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 portrait 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 portrait session. The client understands and agrees that the entire amount owed for the portrait 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 portrait session, with a loss of reservation deposit by the client and no liability to the photographer.
On instances where the client arrives late or fails to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the portrait session without the refunding of any fees paid by the client to the photographer. The rescheduling of such portrait sessions will be subject to the photographer’s standard fees.
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 portrait session, or on the outstanding balance due date in the portrait session summary and/or invoice, if specified.
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 portrait 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 portrait 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 portrait session, in the form of an online photo gallery, or other medium, assuming the outstanding balance has been paid in full.
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 portrait 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.
All image sizes are determined by the photographer. Images cannot be altered in any way without express permission of the photographer. The photographer's will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres.
All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. the photographer's judgement regarding these corrections and the number of images put forward to the client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the client as an option at extra cost.
Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
Special requests are not binding instructions, although every effort is made to comply with the client's wishes. The photographer will do the best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather, the availability and willingness of subjects.
For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a portrait sessions of photographs.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
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 portrait 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 portrait 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 portrait 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.