TERMS AND CONDITIONS - AURA Photography

1. ENTIRE AGREEMENT:  This agreement contains the entire understanding between AURA Photography and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant authorised parties.

2. RESERVATION:  Upon the signature or any form of payment by the client towards a service provided by AURA Photography, the client accepts the terms and conditions unconditionally. AURA Photography 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 of 50 (fifty)% is non-refundable, even if the date is changed or the Event/Function cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of acceptance of quote or signing of the contract. The Reservation Deposit is applied towards the contracted Event/Function Photography & Videography package. The Client understands and agrees that the entire amount owed for the Event/Function Photography & Videography package described in the quote and or contract is due 30 (thirty) days before the Event/Function.

3. PRE-EVENT CONSULTATION:  The parties agree (where required) to a pre-event consultation before the Event/Function date in order to finalise the actual shooting times and locations.

4. CANCELLATION:  In the event that THE CLIENT cancels the contracted services for Event/Function Photography & Videography outlined in the quote and or contract before the Event/Function ceremony takes place, the Reservation Deposit will be forfeited.

5. EVENT GUIDE:  THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people and or objects if there is no one to assist in identifying objects or gathering people for the photograph(s).

6. COOPERATION:  The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. AURA Photography is not responsible for key individuals’ failure to be present or to cooperate during Photography & Videography sessions, neither for missed images due to details not revealed to AURA Photography. AURA Photography recommends that THE CLIENT designate an “event guide” (see PRE-EVENT CONSULTATION above) (where applicable) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.

7. GUEST COOPERATION:  THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the Photography & Videography sessions as scheduled. THE CLIENT should share the Photography & Videography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the Event/Function day should be planned to make the best use of time from all vendors. AURA Photography will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with Photography & Videography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages 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 refunds will be granted.

8. MEALS:  Set places at a table, food, water and juice will be provided for all staff of AURA Photography working at the Event/Function on the Event/Function day. Sufficient time will also be allowed for AURA Photography staff to eat their meal (where applicable).

9. 90 (ninety) MINUTE WINDOW:  The client agrees to set aside at least 30 (thirty) minutes before the commencement of the Event/Function ceremony and a 90 (ninety) minute time frame afterward for photographs that cannot be obtained during the ceremony or reception (Depends on Package taken). The 90 (ninety) minutes following the Event/Function includes group photographs. If the client arrives late (or any other reason outside of the photographer’s control) and this prevents this 90 (ninety) minute window from occurring, AURA Photography shall not be held liable for failure to take desired photographs.

10. SHOOTING TIME / ADDITIONS:  The Photography & Videography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and AURA Photography agree that positive co-operation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, AURA Photography will not be held liable for any photographs not taken.

11. HOUSE RULES:  The photographer is limited by the guidelines of the ceremony official or the reception 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; AURA Photography will offer technical recommendations only.

12. PAYMENTS:  THE CLIENT agrees that a 50 (fifty) % non-refundable Reservation Deposit is required at the time of contract acceptance and 100 (one hundred) % of the remaining balance is due 1 (one) month prior to the Event/Function date.

13. METHOD OF REMUNERATION:  Payment may be made in cash or transferred into the following bank account:

AURA Photography (Pty) LTD

Mercantile Bank Limited

Current Account

Acc No: 1050814436

Branch Code: 450105

14. PENALTY FEES & CHARGES:  There is a R200.00 late payment fee for any payments that are not postmarked or delivered to AURA Photography by the required date.

15. PROFESSIONAL IMAGE MANIPULATION:   THE CLIENT will reside with the fact that AURA Photography has performed to its best ability with regard to the specific task and that AURA Photography has no further responsibility towards said image manipulation after editing.

16. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS:  The photographs, digital negatives or prints produced by AURA Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without AURA Photography’s explicit written permission.

16.1  In accordance with section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall not apply to the work(s) to be made in terms hereof and the photographer will be the author of the work(s) and the copyright subsisting therein.

16.2  AURA Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to THE CLIENT whether on its submission, or on AURA Photography’s grant of reproduction rights in respect thereof.

16.3  Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

16.4  Upon final payment by THE CLIENT, limited usage rights of the resulting images will be transferred to THE CLIENT under the following conditions:

16.4.1  The negatives and/or slides and/or high-resolution images may be used by THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives

16.4.2  THE CLIENT must obtain written permission from, and compensate AURA Photography prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit

17. MODEL RELEASE:  THE CLIENT hereby assigns and grants AURA Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases AURA Photography and its legal representatives and assigns from all claims and liability relating to said photographs.

18. EXCLUSIVITY / GUEST PHOTOGRAPHY & VIDEOGRAPHY:  It is understood that AURA Photography will act as the sole and exclusive Event/Function photographer. Due to the fact that flashes from guest’s cameras and or cellular phones may ruin shots taken by AURA Photography, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest Photography & Videography is not permitted at any time while the professional photographer are in session.

19. COMPLETION SCHEDULE:  Processing and image manipulation can take anything from 1 (one) -12 (twelve) weeks. AURA Photography can provide the final product 1 (one) -12 (twelve) weeks after the Event/Function took place.

20. FINAL DELIVERY: AURA Photography will deliver the product that has been agreed upon in the chosen package. If the client does not collect the photos within one month (4 weeks) after completion of final product by AURA Photography, no changes will be made and recognized by AURA Photography should the client be unsatisfied with the final product.

20.1  The Client must also choose the photos they want for the PhotoAlbum. This happens after the final product is delivered.

21. NUMBER OF PHOTOS AND TIME DURATION:  The number of photos delivered to the Client will be determined by the package chosen. No more than the specified amount will be provided by AURA Photography. If the client wants AURA Photography to stay longer than the specified time duration agreed upon, R1000,00 (one thousand rand) per hour will be charged extra.

22. RIGHT OF WITHDRAWAL:  AURA Photography’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-co-operation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should AURA Photography initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, R100.00 (one hundred rand) an hour is charged for all Photography & Videography services already provided and R50.00 (fifty rand) an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.

23. LIMITATION OF LIABILITY:  In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. AURA Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in the quote and or contract at the same/similar tariff. If such a 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 package.

AURA Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the Client's photographs being lost, stolen or destroyed for reasons within or beyond control, the latter’s liability is limited to the return of all payments received for the event package.

The limit of liability shall not exceed the quotation and or contract price. The limit of liability for a partial loss of originals shall be a pro-rated amount of the exposures lost based on the percentage of total number of originals.

23.1  Should AURA Photography supply an alternative photographer, and the client is not satisfied with the final product, AURA Photography takes NO RESPONSIBILITY for the end product, and or refund for damages or losses. This must be taken up with the photographer who took the photos.

23.2  When the ALTERNATIVE PHOTOGRAPHER receives the payment agreed upon, and shows up to take the photos for the event, the contract between AURA Photography and the client is no longer binding, and AURA Photography has no responsibility towards the client, except terms that was agreed upon.

24. NON-GUARANTEE:  Although every possible care will be taken to produce photographs of all important and special events during the Event/Function AURA Photography cannot place an unconditional guarantee on the above. AURA Photography 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 AURA Photography’s control.

24.1  If the Event/Function day/event is not on schedule, AURA Photography will not be held responsible for photos not taken, due to a time limit, or bad organisational planning.

25. WEATHER:  Due to the sensitive nature of camera equipment, AURA Photography reserves the right to stop shooting, and take necessary steps to protect the camera equipment in case the weather turns for the worst, like in the case of rain. AURA Photography will not be held responsible for any loss of photographs, or shooting time due to weather conditions. Final decision hereof resides with the photographer representing AURA Photography.

26. PERFORMANCE:  The performance of this obligations on behalf of AURA Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

27. 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.

28. AMENDMENTS:  This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and AURA Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.