Terms & Conditions
In the following terms & conditions, “the photographer” shall mean Influence Through the Lens. “The clients” shall be those persons defined as the clients purchasing the service of photography and/or videography. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. Copyright and ownership of Materials
i. The entire copyright, title, and intellectual property rights of any images will remain that of the Photographer at all times throughout the world.
2. Right to a Credit
i. The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted. Please credit ‘Influence Through the Lens’.
3. Display
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, etc.
4. Creative license, coverage, and reproduction
i. Photographs taken during the course of the event or session will be at the discretion of the Photographer although every effort will be made to comply with the clients’ requirements
ii. Special requests are not binding instruction, although every effort is made to comply with client’s wishes. The Photographer(s) will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangement due to changes in weather and the availability and willingness of the subject(s).
iii. (For weddings) For a booking involving a church ceremony or at certain venues, the Photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure.
5. Exclusivity
i. The usage rights granted are personal to the Client and may not be assigned, nor may any images submitted to the Client be loaned or transferred to third parties.
ii. The Photographer reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.
iii. The Photographer retains the right in all cases to use the Images covered by the agreement at any time and in any part of the world for the purposes of advertising or otherwise promoting his work
6. Payment and Payment Terms
i. (For weddings) A non-refundable booking fee of 40% of the agreed price will confirm your booking, as well as full acceptance of the terms and conditions as published on the Photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full must be due before the delivery of the photos
iii. Titles to all goods remains with the photographer until paid for in full by the client(s)
iv. Where extra expenses or time incurred or needed by the Photographer as a result of alterations to the original brief by the Client or otherwise by their request, the Photographer will reserve the right to charge the Client extra expenses and fees.
v. If the Client changes the length of the job, the fee will increase as per the agreed hourly rate.
7. Force Majeure
i. In the very unlikely events of cancellation by the Photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The Photographer will endeavor to put the client(s) in touch with another photographer in the event that they are unable to attend the event/session due to any cause beyond their reasonable control e.g., sudden illness, injury, victim of crime, traffic conditions, etc.
8. Personal Accident
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons’ own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. Cancellation Fees
If the client(s) should have to cancel a booking, the following cancellation fees will become due immediately upon said cancellation:
i. Cancellation from the booking date and more than two weeks to go until photoshoot, the deposit will count as the cancellation fee and will therefore not be returned.
ii. (For weddings) Cancellation with less than two weeks to go until the date of the photoshoot, 50% of the agreed price for the complete photographic coverage booked.
10. Delivery
i. (For Weddings) The Photographer will endeavor to deliver digital negative files within 1 month of the wedding date. However, this could take up to 6 weeks during busy periods.
ii. (For Photoshoots) The Photographer will endeavor to deliver the digital negative files within 7 workings days after the photoshoot. However, this could take up to 10 working days during busy periods.
11. Archiving of Images
i. All final images will be stored and archived by the Photographer for 1 year. If the archived photographs are required after that time or additional storage time is required, an administration fee may be charged. If the Photographer loses images stored in the archive or are stolen, the Photographer is not liable beyond 1 year of storage.