the right to charge a reasonable cancellation fee, subject to the provisions of section 17 (4) of the Act.
3.5 In the event of a client cancelling less than 6 months in advance to the date, LJP reserves its right to charge a reasonable cancellation fee equivalent to the booking deposit.
3.6 In this regard, it should be recorded and understood by the client that wedding photographers are, in almost most cases, booked 6 to 12 months in advance. Cancellations invariably result in LJP being without work on that particular day, causing financial loss.
3.7 LJP reserves its right to use its discretion to determine a reasonable cancellation fee, based on the criteria set out at section 17 (4) of the Act.
3.8 If, for whatever reason, LJP cancels a wedding booking, LJP agrees and undertakes provide a full refund and to source another photographer.
4.1 All payments are immediately due and payable on presentation of invoice, unless agreed otherwise.
4.2 In the event that a payment plan is negotiated and agreed upon with LJP, payment of the balance shall be due and payable by no later than 1 (one) week before a shoot.
4.3 In the event that payment is not made on or before due date, LJP reserves its right to either not arrive at the shoot, or alternatively, to carry out the shoot but withhold final edits until such time as payment is made in full.
4.4 All payments are to be made into LJP’s nominated bank account.
4.5 Payment is acceptable via EFT or PayPal. LJP will not accept payment in cash.
4.6 Payment may not be withheld for any reason whatsoever.
4.7 In the event that payment is withheld, LJP reserves its right to either cancel the agreement and claim damages or enforce the agreement and claim specific performance. In the event that legal action is instituted, LJP furthermore reserves its rights to claim attorney and own client costs, including collection commission.
5.1 By booking with LJP, you agree and acknowledge that you have viewed our portfolio of work and booked LJP based on our style of photography. You furthermore agree and acknowledge that all photographs will be adjusted according to LJP’s artistic expression and interpretations.
5.2 LJP will make the selection of photographs which will be processed with professional editing software.
5.3 Clients will receive electronic album of the final edits.
5.4 Clients will not be entitled to further photographs, other than those included in the electronic album.
5.5 On request, LJP may in it’s discretion agree to make further adjustments to final edits, at an additional cost of R 150.00 per image on Adobe Lightroom, and a cost of R 200.00 per image on Adobe Photoshop.
5.6 Printed photo albums and hard copies are available on request, at an additional cost, once the final edits have been delivered. Clients will be required to make their own selection of the final edits.
5.7 RAW files will never been released to clients under any circumstances.
5.8 All RAW files will be kept for a period of 6 (six) months, and will thereafter be deleted.
6. Use of Photographs
6.1 LJP are the owners of all photographs.
6.2 Modern photographers rely almost exclusively on social media and internet publication to market their businesses, and LJP is no different. Therefore, all clients agree to give LJP express permission to publish all photographs on their social media profiles and website and in this regard, waive any and all rights to privacy.
6.3 Clients are at liberty to publish all LJP photographs on their social media profiles, provided that LJP are credited as the photographers.
6.4 Clients may not, under any circumstances, edit or digitally later LJP’s final edits. It is specifically recorded that this is defamatory.
6.5 The sale of LJP’s photographs is expressly prohibited, unless otherwise agreed between the parties in writing.
7. Whole Agreement
7.1 These terms and conditions, together with any abbreviated terms and conditions signed by clients, shall constitute the whole agreement between the parties.
7.2 No variation, save for what is contained herein or specified in the abbreviated terms and conditions, or what may be specified on official invoices, shall be binding, unless reduced to writing and signed by both parties.