STUDIO RAINN TERMS AND CONDITIONS

1. SERVICES

1.1 Inclusions. Photography is booked by the hour and includes a minimum of 30 edited images per hour of shooting. Additional inclusions are subject to the selected package.

1.2 Exclusions. Photography excludes any and all outfit hire, makeup or hair services, props and travel requested by the Client.

2. PUNCTUALITY

2.1 The event time and location will be confirmed no less than 24hours in advance with the Client via WhatsApp.

2.2 The Photographer agrees to arrive 5 minutes early.

2.3 The Client acknowledges that schedules must be adhered to. Extra time allowance due to Client lateness will be charged accordingly.

3. AMOUNT PAYABLE

3.1 Photography is billed as follows:

• Session Cost: R1200 per hour including editing and image delivery via online gallery.
• Additional Time: R850 per 30 minutes including editing and image delivery via online gallery.
• Travel: R4.50 per km more than 20km outside of Sedgefield, Western Cape.

3.2 Booking Payment. Due to the limited space, payment of 20% is required in order to secure a booking. This amount is non-refundable (see Section 4). Unpaid booking inquiries may be rebooked without consulting the Client.

3.3 Payment of Additional Services. Should the Client wish to order additional services, full payment must be made before the Shoot. In the event of additional images ordered after the Shoot, full payment must be made before images will be delivered. No images will be delivered with outstanding payments.

4. TERM AND TERMINATION

4.1 Term. This Agreement will begin on the and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).

4.2 Cancellation. Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 90 days before the Shoot (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article 6 is duly provided or unless the parties otherwise agree in writing.

4.3 Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Wedding.

4.4 No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client.

4.5 Replacement. In the event that Photographer is unable to perform the Services, Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Deposit and all fees paid by Client, and thereafter shall have no further liability to Client.

4.6 Adverse Weather. In the case of bad weather, a reschedule will be communicated by the Photographer. However, The Client acknowledges that certain weather conditions, while not necessarily favourable, may still be shoot worthy and can result in beautiful and unique images.

5. CONDITIONS DURING SHOOTING

5.1 Props. The use of props is allowed and encouraged to make each shoot unique. However, as shoots take place in public areas, absolutely no non-biodegradable confetti/glitter or flammable props (sparklers and fireworks) may be used. The Client is urged to respect the environment they are shooting in, and leave it in the same condition as found. No plants/property may be damaged during the shoot. No wildlife may be interacted with. Please respect others during your shoot.

5.2 Loss and damage. The Photographer accepts no liability for damage, loss, injury or death during a shoot. Props and outfits at the shoot are the sole responsibility of the Client.

5.3 Event Photography The type of shoot may not be changed without permission of the photographer. Under no circumstances will The Photographer photograph an event of any kind without being fully informed beforehand and agreeing to do so.

5.5 Animals. Dogs may be brought to the shoot with written permission from the Photographer. It is the responsibility of the Client to obtain permission from the venue pertaining to animals. The Client agrees to take full responsibility for all animals on the shoot. Dogs must be on leashes. Cats are not permitted. Any animals brought onto the shoot must be well enough trained to sit for photographs. The Photographer takes no responsibility for shots missed due to misbehaving animals.

5.6 Venue Permission. Any and all charges from the venue pertaining to photoshoot permissions remain the sole responsibility of the Client.

5.7 Exclusivity. The Client agrees that The Photographer will be the only photographer at the event. No additional photographers not associated with Studio Rainn may be hired for the day. The Photographer must be informed of any videographers hired. Guests that take photos during the event, either with professional cameras or cellphones will be asked politely to step aside so as to allow the Photographer to get the best shot. The Client accepts full responsibility for shots missed due to guest interference.

5.8 Dress Code The Photographer agrees to dress appropriately for the occasion in order to perform their duties to the bets ability. Should the event require a dress code for Vendors, the Client must inform the Photographer in writing.

5.9 Breaks. The Photographer will be allowed adequate time for bathroom and water breaks.

5.10 Meals Provided. In shoots over 6 hours, the Client is responsible for providing the Photographer a meal at the shoot.

5.11 Accommodation. Should the event end after 11PM, or the Photographer's estimated time of arrival back in Sedgefield be later than 11:30PM, the Client is responsible for providing adequate overnight accommodation for the Photographer. Accommodation must be safe and secure. Under no circumstance will the Photographer share a room with a guest.

6. MODEL RELEASE

6.1 Minors. The Client understands that any minors involved do so under the supervision and permission of their parents/guardians. The Photographer reserves the right to use the images for their private portfolio, without disclosing personal information about the minor or sharing on unsafe platforms. By default, the Client agrees that the Photographer may use the images on Social Media. Should the Client wish for their images to not be used on Social Media, they must inform the Photographer in writing prior to the shoot.

6.2 Model Release. The Client (on behalf of themselves and all involved in the shoot) agrees for the Photographer to take photographs of their party.

6.3 Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees at the Wedding) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium.

7. CLIENT LICENSE

7.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

8. ARTISTIC RELEASE

8.1 Editing of images. The Client may not edit or alter the images in any way.

8.2 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

8.3 Style. Client acknowledges and agrees that:

• Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
• Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
• Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

8.4 Additional Editing. Should the Client request additional editing beyond what the Photographer has delivered (including re-editing), standard retouching rates will apply.

9.  INDEMNITY AND LIMITATION OF LIABILITY

9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Deposit) shall be returned within 15 days of the date of termination of the Agreement.

9.3 Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees at the shoot that are beyond the control of Photographer (e.g., camera flashes).

9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

9.5 Loss of Images. In the unlikely event of the loss of images due to theft or technological malfunctions, The Photographer agrees to schedule a reshoot as close to the original value of the lost images as possible. Should The Photographer not be available for a reshoot due to logistics, a suitable replacement photographer will be found in accordance with Section 4.5

10. GENERAL

10.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

• Photographer’s Email:
• Client’s Email:

10.2 Survival. Articles 6, 7, 9 and 10 will survive termination of this Agreement.

10.3 Governing Law. This Agreement will be governed by the laws of South Africa.

10.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.

10.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.