The “Client” (or “you/r”) herein refers to the person or organisation, its representatives, successors, assignees, agents and affiliates or family members requesting the provision of photographic services and supply of photographs.
The “Photographer” (or “us/our/we”) refers to Living Light Photography and all its photographers, directors, shareholders, representatives, associates, assistants, affiliates and/or assignees.
Any payment made to us (deposit and/or final balance settlement) indicates that you have read and understood all the terms and conditions as set out in this document, in its entirety. Your payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly, and in writing, prior to accepting our service. No variation of the terms and conditions of this contract shall be recognised unless explicitly agreed to in writing. The commencement of the shoot signifies the acceptance of the Cost Estimate in its entirety, and the adoption of this agreement and all its terms and conditions by all parties.
This agreement shall be governed by the laws of the Republic of South Africa:
- Photography Rates & Packages
Our rates and packages are valid for a limited time only and are subject to review from time to time, as we see fit. If you have received a Cost Estimate from us in the past or viewed our Packages on our website, you are by no means guaranteed of said rate, unless it is our current rate or has been expressly confirmed by us. Cost estimates are valid for 30 days only.
- Booking Reservation
A 50% non-refundable deposit is required to reserve your wedding date and photography package with Living Light Photography, as per our Invoice/Cost Estimate. We will not reserve your wedding date for you, unless we have received proof of payment. Bookings are on a first-come-first-serve basis. Should you have expressed definite interest in booking a specific date, we will notify you if there is another inquiry for your wedding date (we will not notify you if you have not responded to our cost estimate as a result of your inquiry), but reserve the right to book the other couple for said date, should we not receive confirmation of booking and proof of payment from you within 48 hours.
- Deposit and Payment
Your session fee is made up of a deposit and balance, payable before your wedding date and is not refundable. It covers our time and talent and secures your wedding date at current prices (subject to change from time to time, which might include any other or future sessions). 50% non-refundable deposit is due on acceptance of our services and the remaining balance in the week leading up to your wedding, prior to your wedding day (we do not want to add unnecessary stress to you on your special day by having to remember to make payments!). No images or products will be provided until we have received full payment, within the payment period agreed.
- Additional Fees & Requirements
The client is responsible for any additional travel fees at current AA rates, should we be required to travel more than 50km from Wellington, Western Cape. If the event is more than 100km from Wellington, a suitable, safe and secure B&B/hotel is required for two photographers – to be selected and approved by us and paid for in advance by the client. Should your wedding be a destination wedding (outside the Western Cape), flights, car rental and suitable, safe and secure accommodation is required for two photographers (as described above) and to be arranged and paid for in advance by the client – considered as part of your booking confirmation. Any travel and/or accommodation expenses are additional to your wedding photography package and is for the client’s account.
Please allow for extra catering and cooldrinks for 2 photographers at your wedding (please show us the courtesy of providing us with the same meals as your guests). Please ensure that we have seating in the main reception venue, so that we are able to continue taking photographs if required and do not miss any important events. It is important that we are served at the same time as the bridal party, so that we are ready to proceed with photographs as soon as the couple is ready.
Where additional expenses are incurred by Living Light Photography 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 Living Light Photography’s normal rates.
Any venue related fees will be strictly for the client’s account. The client is responsible to confirm whether any such fees are applicable and for making any necessary arrangements in advance for the use of the relevant venue.
Any prints, photo books and/or other products are additional, not included in your wedding package and is to be quoted on separately.
- Non-payment or Breach of Contract
In the event of non-payment or other breach of this agreement by the client, the Client shall pay all the Photographer’s costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fee and the License to Use contemplated in this agreement shall not exist and be of no force or effect.
- Cancellation/Rescheduling of Wedding Package
Any deposits paid are non-refundable, should you decide to cancel your wedding package with us. If you have to postpone your wedding or move the date, due to whatever reason, please let us know well in advance and/or as soon as you become aware of the situation resulting in the change of your wedding date. We will try our best to accommodate your new date, should we be available, however different photography rates may apply, depending on current wedding photography packages, as well as the time frame by which your wedding is postponed.
- Location, Session Duration and Punctuality
The duration of your wedding photography session will be according to your selected package, at the venue of your choice (additional travel costs may apply). Please be aware that we charge an additional hourly rate, should we be required to stay longer than what your specific wedding package allows for.
We encourage the use of the outdoor setting at your venue for the couple shoot and other photographs, which makes for beautiful, memorable images. Generally early morning or late afternoon is the best time to allow for ideal lighting conditions (exact time dependant on season). Please keep this in mind when planning your wedding. Please consider that we need 2 hours between the end of your wedding ceremony – for family photos and the bridal couple shoot – and sunset (for evening weddings) and plan the start of your wedding ceremony backwards from sunset – depending on the time of sunset during the season you are getting married in, as well as venue specific constraints. We will not be held liable for delays in the wedding programme or poor planning on your part, should there not be adequate sunlight time left for family and/or couple photographs after your ceremony.
Please plan ahead and make sure that you stick to a clear and realistic time schedule/programme to ensure that your wedding day (and therefore your wedding photography) runs smoothly.
Living Light Photography is hereby recognised and constituted as the Author of the commissioned works (images and products) produced and shall be the owner of the copyright therein in South Africa and throughout the world and acknowledged as such.
The client is hereby granted an Exclusive Licence for Use in South Africa (which may not be transferred or assigned without the express written consent of the Photographer) – for personal use only – conditional upon receipt of full payment by Living Light Photography, within the payment period agreed. No other right besides those specifically included in the licence are granted in respect of the work(s). All rights not expressly granted to the client, remain the exclusive property of Living Light Photography.
No images produced by Living Light Photography may be edited or reproduced in any manner without explicit written consent. The client may not redistribute any photographs for profit, commercial endeavours, professional display, photographic competitions or any use other than your own private use. All photographic materials, including but not limited to digital files, remain the exclusive property of Living Light Photography. RAW and/or unedited files will not be provided to the client under any circumstances.
- Editorial Use and Styled Shoots
The Client and/or fellow Service Provider/s agrees to provide a credit line (byline) in the form of the Photographer’s trade name (Living Light Photography) in type no smaller than the nearest text and immediately adjacent to the image used, or the editorial fee is converted to the full commercial rate. All service providers hereby agree to give credit to Living Light Photography for all images produced and provided to them by Living Light Photography, as described above.
No Archive: the image(s) may not be stored or archived after insertion and must be deleted.
- Model Release, Consent and Photographer’s Use of Images
Living Light Photography retains the right to use the photographs or images in any manner, at any time and in any part of the world for self-promotional purposes – including but not limited to advertising, publication, publicity, display, web content or anything else promoting our business. The client hereby releases Living Light Photography and its legal representatives and assigns from all claims and liability in relation to said photographs.
The client hereby consents and agrees that Living Light Photography has the right to take photographs of you and/or your child(ren), pets and/or property, if applicable. The client hereby certifies that he/she is the parent or legal guardian of any minor(s) as represented in this contract (if applicable) and have the legal right and authority to execute the model release, as stipulated in this contract, on behalf of the minor(s) – to be used as described above.
In the unlikely event that the photographer is injured, becomes too ill or are medically unable to photograph the session, Living Light Photography will provide a replacement photographer or return the client’s deposit/payment should we be unable to do so. This will only be in case of a true emergency and is not expected to be a likely possibility. If the photographer cannot fulfil this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, we will return the client’s deposit/fees paid, but shall have no further liability with respect to this contract.
Living Light Photography takes the utmost care to prevent this, but in the unlikely event that images have been lost, stolen, damaged or destroyed for reasons within or beyond Living Light Photography’s control, liability is limited to the return of all payments received for the session or to schedule a makeup session at no additional cost to the client, if possible. Although Living Light Photography will do our best to avoid any accidents and/or incidents from happening, the client releases all employees of Living Light Photography, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.
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. Living Light Photography is by no means responsible for the quality of services (printing and other) provided by its business partners/other 3rd parties.
- Images & Products
Living Light Photography reserves the right to artistically interpret, photograph and represent any scene, for instance resulting in some images being colour and some B&W. Should the images be rejected for any reason whatsoever after the shoot, the client will still be liable for the payment of the Invoice based on the final Cost Estimate in full. No License for Use will be granted in respect of rejected images notwithstanding payment as aforementioned.
Quantity of images depends on your selected package and final images are carefully selected by us. Living Light Photography will do our best to ensure that you have a reasonable amount of final images, but there is no guarantee of the quantity of images provided, due to many factors and variables contributing to the photo session, including, but not limited to the weather, the cooperation of yourself, your spouse, children, guests and/or pets, etc. – for which we will not be held liable. No images will be “re-done” on account of models not cooperating. All images provided are final and subject to the photographer’s discretion and creativity. If any additional photographs or editing is requested after final images have been supplied, it will be subject to an additional editing rate of R500/hr.
You will receive some “teaser” images shortly after your photo session, either via Facebook (to share) or by email. You will receive a CD/DVD with all edited high res images (for printing) and low res images (for online sharing) within 8-10 weeks of your photo session date – either collected from us or mailed to you through registered mail/courier to the address provided by yourself and at additional cost to you (to be quoted for on request).
Due to the nature of custom photography, all images/sales are final and cannot be cancelled should you order any prints, books etc.
Living Light Photography will keep all images on archive for a reasonable amount of time (at least 1 year from the date of completion), after which it may be permanently discarded. It is the client’s responsibility to backup any digital files you receive.