This contract is the ENTIRE agreement of the parties. No other terms or conditions are expressed or implied. Any additions, corrections or modifications to this contract must be in writing and signed by the Clients and Artifex. Oral modifications are not enforceable at any time.
The bride and groom (hereafter Clients) hereby agree that Artifex Creative Photography (hereafter collectively and individually called Artifex) will be the official photographers of their wedding day.
To assure the appearance of Artifex for said date and time, Clients agree to pay a booking fee R5000 (non-refundable) upon the signing of this Agreement and is applied toward the grand total. Payment of the balance is due 2 weeks prior to wedding date. Clients agree that Artifex may withhold the final products & services from Clients until the entire balance of all fees are paid in full.
Upon receipt of the booking fees, Artifex agrees to reserve the time and date agreed upon and will make no other commitments for date and time. Should the wedding be rescheduled or postponed, the booking fees paid may be applied towards a new date based on Artifex’s availability. If Artifex is not available on the rescheduled day, or if the wedding is cancelled, the total retainer/ booking fee must be paid by Clients to Artifex as liquidated damages. Should the event be postponed as a result or wars, revolutions, acts of enemies, strikes, floods, fires, power failures, acts of God such as weather-related emergencies, serious illness or injury of either part, or any other cause not under the direct control of either party to this contract, neither party will be held to the terms of this agreement. When the event is rescheduled, client agrees to give Artifex first opportunity to provide photography services under the same terms and conditions. Should Artifex be unavailable for the rescheduled date, a full refund is due, less the R5000 booking fee.
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 wedding 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.
It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract, with the exception of a Photo Booth photographer. Any such breach of contract will release Artifex from any further responsibility under this Agreement, and any monies paid by Clients will be retained by Artifex as liquidated damages.
In the event of photographer's sudden illness presenting appearance or performing contract, client has the option of allowing Artifex to transfer this contract to another photographer or allow client to contract with another photographer. All fees except the booking fee will be returned.
Retouching, Re-shoots / Refunds
The contract fee covers the time and talent of photographer, a second shooter, basic retouching of images and the creation of wedding products (If applicable). Images for the packages is chosen by the photographer (amount depending on chosen package). Images will be retouched in a way that represents the photographer & her artistic approach. 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. 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. Total turn a round time for engagement or couple shoots are 6-8 weeks & for weddings are 3months.
Artifex, as a photographer and artist with whom Clients entrusts photography to, retains the judgment to remove any image(s) from the final proofs that it deems bad or irrelevant.
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.
Current prices for items ordered and/or itemized as stated above will be guaranteed for 180 days after event date. If Clients' order is not placed within that time frame, items may be subject to new prices. Thus, if Clients wait to place an additional order, it may cost more. Prices are subject to change at any time without this notice.
Clients who do not follow through with the selection of images for their albums that is included in packages within 180 days from the date of above event, will forfeit all rights to receiving the said album or pay a fee of R3000 to move forward with album. Clients NOT specifying an album as part of their contract may purchase an album at any time, however, the price of the album is determined at the time of ordering when outside of the contract.
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.
Permits, Location Fees and Expenses
Clients will be responsible for obtaining all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the wedding or any sessions included herein this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, lodging, admittance and parking fees, will be the responsibility of the Clients.
If there are any costs/fees associated with the location the client has chosen for their wedding or engagement shoot, you, the client, will be responsible for those fees. Any location outside of Durbanville will be subject to an additional charge of R6p.km as part of the agreement.
Meals & seating for Artifex’s photographers and assistants at the above described wedding will be provided.
Permission is hereby given to Artifex to use reproduction of pictures for general marketing purposes in accordance with reasonable commercial practice including, but not limited to, within Studios place of business, on the Internet, and for personal meetings with prospective clients. Clients hereby agree that all negatives, digital files and all pictures derived therefrom at the described event are the property of Artifex. Clients may not sell their images or authorize any third part use of any image without written consent of Artifex.
Specific Photographs and Liability
1. Artifex will make every effort to assure Client satisfaction according to accepted industry standards. Any artistic interpretations by Artifex will be deemed acceptable and correct. Due to the changing and fluid nature of special events, Artifex does not guarantee the production of any specific image(s). Events outside of Artifex’s control, such as weather, late arrival of Client or subjects, missing persons, short timelines, venue restrictions, guest interference, intoxicated individuals, etc. may preclude the creation of some images. Artifex assumes no liability for failure to comply with the terms of the Agreement due to events outside of Artifex’s control.
2. Artifex may not be held liable for or subject to damages for failure to provide any proofs or prints due to negligence, accident, or any other avoidable or unavoidable action mentioned or unmentioned by any individual, other service agency or third party necessary in performing the function set forth in this agreement.
3. 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.
4. Clients hereby agree that Artifex’s liability for damages pursuant to this Agreement is limited in amount to total value of the Booking Fee and Service Fee actually paid by Clients pursuant to this Agreement.
If any section, subsection, sentence, part or application of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate any other section, subsection, sentence, part or application but shall be confined in its operation to the section, subsection, sentence, part or application directly involved in the controversy in which such judgement shall have been rendered.