This agreement is between Reinette van Dyk, hereafter referred to as the “Photographer/Makeup Artist”, operating in Middelburg, Mpumalanga, and the individual or parties booking Reinette van Dyk’s’s services, hereafter referred to as the “Clients”, collectively referred to as the “Parties”.
1. USER AGREEMENT: By booking with Photographer/Makeup Artist, Client is agreeing to the terms and conditions and acknowledges that it is Client’s responsibility to read and understand the terms and conditions as laid out here.
2. COMPLIMENTARY VOUCHERS: Complimentary vouchers issued to Client by Photographer/Makeup Artist are done so exclusively at Photographer/Makeup Artist’s discretion. They are non-transferable and not exchangeable for cash, prints or any other form of session other than the type indicated on the voucher. Concepts for complimentary voucher sessions are also at Photographer/Makeup Artist’s discretion.
3. BOOKING & PAYMENT: Photographer/Makeup Artist reserves the right to decline Client for a booking if the desired work does not fall within Photographer/Makeup Artist’s fields of speciality in Photographer/Makeup Artist’s style of work only.
Client is required to pay 50% of the invoice total as a non-refundable booking fee and fill in the form below to secure their booking. The invoice balance is to be paid within three days of the session date via electronic funds transfer. No work or services will be released/provided to Client without their invoice/s being settled in full.
Photographer/Makeup Artist reserves the right to charge double rate shooting fees for bookings made for Sundays.
4. CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer/Makeup Artist is foregoing other photographic/makeup jobs. In the event of a cancellation of the session, Photographer/Makeup Artist will not refund Client’s booking fee as per point 3; exceptions to this clause being in the event of the death of Client or Photographer/Makeup Artist.
Photographer/Makeup Artist understands that Client may need to postpone/reschedule their booking to a different date due to events out of Client’s control. Client understands that Photographer/Makeup Artist will accommodate up to two postponements of Client’s booking; a third postponement will result in a cancellation of Client’s booking and Client will not be refunded their 50% booking fee.
5. TRAVELING: Traveling fees for within Middelburg, Mpumalanga are inclusive of package or quoted fees. Travel outside of Middelburg is charged at standard AA rates of R4.50/km, exclusive of toll fees which are charged at an additional rate.
6. MAKEUP: Unless otherwise indicated in package details, makeup is not included in package fees and can be booked for an additional fee. It is Client’s responsibility to inform Photographer/Makeup Artist of any conditions that may contraindicate the application of makeup on Client.
7. CO-OPERATION/NO SHOWS/SPECTATORS: Photographer/Makeup Artist is not responsible if Client and/or key individuals fail to appear or co-operate during photo shoots, or for missed or compromised images due to details not revealed to Photographer/Makeup Artist. The session can be rescheduled at the original fees and no refunds will be given. Client also agrees that their session not be attended by anyone other than the individuals appearing in the photos or parental guardian in the event of minors being photographed, and parental guardians will not compete with Photographer for Client’s or subject’s attention during session time. Client also accepts full responsibility for minors and pets in their care in attendance of sessions; this extends to said minor’s or pet’s behaviour/co-operation and/or any damages incurred to Photographer’s/Makeup Artist property by said minors or pets.
8. BOOKED TIME: Client understands that Photographer/Makeup Artist works on a set schedule. While Photographer/Makeup Artist will accommodate Client to the best of their ability if Client is late for their scheduled booking, Client understands they will be forfeiting a portion of their booked time.
9. WEATHER: If it is not possible for an outdoor session to take place on a scheduled day due to weather, Photographer/Makeup Artist and Client will reschedule on an agreed date as soon as possible with no additional charge.
10. INJURY: Client shall not hold Photographer/Makeup Artist responsible for any injury or harm that may come to Client/s during a photo shoot and/or makeup application.
11. RESHOOTS: In the unlikely event that the finished product from a session is unusable due to technical problems (camera failure or exposure problems) only, Photographer will reshoot at no additional charge. Photographer/Makeup Artist will not reshoot nor refund if Client is unsatisfied with outcomes that are beyond Photographer’s/Makeup Artist control; ie. body weight, positioning or pose, non-co-operation of individuals, wardrobe choice, etc
12. POST SESSION: Client agrees that initial image selection will be at Photographer/Makeup Artist’s discretion and Client will have the option to select the image quantity as per their invoice package. Client’s selection gallery will be available for selection for 7 days only. If Client has not selected their image after 7 days and still wishes to do so, a reactivation fee of R150 will be payable to Photographer/Makeup Artist by Client. Client can purchase additional high resolution, edited files at an additional fee. All selections made by client are final and can not be altered after delivery of completed images.
13. RETOUCHING, EDITS AND DIGITAL FILES: Standard portrait retouching includes: blemish removal and general editing to contrast, levels, saturation, exposure etc. for a stylised effect; with the exception of high end retouching for speciality sessions. For standard portraiture, high end retouching is available at an additional fee.
14. ORIGINAL FILES: All digital image files captured by Photographer/Makeup Artist are in RAW format to ensure high image quality. No original files in either jpeg, RAW or physical negative format will be given to Client under any circumstances. Photographer/Makeup Artist retains the right to delete all copies of original and edited files within three months of the session date.
15. DELIVERY: Client understands that while Photographer/Makeup Artist makes every effort to delivery their images within 10-14 days, with the current possibility of load shedding image delivery may take up to 3-4 weeks from the time of their selection being submitted to Photographer/Makeup Artist. Photographer/Makeup Artist shall not be held liable for Client’s failure to download images within the 3 months their gallery is hosted online.
16. COPYRIGHT: Client agrees that all session concepts and images captured are copyrighted to and remain the property of Photographer/Makeup Artist. No copies of images may be sold for profit in either printed or digital format by either Client or Photographer/Makeup Artist. Client is granted a print release permitting Client to print copies of their allocated images for personal use.
17. CLIENT’S USAGE: Client is obtaining digital and/or print images for personal use only, and shall not sell said images. Client agrees to not edit/alter/watermark their digital images or permit a third party to do so by way of any photo editing software or app; only Photographer/Makeup Artist may make alterations to any images; such actions are in violation of the copyright which is owned by Photographer/Makeup Artist; Client may be held liable if found in violation of copyright law.
18. MODEL RELEASE: Client grants to Photographer/Makeup Artist and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes (except pornographic, defamatory, libelous or otherwise unlawful), and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer/Makeup Artist and her legal representatives and assigns from all claims and liability relating to said photographs.
19. EXHIBITION: Client grants Photographer/Makeup Artist permission to display selected images resulting from their photo shoot/makeup application as an example of Photographer/Makeup Artist’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
20. LIMIT OF LIABILITY: Photographer/Makeup Artist 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 Photographer/Makeup Artist’s control prior to Photographer/Makeup Artist’s delivery of images to Client, Photographer/Makeup Artist’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.
In the unlikely event that Photographer/Makeup Artist is injured or becomes too ill to attend the photo shoot/session, Photographer/Makeup Artist will make every effort to reschedule to the earliest possible date. If the situation should occur, responsibility and liability is limited to the return of all payments received.
21. PRINT LIFE: Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
22. NON-DISPARAGEMENT CLAUSE: Client agrees that they will not disparage Photographer/Makeup Artist without due and substantiated reason on any online platform. Any complaints are to be sent to Photographer by Client within two weeks of delivery of completed images.