TERMS AND CONDITIONS

WEDDING PHOTOGRAPHY CONTRACT

It is important to Michelle Guziński Photography that my service is professional and at the same time I am able to capture moments of your special day, this contract ensures that we get all the necessary formalities out of the way so we can get down to the real business of helping you making your day memorable.

DEFINITIONS: The following words or expressions shall carry the meanings assigned thereto:

  • ‘Contract’ means these standard terms and conditions, together with any and all Annexures, which is to be read together as one contract and will be considered as one document, all of which will have the effect of a legal and binding agreement between the parties. Agreement shall be construed accordingly.
  • ‘Material’ includes but is not limited to all photographs, albums, photo books, coffee table books, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic material, which being literary and/or artistic works, and which has been created by the Photographer.
  • ‘Package’ means the wedding photography package as selected by the CLIENT(S) herein below, which package consists of a specific number of hours which the Photographer will be present at the wedding and the Material which is to be produced, together with any further and additional Material ordered.
  • ‘Photographer’ means the undersigned photographer herein below, their representatives, successors, assigns, agents and affiliates.
  • ‘Michelle Guzinski Photography’ means the undersigned photographer herein below, their representatives, successors, assigns, agents and affiliates.
  • ‘Photographs’ means any product of photography or any analogous to photography
  • ‘Images’ means any product of photography or any analogous to photography
  • ‘Client(s)’ means the undersigned person(s) below, their representatives, successors, assigns, agents and affiliates.

ENTIRE AGREEMENT:  This agreement contains the entire understanding between the Photographer and the CLIENT(S). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.

RESERVATION:  Upon the payment of the CLIENT(S) booking fee and signed contract, 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 R2 500.00 booking fee is non-refundable, (time depending. See next point) even if the date is changed or if the is wedding cancelled for any reason, including acts of God, fire, strike, and extreme weather.

The booking fee is to be paid at time of signing the contract. The booking fee is applied towards the contracted wedding photography package. The booking fee cannot be exchanged for other services or products.

BOOKING FEES & PAYMENTS

A booking fee of R2 500.00 of the agreed amount shall be paid at the signing of the contract. The Photographer shall then reserve the time and date exclusively for the CLIENT(S). The Photographer cannot take provisional bookings. One week before the event the remaining balance must be paid.  No cheques will be accepted.

BOOKINGS ON PUBLIC HOLIDAYS: Any event booked on a Public Holiday or weekend of a Public Holiday requires an additional fee of R1300.00.

PRE-EVENT CONSULTATION:  The CLIENT(S) agrees to a pre-event consultation, at no extra charge, at a mutually agreeable time which can be arranged between the parties, before the event date in order to finalize all necessary formalities.

BOOKING FEE REFUND POLICY:

  • Cancellations 12 calendar months before the event – a full refund of the booking fee will apply.
  • Cancellations 11 to 7 calendar months before the event – 50% refund of the booking fee will apply.
  • Cancellations within 6 calendar months of the event – 0% refund of the booking fee will apply.

CANCELLATION:  It is the CLIENT(S)’S responsibility to give the Photographer at least six months’ notice of cancellation to give the Photographer the chance to fill your date with another client. However, should the wedding be postponed to another date on which the Photographer is available, the services of Photographer will still be provided, secured by the booking fee already paid. Should the date for the wedding change and the Photographer is not available at attend the new date, you will forfeit your booking fee.

AMENDMENTS:  This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, signed and dated by the CLIENT(S) and the Photographer at the time of this signing shall be recognized as amendments to this contract.

LATE BOOKINGS: Any wedding booked within FOUR WEEKS of the wedding must be paid in full on the date of signing the contract. A cancellation of the services of the Photographer in this case, within the four weeks will result in a 0% refund of the total payment made.

COOPERATION:  The CLIENT(S) agrees to cheerful cooperation and communication by all parties for the best possible result within the definition of this assignment. The Photographer is not responsible if key individual’s failure to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.  The Photographer recommends that CLIENT(S) designate an “event guide” to point out important individuals that they wish to have photographed for informal or candid photographs during the wedding.

RIGHT OF WITHDRAWAL:  The Photographer’s discovery of new information, changes, or other factors tending to circumvent its policies could result in its withdrawal. Non-cooperation, changes of locations, facilities or times available; missed appointments; bad, returned or late payments are examples of contributing factors Should a withdrawal by the Photographer be initiated it will be done so via telephone and email to the email address given by the CLIENT(S).

HOUSE RULES:  The Photographer is limited by the guidelines of the ceremony official or reception site management.  CLIENT(S) agrees to accept the technical results of their imposition on the Photographer.  Negotiation with the officials for moderation of guidelines is CLIENT(S)’s responsibility; the Photographer will offer technical recommendations only.

CHANGES TO VENUE: Should dressing/ceremony/after ceremony photos/reception venues change without notifying the Photographer that causes the Photographer to travel to the incorrect venue initially, travel fees will apply at R4.50/km. Please ensure that the Photographer is notified in due time regarding any changes.

SHOOTING TIME / ADDITIONS:  The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT(S) in a manner enjoyed by all parties.  The CLIENT(S) and the Photographer agree that cheerful cooperation and punctuality by all members of the wedding party are therefore essential to that purpose. Shooting commences at the scheduled start time.  IT CANNOT BE MORE STRESSED THE IMPORTANCE OF TIME. ANY DELAYS COULD INCUR FURTHER COSTS FOR THE CLIENT(S) AND ALSO JEOPARDISES THE IMAGES THE CLIENT(S) ENVISION. LIGHT PLAYS AN IMPORTANT PART OF TAKING BEAUTIFUL PHOTOS. THE CLIENT(S) MUST PLEASE BEAR THAT IN MIND WHEN PLANNING THE WEDDING. ALSO REMEMBER TO SET ASIDE SUFFICIENT TIME FOR AFTER CEREMONY PHOTOS. 1.5 hours is the recommended duration required.

ADDITIONAL HOURS: A fee of R1300.00 per hour is charged for additional time added on by the CLIENT(S) on the day of the wedding. This must be paid before any images, prints or photo books are released.

THE BEST TIME OF DAY:  The Photographer advises that the best time of day to have the creative photos done is between 17:00 – 18:30 during summer and 16:00 – 17:30 during winter. This is where the sun gives its most beautiful, soft and flattering light. It is not advisable to have the photos taken from 09:00 – 15:00 in any season. However, should there be no other option the Photographer will still endeavor to give the CLIENT(S) images that are up to the Photographer’s standards.

TRAVEL & ACCOMMODATION: Accommodation applies to events taking place one or more hours outside of East London. Accommodation for the second shooter is required as well. Travel is charged at R4.50/km for all events taking place outside of East London.  Other forms of transportation i.e. plane flights etc. are also at the costs of the CLIENT(S). Flights will be booked by the Photographer and paid by the CLIENT(S) this applies to the second shooter that is hired as well. Accommodation is sourced by the Photographer. The Photographer agrees to source accommodation that is safe, clean and suitable. The Photographer will liaise with the CLIENT(S) regarding the accommodation and fees before making the accommodation booking. Accommodation must then be paid by the CLIENT(S).

MEALS: The CLIENT(S) is required to provide meals for the Photographer and one assistant (if applicable) during the time when the meal is being served to the wedding guests. These may be served in the dining room or at another location in the reception venue. It is suggested that the Photographer and assistant be seated in the dining room if at all possible so as to be able to continue photography during the meal. These arrangements can be discussed between the Photographer and the CLIENT(S).

DIGITAL NEGATIVES, PRINTS and COPYRIGHT:  The photographs, digital negatives or prints produced by the Photographer are copyright protected (all rights reserved) and the Photographer retains the copyright to all photos and images produced.

The Photographer respectfully informs the CLIENT(S) that by law, the CLIENT(S) is required to obtain the Photographer’s consent to enter any photos taken by  the Photographer into any competition or any media publication, the Photographer must be credited as the photographer should consent be given.

HOW LONG DO I KEEP YOUR HARD COPIES: The Photographer keeps the CLIENT(S) hard copies on backup for one year.  After that all images i.e. raw, jpeg, or any other proofs etc. are completely deleted from the Photographer files and cannot be recovered. Please make sure that you, the CLIENT(S) keep your images safe and backed up.

EDITING: Your images receive basic editing i.e. sharpening, light adjustment, contrast, artistic editing and conversions. Extensive editing i.e. removal of wrinkles/scars/making thinner etc. can be done but only to a certain extent. The Photographer will advise on the possibility of the CLIENT(S)’S requested ‘Photoshopping’. These requests must be discussed during the pre-event consultations not on the day of the event while we are in the middle of photographing. This extensive edited requires an additional fee of R1 300.00 per hour as it takes quite a bit of time to get right. Note that the Photographer does not consent to other photographers retouching or editing photos taken by the Photographer in anyway. Consent is not given to the CLIENT(S) to retouch or edit the photos taken by the Photographer. This would reflect a style not indicative to the Photographer and possibly change the perceptive of the Photographer’s style of photography and editing. All editing is done at the discretion and artistic style of Michelle Guziński Photography.

In accordance with the accepted practices of al professional photographers and photographic laboratories, the return of any technically acceptable photographs and/or prints and/or any  other materials, or demands for refund, will be not be entertained on principle. No exceptions can be made to this rule as the Photographer cannot be held responsible for individual tastes or expectations and the judgment, view, execution and layout of the Photographer will be deemed to be correct. Owing to reflectance caused by a combination of certain dyes and materials, especially synthetic fibers, it is sometimes impossible to record the exact color of a garment as seen by the human eye. The Photographer will use their skill to produce, to the best of their ability, pleasing prints and to provide a pleasing color balance based on the flesh tones of the subject, but cannot guarantee exact color matches in certain circumstances.

TIME FOR DELIVERY: Please allow 4-6 weeks for your images from the date of the event.

WEDDING BOOKS/SECOND PHOTOGRAPHER/AFFINITY SESSION/ROCK THE FROCK: The wedding book/second photographer/affinity session/rock the frock is not transferable. The CLIENT(S) is to book the date of the shoots with the Photographer. The Photographer will confirm availability of that date. All affinity sessions must take place at least 6 months before the wedding. All Rock The Frock photo shoots must take place within 3 months after the wedding. Any shoots not done within the stated time will be forfeited. Extreme circumstances will be considered.

WEDDING BOOK: The layout and images chosen for the Wedding Book are at the sole discretion of Michelle Guziński Photography and as such the CLIENT(S) agrees and accepts this upon booking.

VIDEO: Michelle Guzinski Photography will liaise and/or put the Client in direct contact with a Videographer as discussed during the Pre-Event Consultation. Michelle Guzinski Photography will not be held liable for any damages/loss/quality issues with the Client’s Video in any manner. The Videographer operates as a separate entity and as such has their own Terms and Conditions.

PRICES: Prices are not fixed until the booking fee is paid.

ADDITIONAL TIME:  All final products – prints, Photo Books and images shall remain the property of Michelle Guziński Photography until the agreed amount of additional time is paid in full.

THE MONTH OF DECEMBER: From the 20th of December to the 6 January – editing of images or ordering of books/prints will not take place during this period. Should your event fall within or around this time please do understand that all editing and ordering of books/prints will recommence on the 6 January. All shoots will still take place as usual.

POSTAGE/COURIER: The cost of any prints\USBs\Photo Books that need to be posted to the CLIENT(S), should you reside outside East London, must be taken up by the CLIENT(S). This fee must be paid before items are posted/couriered.

MODEL RELEASE:  The CLIENT(S) hereby grants to Michelle Guziński Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT(S) or in which the CLIENT(S) may be included and other guests at the event, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT(S) hereby releases Michelle Guziński Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is specifically agreed that the Material may be used on Facebook, and / or such other social media forums as is desired, and that the CLIENT(S) may be tagged, or otherwise identified, unless otherwise agreed in writing.

SOCIAL MEDIA/BLOGPOST: Sneak peeks on Facebook/Twitter/Instagram and Blogposts on www.michelleguzinski.com are entirely left to the discretion of Michelle Guziński.

FORCE MAJEURE OR ACTS OF GOD: The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event the Photographer will not be liable to the CLIENT(S) and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the circumstances stated here:

  • Force majeure (Acts of God)
  • The loss, damage, destruction or theft of any property on the venue
  • Any act or circumstance, save for gross negligence by the Photographer, causing the loss, damage, destruction, theft and such other related events of photographic material (including camera equipment)
  • Loss or damage resulting from or related to the use of any equipment on the venue, including but not limited to furniture, cutlery and crockery, sound equipment and photographic equipment or technical failure thereof.

LIMIT OF LIABILITY:  In the unlikely event of severe medical, natural, or other emergency it could be necessary to retain a different photographer Michelle Guziński Photography will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, then responsibility and liability is limited to the return of all payments received by Michelle Guzinski Photography from the CLIENT(S) for the wedding package.

Michelle Guziński Photography 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 cannot be held liable.

The CLIENT(S) indemnifies and holds the Photographer harmless against all liability, claims and expenses, including attorney’s fees arising from CLIENT(S), and/or any third parties use of the Photographer’s Material and/or any loss, damage or misuse of any Photographs supplied by the Photographer, granted that there is no fault on the part of the Photographer

All special requests must be made known to the Photographer no less than one week before the wedding. If there is any failure to capture certain Images that you requested or that were discussed at our planning meeting, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the CLIENT(S) and the Photographer shall not be liable for same.

SEVERABILITY:  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.

EXCLUSIVE PHOTOGRAPHER: Michelle Guziński Photography shall be the exclusive photographer retained by the CLIENT(S) for the purpose of photographing the event.  Family/ friends/guests of the CLIENT(S) will not be permitted to photograph the wedding should they interfere with the photographer’s duties. The only time anyone aside from the Photographer is allowed to take photographs is during candid moments in which the photographer has not instructed anyone for the photograph. A critical photograph can be obscured by a guest trying to the same shot. The Photographer reserves the right to limit access of other photographers – amateur or otherwise. The hiring of another photographer, professional or amateur, by the client without notifying the Photographer voids this contract. Should this cause Michelle Guziński photography to miss a photograph Michelle Guzinski Photography will not be held liable.

OTHER CAMERAS: The CLIENT(S) must inform all family/friends/guests who are aspiring ‘photographers’ with cell phone cameras, and other cameras to ensure that they stay aware of Michelle Guziński Photography being there as paid photographers and as such Michelle Guziński Photography need to make sure that the CLIENT(S) gets what the CLIENT(S) has paid for. Having to constantly request that someone move out of the way or trip over someone will invariably lead to Michelle Guziński Photography missing an essential shot that may not be able to be repeated. Another reason for this request is that Michelle Guziński Photography’s camera settings are being adjusted continuously to the light of the surroundings – should someone else’s flash fire at the same time as Michelle Guziński Photography it may compromise the images. Should this cause Michelle Guziński photography to miss a photograph Michelle Guziński Photography will not be held liable.

GENERAL: The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof.

The parties agree that all goods, services and materials rendered in terms of this Contract, including any reorders, reproductions, overtime charged, additional albums ordered and/or where extra expenses or time has been incurred by the Photographer, or any

other incidental costs incurred herein as a result of alterations to the original order by the CLIENT(S), is to be regarded as an extension of this Contract, incorporating these same terms and conditions, therefore not being severable from the contract herein, and shall further become due and payable in terms hereof. No allocation of payments can be made to certain products and or services and no part payment and / or set off is permitted herein. No relaxation or indulgence granted to the CLIENT(S) by the Photographer, at any time, shall be deemed to be a waiver of any of the Photographer’s rights in terms hereof, and such relaxation or indulgence shall not be deemed as a novation of any of the terms and conditions set out herein, or create any estoppels against the Photographer.

A certificate under the hand of any authorized person of the Photographer as to the existence and the amount of the CLIENT(S)’S indebtedness to the Photographer shall be sufficient and satisfactory proof of the correctness thereof for the purpose of summary judgment or any other proceedings against the CLIENT(S) in arbitration and / or mediation.

GOVERNING LAW: This agreement and its termination shall be governed by and construed in accordance with the laws of the Republic of South Africa. Both the Photographer and the CLIENT(S) agree that all legal action based on any claim arising under or out of this agreement must be determined in accordance with South African Law and filed and prosecuted in a court of competent jurisdiction located in the Republic of South Africa and each of them hereby consents and irrevocably submits to the jurisdiction of such court in respect of all legal action or proceedings arising out of or in connection with this agreement, its implementation, interpretation and/or termination.

JURISDICTION OF MAGISTRATE’S COURT: The CLIENT(S) hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against him/her by the Photographer in connection with this Contract, notwithstanding that such action or proceedings would otherwise be beyond such jurisdiction without prejudice to the Photographer’s right to institute action in the Supreme Court having jurisdiction.

SOMETHING TO CONSIDER: Michelle Guziński Photography advises the CLIENT(S) to consider an unplugged event. This is where the CLIENT(S) tells all their guests that all phones, iPads, tablets and cameras be put away. The CLIENT(S) can tell their guests that the CLIENT(S) has hired a professional photographer to capture the day and that you would like everyone to enjoy the ceremony with them with. NOTE THIS IS MERELY A PROFESSIONAL SUGGESTION AND NOT A RULE OF THE CONTRACT.

E&OE                  

ACCEPTANCE AND ACKNOWLEDGMENT:  The CLIENT hereby accepts the quotation from Michelle Guziński Photography to render and supply all services and materials as agreed upon on these terms and conditions as stated herein. The CLIENT(S) by signing this contract acknowledges that they have read and understood the terms and conditions and agrees to all of the above and is further familiar with all details of the selected wedding package.

 

*Michelle Guzinski Photography reserves the right to change and amend the Terms and Conditions at any time before signing. Terms and Conditions will vary for each package. You are required to sign the Terms and Conditions of the package you choose.