A. Session Fees
1. Client agrees to pay photographer a 50% retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward the booking fee of your session. The balance is due at the time of the session.
The session fee covers the time and talent of photographer, basic retouching of images, as determined by the photographer, and images (amount depending on session).
Images will be retouched in a way that represents the photographer & her artistic approach. This does not include digital composites. The client will receive a variety of colour and black & white images. In case the client prefers colour images only – They will need to request so prior to the retouching phase and vice versa. In case the clients fail to do so – the client will be charged the full price of an additional image to apply the new changes.
Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase.
3. We do not release raw/ unedited images.
RAW files are unedited and therefore are not an accurate representation of my work or my brand. It is vital that we deliver only our very best work, not an unfinished product.
As a professional, we must set the standard for our business. Therefore, we cull images and remove those that aren’t up to our standard. This is also why I then allow my clients to choose their ultimate favorite images – This way we only deliver products that meet not only our, but also your standard of excellence.
Due to the downloadable nature of your files, there will be NO REFUNDS or changes made after images have been approved & downloaded. If you request additional changes to your images, you will be billed the full retouching price per image.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. Any location outside of Durbanville will be subject to an additional charge of R6.50 p.km as part of the agreement.
Client - If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 7 days prior to their shoot without penalty. Should client fail to give 7days notice, or decide to completely cancel the shoot, the full amount invoiced is forfeited and will not be refunded.
Photographer - Artifex Creative Photography reserves the right to reschedule due to illness, weather, equipment malfunction, or any other circumstances beyond their control without refund.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, weather-related issues, Act of God or by not following the recommendations of the photographer.
E. Vis Major
ARTIFEX CREATIVE PHOTOGRAPHY shall make every effort to ensure that the photoshoot takes place as scheduled. If, due to circumstances beyond ARTIFEX CREATIVE PHOTOGRAPHY’s control, the photoshoot gets cancelled, postponed or delayed the photographer, or any of the staff are unable to perform any obligations in terms of the CONTRACT, whether timeously or otherwise, or the client is inconvenienced or there is any interruption or any hindrance to the photo session with Artifex Creative Photography , the CLIENT shall not be entitled to cancel the CONTRACT and shall have no claim of any nature against ARTIFEX CREATIVE PHOTOGRAPHY, whether for damages, consequential damages, a remission or repayment of the CONTRACT FEE or any other amounts payable by the CLIENT in terms hereof in respect of any loss or damage sustained.
After twelve (12) months, all images will be purged from photographer’s hard drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Any product that was included in packages, and not collected within 3 months after collection notices – Artifex will not take any responsibility o the safety or quality of that product & after 6months of no collection, the product will be thrown away. If the client fails to submit image choices or product options a penalty fee of R1500 will be charged for resubmission of product & retouching of the images.
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received. All packages include a maximum of up to 4 members - Additional members will be charged an additional fee of R500p.p.
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
J. Model Release
I hereby give Artifex Creative Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select.
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including all claims for libel and invasion of privacy.
K. Copyright & Penalty
Artifex Creative Photography retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Artifex Creative Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
L. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or videotaping during the session.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 5 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.