Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of The Charles Gallery website or services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions.
In the following terms & conditions “the photographer" shall mean Charles Dludlu trading as The Charles Gallery | Photography. “the client(s)" shall be any person, body of persons, firm, business or company with whom the photographer enters into a contract for the provision of services by the photographer.
This agreement contains the entire understanding between the photographer and the client. It supersedes all prior and simultaneous agreements between the parties. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing and signed and/or submitted online by both parties.
Upon your signature and/or online submission, the photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the reservation deposit is non-refundable, even if the date is changed or if the event session is cancelled for any reason, including acts of God, fire, strike, and extreme weather. The reservation deposit is to be paid at time of signing the contract or online submission.
The reservation deposit is applied towards the contracted event session. The client understands and agrees that the entire amount owed for the event session described in the contract and/or invoice is due on the day of the photoshoot, or, on the outstanding balance due date (if specified). The client agrees if the balance is not paid by this time, the photographer will not proceed with the event session, with a loss of reservation deposit by the client and no liability to the photographer.
The parties agree to a pre-event consultation before the event session in order to finalise the actual shooting times, locations, and client’s request list (in writing) for specific photographs. The client will be responsible for, or have someone designated, to identify people of whom specific photographs are desired.
The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for group photographs.
The client agrees that the reservation deposit is required at the time of signing the contract and/or online booking and the outstanding balance is due on the day of the event session, or on the outstanding balance due date in the event session summary and/or invoice, if specified.
There is a R250 charge for payments returned by the bank for any reason. There will be a R250 late payment fee for any payments that are not postmarked or delivered to the photographer by the required date.
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the client in a manner enjoyed by all parties. The client and the photographer agree that cheerful co-operation and punctuality by all members of the event session are therefore essential to that purpose.
Shooting commences at the scheduled start time agreed by both parties. Should additional photography and/or travel time, that is not included in the agreed package, be requested by the client, it will be charged out at the rates specified in The Charles Gallery | Pricing page, rounded to the nearest half hour.
The client agrees that no part of the event session, including previews (if any) will be delivered until the outstanding balance is paid in full. Digital processing takes approximately one (1) week or 7 days and prints/reproductions/enlargements one-two (1-2) weeks, and possibly longer when print-processing and bindery schedules are heavy. A digital proof album will be given to the Client no more than fourteen (14) days after the event session, in the form of an online photo gallery, or other medium, assuming the outstanding balance has been paid in full.
The photographer is limited by the guidelines of event officials and/or event location site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the client’s responsibility; the photographer will offer technical recommendations only.
If the photographer is the sole professional photographer at the event (as specified in the event details when booking online on the website), it is understood that the photographer will be the only one allowed to photograph the event. In which case, amateur photographers may take photos during the event if they do not interfere with the contracted photographer and are not shooting the photographer’s same posed shots. If a problem arises with any guest or attendee(s) the on-site event contact will be advised to handle the situation politely for the photographer by enforcing the conditions of this agreement.
The client is responsible for the conduct of the guests. Co-ordination with other service providers may be necessary to complete all the photography as scheduled. The client should share the photography schedule with other service providers to make sure that there are no conflicts with times. In addition, events during the event session should be planned to make the best use of time for all vendors.
The photographer will not tolerate verbally or physically abusive behaviour, nor will the photographer share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the client is unable to control the conduct of the guests photographer(s) or if the conduct of any of the event guests damages any of the equipment of the photographer, it will result in the early or immediate departure of the photographer. The client understands that in such an event, no refund will be given.
The photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned cheques, or late payments are examples of contributing factors. Should the photographer initiate the withdrawal, all fees and deposits will be returned, excepting fair market value for all services/products already provided.
In case of withdrawal, R750.00 an hour is billed for all photography services already provided, and R550.00 an hour is billed for all other services, consultations, and all travel time, rounded up to the nearest half-hour. If the photographer withdraws, the client will not be billed for any services in excess of their deposits (except if deposit was in form of returned cheques).
The photographs, digital negatives or prints produced by the photographer are protected by National Copyright Law (All Rights Reserved) and the photographer retains the copyright to all photos and images produced.
The client may receive a copy of the Hi-Res digital photographs on USB if it has been agreed upon as part of the event session. If so, the client may reproduce any photos in any manner they like for internal and external purposes. The client agrees to obtain written permission from the photographer prior to the client (or its assigned agents) publishing or selling the photographs for profit.
The client hereby grants to the photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the event session, for editorial, trade, advertising, stock, commercial and any other purpose of marketing, advertising and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases the photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer. The photographer will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event session.
The photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond the photographer’s control, the photographer’s liability is limited to the return of all payments received for the event session package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Although every possible care will be taken to produce photographs of all important and special moments during the event session, the photographer cannot place an unconditional guarantee on the above. The photographer will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the photographer’s control.
The performance of this contract on behalf of the photographer shall be contingent upon acts of God, flood, fire, warfare, national disaster, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This contract has been freely negotiated and shall be recognised as the entirety of the agreement, and only those changes or modifications specifically placed in writing, attached, signed and dated by the client and the photographer at the time of this signing shall be recognised as amendments to this contract.
If a USB of the digital photos is not part of the agreed event session package, reprints (or additional prints) of photos and other products may be ordered by the client, through the photographer, or online photo gallery, if included in the event session package, at listed prices.
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