Forever Family Portrait Photography Terms & Conditions
1. Definitions
Hence forth the following definition of words will apply:
“Photographer” refers to the person or organisation requested to take and supply the photographs. In this instance the organisation is Beyond The Thought (Pty) Ltd which also owns all copy right on all Photographs produced by the employees and subcontractors of Beyond The Thought (Pty) Ltd whilst the organisations employ.
(a)“Photographs” refers to all photographic material, in film, print or electronic formats supplied by the photographer.
(b)“Client” refers to the person or organisation, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs.
(c)”the company” or “company” = “Beyond The Thought (Pty) Ltd” and all parties indemnified by us.
2. Usage Rights and Licensing
An Exclusive License is granted to the Client for personal usage only. This Exclusive License is conditioned upon acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by the Photographer within the payment period agreed. All rights not expressly granted to the Client remain the exclusive property of the Company. The Client may not transfer or assign this Exclusive License without the express written consent of the Company.
3. First Copyright Ownership
The client recognizes that the Company is the author of the Photographs and the owner of the copyright subsisting in them, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended.
(a) In accordance with section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall NOT apply to the photograph(s) to be made in terms hereof and the Company will be the author of the work(s) and the copyright subsisting therein.
(b) Beyond The Thought (Pty) Ltd supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client whether on its submission, or on Beyond The Thought‘s grant of reproduction rights in respect thereof.
(c) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
4. Payment
A 50% NON REFUNDABLE deposit is required to confirm any booking for Forever Family. Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the deposit. Balance of payment - payable four (4) days before the family portrait shoot date. No shoot will take place until the final balance is paid in full.
5. Additional Charges
Where additional expenses are incurred by the Company due to a time overlap or by circumstances beyond the Company’s control, the Client agrees to pay such reasonable expenses and/or fees at the Company’s normal rates.
6. Cancellations and Rescheduling
Your deposit is non-refundable, cancellation and re-scheduling can take place at no fee if it’s done prior to balance of payment date and up to two (2) days after the balance of payment date. The client is responsible for all expenses incurred up to the time of cancellation, and 50% of the Company’s fee. If cancellation is given less than two (2) business days before the shoot, the client will be charged 100% fee. If rescheduling is given less than two (2) business days before the shoot, the client will be charged 50% fee, but this will be waived if the shoot is rescheduled, unless otherwise agreed.
The client will be charged 100% fee if rescheduling is due to weather conditions on location or 50% if rescheduling due to weather conditions is before departure.
7. Credit Line
For editorial use, Client agrees to provide a credit line in the form of “© Beyond The Thought (Pty) Ltd ” in type no smaller than the nearest text and immediately adjacent to the picture used, unless agreed in writing prior to the shoot taking place
8. Exclusivity
The Company retains the right to use the Photographs in any manner, at any time and in any part of the world for self-promotional purposes. During the period of the Usage License granted in the Usage clause, the Client is authorised to publish the Photographs to the exclusion of all other persons other than the Photographer’s right to self-promotion as noted above.
9. Rejection
The Client has no right to reject work on the basis of style or composition.
10. Dispute Resolution
In the event of any irresolvable dispute in the interpretation of the terms of this contract, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the Company's option.
11. Indemnity
The Client agrees to indemnify and save harmless the Company against all liabilities, claims and legal costs arising out of the Client's use of the Photographs.
12. Variation
No variation of the terms of this contract shall be recognised unless agreed in writing.
13. Applicable Law
This agreement shall be governed by the laws of the Republic of South Africa.