Portrait Terms and Conditions

Service Terms and Conditions for Abigail K Photography

DEFINITIONS

Hence forth the following definition of words will apply:

“Photographer” refers to the person or organization requested to take and supply the photographs. In this instance the Photographer is Abigail Klopper who also owns all copy right on all Photographs produced by the employees and subcontractors of Abigail K Photography whilst in her 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 organization, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs.

(c)”the company” or “company” = “Abigail K Photography” and all parties indemnified by us.

basically,

establishing who I am, who you are, what products and services I sell

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 Photographer. The Client may not transfer or assign this Exclusive License without the express written consent of the Photographer.

basically,

this explains how the images I create for you may or may not be used.

 

FIRST COPYRIGHT OWNERSHIP

The client recognizes that the Photographer 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 photographer will be the author of the work(s) and the copyright subsisting therein.

(b) Abigail Klopper 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 Abigail Klopper ‘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.

basically,

certain copyright rules of South Africa are not applied to any contract between us, I own the copyright of the photographs and you’re purchasing a licence to use the images for personal enjoyment.

 

PAYMENT

In most cases a standard first payment of 50 percent of the fee, including fees payable for any technicians essential to the shoot are payable before the assignment.

Full payment must be received by the Photographer within 10 days of submission gallery to the client for the picking of final photographs. Final photographs will not be released before full payment has been made unless agreed before the shoot has commenced. If payment is not received by the due date, any use of the Photographs may, at the Photographer’s discretion, be considered unauthorised and the Exclusive License withdrawn and become subject to renegotiation. The Client agrees to pay interest at 2.5% above the prime rate per month or part thereof on overdue payments. All Photographs commissioned for personal use which will not be used in a publication must be paid for in full before usable copies of the photographs would be released to the client.

basically, all expenses must be paid before the shoot and photos will not  be released until the full payment has been made

 

ADDITIONAL EXPENSES

Where additional expenses are incurred by the photographer due to changes in the original brief by the Client or by circumstances beyond the Photographer’s control, the Client agrees to pay such reasonable expenses and/or fees at the Photographer’s normal rates.

basically, additional expenses need to be paid for

 

THE BRIEF

It is the client’s responsibility to give the photographer a full written brief. Where specific details are missing in the brief, the client undertakes to accept the photographer’s interpretation.

basically, If I don’t have a good brief, my interpretation is final.

 

THE ASSIGNMENT

The client is responsible for approving style and content when the assignment is being executed, either themselves, or by having a representative present at all times. Where no representative is present, or where the client does not communicate required adjustments at the time of the assignment, the client shall accept all decisions made by the photographer in relation to execution of the brief.

basically, its a good idea to speak up at the time of the shoot or to have someone on the shoot who will speak up, to approve.

 

DAILY RATES

It is always best to identify the extent of usage for the images before entering the agreement because this greatly affects price. Usages not requested at the time of the shoot can be renegotiated at a later stage.

basically, communicate the needs for the photos, so that there are no pricing and usage misunderstandings.

 

POSTPONEMENT AND CANCELLATION FEES

The client is responsible for all expenses incurred up to the time of cancellation, plus 50% of the Photographer’s fee. If cancellation is given less than two (2) business days before the shoot, the client will be charged 100% fee. If postponement 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 re commissioned, unless otherwise agreed.

The client will be charged 100% fee if postponement is due to weather conditions on location or 50% if postponement due to weather conditions is before departure. The client is responsible for taking out weather insurance.

basically, cancellations are expensive, postponements can be, check the weather and make plans to advise if dates need to change, or costs may be incurred

 

CREDIT LINE

For editorial use, Client agrees to provide a credit line in the form of “© Abigail K Photography ” 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

basically, credits are required for the supplied photographs, unless agreed before in writing

 

EXCLUSIVITY

The Photographer 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. After the expiry of the Usage license, The Photographer shall be entitled to use the Photographs for any purpose including selling the photographs at her discretion unless requested not to in writing

basically, I can use the photographs for marketing my services unless we agree before the shoot has commenced

 

REJECTION

The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance.

basically, you commissioned me based on my work, so you can’t go and reject it

 

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 photographers option.

basically, if there is a dispute, we talk it over with mediation

 

KILL FEES:

If the client decides to kill the work after the brief has been met and work has been delivered by the deadline date, full payment must be made.

If the Photographs are not publishable, in the case of editorial work, through no fault of the Photographer, the Client agrees to pay 100% of the Photographers account.

basically, you asked me to do the shoot, what you do or don’t do with the photos is up to you

 

INDEMNITY

The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Client’s use of the Photographs. The client indemnifies the photographer against any claims brought against the photographer by any third party during the shoot.

The Photographer will not be held liable or responsible for any loss or damage suffered by THE CLIENT or any third party as a consequence of any defect, hazard or failure in the contracted services and/or photographs which is caused by the negligence  of THE CLIENT or any third party, and/or due to the misuse and abuse of the photograph CD, digital negatives or photographs, and/or failure to comply with the instructions provided by ABIGAIL K, and/or the alteration of the photograph CD, digital negatives and/or photographs contrary to the instructions.

basically, I’m not liable for any costs or issues arising from your use of the photos

LIMITED LIABILITY

Save for instances where ABIGAIL K’s services and photograph CD and/or photographs and/or albums are found to be defective ABIGAIL K will not be held liable or responsible for any loss, damage, injury or death sustained by THE CLIENT or any third party whatsoever and even in circumstances where such loss, damage, injury or death arose out of the negligence of ABIGAIL K and/or its officials, employees, agents and assigns.

Under no circumstances will ABIGAIL K be liable for any indirect or consequential damages, or special damages arising out of or relating to its performance or failure to perform under this agreement.

Should ABIGAIL K be unavailable on the day of the scheduled shoot due to a medical, natural or other emergency ABIGAIL K will make every effort to secure a replacement photographer able and willing to provide a similar service as agreed to in this Agreement otherwise an alternative agreeable date will be secured at both party’s earliest convenience.

 

DEFAULT:

In the event of non-payment or other breach of this agreement by the client, the Client shall pay all of the Photographers costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fees.

basically, if you don’t pay, you agree to cover all the legal costs

 

VARIATION:

No variation of the terms of this contract shall be recognised unless agreed in writing.

basically, this is the contract unless we agree to change it

 

APPLICABLE LAW:

This agreement shall be governed by the laws of the Republic of South Africa, with the exception listed in FIRST COPYRIGHT OWNERSHIP above

basically, we are bound by South African law, with the explanations from above as the exception

 

OWNERSHIP of the website:

Site copyright © 2014 Abigail K Photography owned by Abigail Klopper . All rights reserved. The information and materials contained in this site, including text, photographs, graphics, links or other items, are provided on an “as is” and “as available” basis.

basically, copyright on everything you see on www.abigailk.co.za belongs to me.

 

I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND I EXPRESSLY AGREE TO THE ABOVE. 

 

THE SIGNATORY TO THIS AGREEMENT WARRANTS THAT HE/SHE IS DULY AUTHORISED AND UNDERTAKES PERSONAL LIABILITY IN THE EVENT OF LACK OF AUTHORITY.

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