Terms & Conditions
Definitions
Henceforth the following definitions will apply -
“Photographer (or us/our/we)” refers to the person or organisation requested to take and supply the photographs, in this instance Ilse van den Bergh, Ilse van den Bergh Photography and its representatives.
“Photographs” refers to all photographic material, in film, print or electronic formats supplied by the photographer.
“Client (or you/r)” refers to the person or organisation, its representatives, agents and affiliates requesting the provision of photographic services and supply of photographs.
Any payment made to us, either deposit and/or final balance settlement indicates that you have read and understood all the terms and conditions as set out in this document in its entirety. Your payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting our service.
No variation of the terms and conditions shall be recognised unless explicitly agreed to in writing.
The commencement of the shoot signifies the acceptance of the costs in its entirety and all terms and conditions as set out in this document by all parties.
1. Copyright
Ilse van den Bergh Photography is hereby recognised and constituted as the Author of the commissioned works produced and shall be the owner of the copyright therein in South Africa and throughout the world, irrespective of the stipulations of Sections 21 (1)(c) and 21(1)(e) with amendments, of the South African Copyright Act No 98 1978 –
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 photograph(s) to be made in terms hereof and the Photographer will be the author of the work(s) and the copyright subsisting therein.
The client is hereby granted an Exclusive Licence for Use for personal use only – conditional upon receipt of full payment by Ilse van den Bergh Photography within payment period agreed. All rights not expressly granted to the client remain the exclusive property of Ilse van den Bergh Photography.
No images produced by Ilse van den Bergh Photography may be edited or reproduced in any manner without explicit written consent. The client may not redistribute any photographs for profit, commercial endeavours, professional display, photographic competitions, or any use other than your own private use. All photographic materials, including but not limited to digital files, remain the exclusive property of Ilse van den Bergh Photography. RAW and/or unedited files will not be provided to the client under any circumstance.
2. Model release, Consent and Photographer’s Use of Images
Ilse van den Bergh Photography retains the right to use the photographs or images in any manner, at any time and in any part of the world for self-promotional purposes – including but not limited to advertising, publication, publicity, display, web content or anything else promoting our business. The Client hereby releases Ilse van den Bergh Photography and its legal representatives from all claims and liability in relation to said photographs.
The client hereby consents and agrees that Ilse van den Bergh Photography has the right to take photographs of you and/or your child(ren), pets and/or property if applicable. The client hereby certifies he/she/they is the parent or legal guardian of any minor(s) as represented in this contract, if applicable and have the legal right an authority to execute the model release as stipulated in this contract, on behalf of the minor(s) – to be used as described above.
3. Editorial Use and Styled Shoots
The client and/or fellow Service Provider/s agrees to provide a credit line (byline) in the form of the Photographer’s trade name (Ilse van den Bergh Photography) in type no smaller than the nearest test and immediately adjacent to the image used. All service providers hereby agree to give credit to Van den Bergh Photography for all images produced and provided them by Van den Bergh Photography as described above.
4. Photography Rates & Packages
Our rates and packages are valid for a limited time only and are subject to review from time to time, as we see fit. If you have received a Cost Estimate from us in the past or viewed our packages on our website, you are by no means guaranteed of said rate unless it is our current rate or has been expressly confirmed by us. Cost estimates are valid for 30 days only.
5. Booking Reservation
A deposit is required to reserve your photo session date and photography package with Ilse van den Bergh Photography as per our Invoice/Cost Estimate.
6. Deposit and Payment
Your session fee is made up of a deposit and balance, payable before/on your booking date and is not refundable. It covers our time and talent and secures your booking date at current prices (subject to change from time to time, which might include future sessions). No images or products will be provided until we have received full payment, within the payment period agreed.
7. Additional Fees
The client is responsible for any additional travel fees at current AA rates.
Where additional expenses are incurred by Ilse van den Bergh Photography due to changes in the original brief by the Client or by circumstance beyond the Photographer’s control, the client agrees to pay such reasonable expenses and/or fees at Ilse van den Bergh Photography’s normal rates.
Any additional fees due to the Client’s choice of location (e.g. entrance fees, venue fees, etc.) will be for the client’s account. The client is responsible to confirm whether any such fees are applicable and for making any necessary arrangements in advance to use the relevant venue as location. Any prints, photo books and/or other products are additional, not included in your session fee and to be quoted on separately.
8. Non-payment or Breach of Contract
In the event of non-payment or other breach of this agreement by the Client, the Client shall pay all the Photographer’s costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fee and the License to Use contemplated in this agreement shall not exist and be of no force or effect
9. Cancellation/Rescheduling of Photo Session
Any deposits paid are non-refundable, should you decide to cancel your photo shoot. If you have to reschedule, please do so at least 7 days prior to your booking date, so that we have time to fill your booking slot.
Should you/your child(ren) be ill or have a family emergency, death in the family or other life altering situation, you may reschedule your session – please notify us as soon as possible (preferably 24 hours in advance if possible).
If you have booked an outdoors/weather dependant photo session, we will contact and advise to reschedule due to unsuitable weather, should your booking date be flexible. Your session will be moved to the next suitable/available date at no additional cost.
10. Location, Session Duration and Punctuality
The photo session duration will be according to your selected package at the location of your choice (additional travel costs may apply). For any family, maternity, couple or pet shoots, we suggest an outdoor location which makes for beautiful images. Generally early morning or late afternoon to allow for ideal lighting conditions, the exact time dependant on season.
Please be on time for your photo session, whether it is at your home or on location. Please let us know if you are running late. However, please be aware that your slot will still start at the scheduled time and not at the time of arrival, which will result in less time for your session and possibly less final images. Please keep in mind that we may have other responsibilities after your session and therefore may have to cancel if you are unreasonably late. In which case the client will forfeit the full session fee and will have to reschedule the session at an additional cost, when we have a suitable opening available.
11. Liability
In the unlikely event that the photographer is injured, becomes too ill or are medically unable to photograph the session, Ilse van den Bergh Photography will make every effort to schedule a makeup session at the next available date at no additional cost, or return the client’s deposit should we be unable to do so. If the Photographer cannot fulfil this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, we will return the client’s deposit, but shall have no further liability with respect to this contract.
Ilse van den Bergh Photography takes the utmost care to prevent this, but in the unlikely event that images have been lost, stolen, damaged or destroyed for reasons within or beyond Van den Bergh Photography’s control, liability is limited to the return of all payments received for the session or to schedule a makeup session at no additional cost to the client.
Although Ilse van den Bergh Photography will do our best to avoid any accidents and/or incidents from happening, the Client releases all representatives of Ilse van den Bergh Photography, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.
The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Client’s use of the photographs.
Ilse van den Bergh Photography is by no means responsible for the quality of services (printing and other) provided by its business partners/other third parties.
12. Images and Products
Ilse van den Bergh Photography reserves the right to artistically interpret, photography and represent any scene, for instance resulting in some images being colour and some black and white. Should the images be rejected for any reason whatsoever after the shoot, the client will still be liable for the payment of the Invoice based on the final Cost Estimate in full. No License for Use will be granted in respect of the rejected images, notwithstanding payment as aforementioned.
Quantity of images depend on your selected package and the final images are carefully selected by us. Ilse van den Bergh Photography will do our best to ensure that you have a reasonable amount of final images, but there is no guarantee of the quantity of images provided, due to may factors and variable contributing to the photo session, including, but not limited to the weather, the cooperation of yourself, your spouse, child(ren) and/or pet(s), etc. – for which we will not be held liable. No images will be re-done on the account of models not cooperation. All images provided are final and subject to the photographer’s discretion and creativity. If any additional photographs or editing is requested after the final images have been supplied, it will be subject to additional fees as per our current pricelists.
You will receive some ‘teaser’ images shortly after your photo session, either via Facebook (to share) or by email. Depending on your package you will receive all edited high res images (for printing) and low res images (for online sharing) either via an online link or on USB. You will receive your images within 5-10 weeks of your photo session date – either collected from us, through an online link or mailed to you through courier to the address provided by yourself and at additional cost to you (to be quoted for on request).
Due to the nature of custom photography, all images/sales are final and cannot be cancelled should you order any prints, books etc.
Ilse van den Bergh Photography will keep all images on archive for a reasonable amount of time (at least one year from the date of completion), after which it may be permanently discarded. It is the client’s responsibility to backup any digital files you receive.
13. Applicable Law
This agreement shall be governed by the law of the Republic of South Africa, with the exception listed in Clause 1, Copyright Ownership.