PHOTOGRAPHY Service Agreement Terms & Conditions

BETWEEN

CRESSA ARTS & PHOTOGRAHY

(The "Photographer")

AND

THE CLIENT PER THE DESCRIPTION BELOW

(The "Client")

1.

THIS AGREEMENT is effective as of receipt of payment of the non-refundable booking fee. The following terms & conditions “the photographer” shall mean Casandra and Francois Kruger trading as Cressa Arts & Photography, hereafter referred to as the "Photographer". “The clients” shall be those persons as defined on the quotation/pro-forma invoice, hereafter referred to as the "Client".

2.

These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.

3.

All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.



4.

Entire Agreement. These Terms and Conditions contain the entire understanding between the photographer and the client. It supersedes any and all prior contracts / agreements entered into between the parties. The only way to add or change any contents of the terms and conditions, is to do so in writing, signed by all the parties. If the parties want to waive one provision of this terms and conditions, it does not mean that any other provision is also waived.

ENGAGEMENT OF PHOTOGRAPHER

5.

Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services described as per the invoice.

6.

As part of the Services, the Photographer will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.

7.

Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services, unless otherwise agreed to by the parties in writing.



8.

Bookings. Bookings are made on a strictly first come first served basis. Dates will ONLY be secured upon receipt of the non-refundable booking fee. The booking fee will be at the discretion of the Photographer at the time of contract signing.

FEES AND PAYMENT

9.

Fees. Client will pay Photographer the fees set out herein in this Section 7 (“Fees”), including any applicable federal or state/provincial sales or value-added taxes due on such Fees.

Total Fee for Services: Per the invoice

Additional half hour Pricing (including late arrivals): £45 for normal sessions and £80 for Weddings

Non-refundable booking fee due upon signing/acceptance of service/invoice to secure shoot date per the relevant booking fee noted on the site. 

Remaining amount per the invoice is due one week before the shoot.

Travel fee: Within Guernsey, no travel fee. If venue for shoot is outside of Guernsey, a fee of £5 per km will be added to final payment;

Accommodation: If off the island of Guernsey, a contributor fee of £130 towards accommodation will be levied;

Added expenses: determined per client service requests

Limited Edition Photoshoots require upfront payment and non-refundable booking fee still applies. 

10.

Booking Fee. Client acknowledges and agrees that the booking fee amount set out above is due upon the signing of this Agreement/acceptance of this service/invoice and is not refundable (“Booking Fee”), so as to fairly compensate Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the booking fee will be credited towards the total Fees payable by Client. Wedding packages have a different booking fee and will be stipulated on the Wedding brochure accordingly.

11.

Invoice. Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding on or prior to the due dates set out in Section 7. Any payment after the due date will incur a late fee of £30 per month on top of the outstanding balance. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations provided in the Invoice, should they be different from the total listed in Section 7, will be the final amount payable.

12.

Image Release. No images will be released by the Photographer to the Client until the final balance is paid in full.

13.

Overruns. The Photographer may make additional half hour charges of £45, should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief, etc.). If the work cannot be completed within the agreed amount of time, the photographer and the Client agree to amend the contract either verbally or in writing, to provide for the additional time as required to complete the work.

14.

Shooting time. The Client understands that the Photographer works on a set schedule. If Client is late for their scheduled photo shoot, the Client understands they will be forfeiting a portion of their booked time. If Client is late by 50% or more of their booked time, Client understands that their booking will be forfeit and no refunds will be paid by the Photographer to the Client.

15.

Re-schedule Fee. The Client understand that should the Photographer accept any very late notice cancellations due to very reasonable circumstances of the Client, the shoot may be considered to be reschedule however, in the event of a venue being paid for the shoot as the venue fee amongst other possible costs not be refundable, the Client is liable to the costs of such re-schedule.

CLIENT RESPONSIBILITIES

16.

Required Consents. Client consents, as applicable, to the performance of the Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees or participants of the photo shoot.

17.

Expenses. Client will provide the means of travel or be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not on the island of Guernsey. Client will be responsible for any other expenses incurred by Photographer that are necessary for the performance of the Services as more particularly set out in paragraph 7.

18.

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the client, or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at the Photographer normal rate to the Photographer in addition to the expenses shown as having been agreed or estimated.

19.

Weddings. A meal is required for the Photographer and second shooter if booked for 6 hours and more.

20.

Behavior. The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if the Photographer deems the Client’s behaviour or anyone related to the Client in any manner to be unruly or unsafe. In such instances, the Photographer reserves the right to charge the full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment. The Photographer will not tolerate any verbal or physical abusive behaviour, nor will the photographer share their time, or compete for the attention of their client and or subjects.

21.

Co-operation/No Shows. The client and photographer agrees to co-operate with one another and communicate for best possible results. The Photographer will not be responsible for failure to be present and or no co-operation of key individuals at the photoshoot

22.

Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

23.

Digital Files. Should the digital files be lost, damaged or destroyed after the Photography had delivered the final product/images to the Client, the liability shall remain with the Client and ensure that all images and full gallery have been backed up and stored by the Client. The Photographer will not accept any liability for digital files by the Client after release of the images by the Photographer to the Client.

24.

Model Release. In consideration of any remuneration received of which is acknowledged, The Client hereby gives the Photographer, his/her assigns, licensees, and legal representatives the irrevocable right to use the Client’s name (or any fictional name), picture, portrait, or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and the Client waive any right to inspect or approve the finished product, including : written copy, that may be created in connection therewith. The Client acknowledges that he/she is of full age. This release will relates to all photographs taken of the Client or Client’s subjects. Copyright remains the intellectual property of the Photographer.

25.

Wardrobe. Photographer will not be held responsible for any wardrobe failure.



26.

Brief and Assignment. 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 interpretation. The client is responsible for having a representative present at all times when the assignment is being executed to approve style and content. Where no representative is present, the client shall accept all decisions made by the photographer in relation to execution of the brief.

PHOTOGRAPHER RESPONSIBILITIES

30.

Equipment. Client will not be required to supply any photography equipment to Photographer.

31.

Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.

32.

Photography Staff. Photographer will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services): 

32.1 comply with the reasonable directions of Client from time to time regarding the safety of attendees or participants at the photo shoot and applicable health, safety and security requirements of any locations where the Services are provided;

32.2 ensure that Work Product meets the specifications set out in this agreement in terms of all material respects.

32.3 Photographer will be responsible in every respect for the actions of all Photography Staff.

33.

Digital Files. Should the digital files be lost, damaged or destroyed for the reasons beyond control, the photographer liability shall be limited to a full refund of any fees paid, but shall not include a refund for any goods already received.



34.

Delivery of Products. 1The photographer will endeavour to deliver digital files as quickly as possible. However, this could take up to 3-6 weeks during busy periods. The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, floods, fire, loss or damage in transit, etc.

ARTISTIC RELEASE

35.

Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

36.

Style. Client acknowledges and agrees that:

36.1 Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style

36.2 Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and

36.3 Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

37.

Images taken. 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 client’s requirements.

38.

Special Requests. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer will do their 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 and the availability and willingness of subjects.

39.

In Church shots. For a booking involving a church ceremony or at certain venues or birthing session etc, the photographer movements are sometimes restricted by the official/doctors in charge. The area from which the photographer is able to cover the session may not be the photographer choice and the photographer cannot accept responsibility for any obstructed view should this be the case. It is the responsibility of the Client to ensure that the Photographer has approval to take photographs in the respective Church.

40.

Lighting Conditions. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.

41.

Equipment. 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.

42.

Image edits. Images are edited at the Photographer discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer artistic standards.

43.

Image edits by Client. Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted. Any alteration or modification of the Image(s) will not constitute a work of joint authorship.

44.

Image Rejection. The Client has no right to reject work on the basis of style or composition or dissatisfaction related to any body appearances unless a rejection fee has been agreed to in advance. The remuneration must be paid in full even if the ordered and delivered photographic images are not used.

45.

RAW Files: Images in RAW format will not be given to any client, these files are large in size and require specialised software. Client will receive images in JPEG format only.



46.

Prints: Client is aware that color dyes and inks in print may fade or discolor over time due to inherent qualities of dye and inks. Client releases photographer from any liability for claims whatsoever based upon the fading or discoloration due to inherent qualities.

TERM AND TERMINATION

47.

Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).

48.

Cancellation. Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 30 days for weddings and 14 days for any other shoot, before the original date of the Services (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article is duly provided or unless the parties otherwise agree in writing.

49.

Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Services.

50.

No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client.

51.

Replacement. In the event that Photographer is unable to perform the Services, Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the booking fee and all fees paid by Client, and thereafter shall have no further liability to Client.



52.

Completed Mandate. Work is complete when the Photographer provides the Client with agreed material purchased. This includes a Wetransfer.com link/ access to a web gallery, and/or prints (as per each contract's specifications) containing all of the JPEG images photographed on behalf of the Client. Watermarked Images and/or Proofs may not be copied from the web gallery and/or Wetransfer.com or used in any form, without express written permission.

OWNERSHIP OF WORK PRODUCT BY PHOTOGRAPHER

53.

Ownership of Work. Photographer will own all Copy right, right, title and interest in all Work Product. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Client Materials as provided herein.

54.

Reshoot. In the unlikely event that a client is completely dissatisfied with the final results with valid reason, the Photographer may consider a reshoot session where able, at a 50% discount from the original quotation. In the unlikely event that the finished product from a photoshoot session is unusable due to technical problems (camera failure or exposure problems) or bad weather, the photographer will reshoot at no additional cost. Technical Difficulties: In the case of a power outage or lack of electricity for any reason, the photographer reserves the right to stop shooting and alternatively grant a reshoot on an agreed date, as soon as possible, free of charge. Reshoots must be booked within 6 months from date of unsuccessful original booked date.

LIMITED LICENSE TO CLIENT 

55.

Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable, non-commercial and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

56.

The license to reproduce as per the clause above, such images is granted to the Client under the understanding that all invoices are paid within the Photographer stated payment terms and should one of the images created by the photographer be used for any commercial or financial gain purpose, at any time, without our permission in writing from the photographer, the client agree to pay a penalty fee per image, for the use of the image at the market rate, as determined by the use at the time.



57.

The Photographer reserves the right to retain all of the Client’s materials in the Photographers possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made in full.

INDEMNITY AND LIMITATION OF LIABILITY

58.

Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

59.

Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the booking fee) shall be returned within 15 days of the date of termination of the Agreement.

60.

Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer (e.g., camera flashes).



61.

Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

GENERAL

62.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

62.1. Photographer’s Email: cressainfo@gmail.com

62.2. Client’s Email: Client email provided for receipt of invoice

63.

Survival. Articles under Term & Termination, Ownership of work product by Photographer and Limited License by Client clauses will survive termination of this Agreement.

64.

Governing Law. This Agreement will be governed by the laws of Republic of South Africa.

65.

Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

66.

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.

67.

Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

68.

Stolen Images. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Cressa Arts & Photography and/or the creator of the work.

69.

Personal Accident. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

70.

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 photographer option.

71.

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



72.

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

GDPR

73.

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; contact preferences; contact or authentication data; billing addresses and other similar information.

ACCEPTANCE OF THIS PHOTOGRAPHY SERVICE AGREEMENT AND TERMS AND CONDITIONS BY BOTH PARTIES

74.

The Photographer will automatically accept that the terms and conditions has been read, fully understood and accepted as is by the client upon receipt of the booking fee, acceptance of the quotation / pro-forma invoice / verbal confirmation / written communication to proceed with the photoshoot.

75.

The Client understands that the Photographer will accept the acceptance of this Services Agreement and Terms and Conditions by the Client, with or without the signature of the Client on this document as this document is a public document taken as read through the Cressa Arts & Photography website and link to the document through the invoice. Therefore, this Service Agreement and Terms and Conditions will be taken as read, understood and accepted.

 76.

The Parties agree and understand that the Photographers logo hereunder legally stands as signature of the Photographer for this document and content thereof.