Introduction
We are dedicated to providing exceptional photography and videography services tailored to meet your needs. To ensure clarity and mutual understanding, please review the following Terms and Conditions, which apply to all engagements unless specified otherwise.
Definitions
- “The Service Provider”: Brandon Barnard, DBA Brandon Barnard Photography.
- “The Client”: Any individual, firm, or company engaging the services of the Service Provider.
- “Services”: Includes both photography and videography work provided by the Service Provider.
Acceptance of Terms and Conditions
By accepting the Service Provider’s cost estimates or engaging their services, the Client acknowledges and agrees that all contracts and transactions, whether oral or written, are governed by these Terms and Conditions. It is understood that by engaging the Service Provider’s services, the Client accepts these terms in their entirety.
Website Usage
The content and images on this website are copyrighted by Brandon Barnard Photography. No content, including videos, may be reproduced without express written permission. This includes, but is not limited to, images and videos used on this website and those provided to clients.
Payment Terms
- Deposits: A non-refundable deposit of 50% or 60% is required to secure a booking. This deposit is necessary for confirming the date and ensuring priority booking.
- Final Payment: The remaining balance is due on the day of the photo or video shoot. Payment must be made in full before any images or footage is released. Payments can be made via Electronic Funds Transfer (EFT) or other methods agreed upon prior to the shoot.
- Overdue Payments: Interest will be charged on overdue payments at a rate of 2.5% per month.
Retention of Title
The Service Provider retains ownership of all materials, images, and footage until full payment has been received. The license to use images or footage is contingent upon the complete payment of all invoices.
Booking and Charges
- Booking Types: Bookings can be made by the hour, half-day (up to four hours), or full-day (up to eight hours). Overtime charges apply for work before 8:00 AM or after 6:00 PM, and on Sundays and holidays.
- Preparation and Wrap Time: Preparation time is billed hourly with a minimum of two hours.
- Travel Time: For shoots outside Johannesburg or requiring travel exceeding one hour, travel time is billed at a half-day rate.
- Domestic/International Travel: Clients are responsible for covering all travel expenses for national or international shoots, including transportation, accommodation, and necessary visas.
Cancellation and Postponement Fees
- Cancellations: Deposits are non-refundable. Cancellations less than one week before a booking will incur the full fee. Same-day cancellations are charged at the full-day rate.
- Weather Permit: Specific weather conditions must be specified in advance. Cancellations due to weather are charged as a half-day if 24 hours in advance, or a full-day if on the same day.
- Postponements: Postponement after the Service Provider has departed incurs a 100% fee, and a 50% fee if before departure. Fees apply regardless of reasons, including weather or acts of God.
Delayed, Suspended, or Abandoned Projects
- Delayed Projects: If a project stalls due to lack of response for more than five business days, it may be delayed.
- Suspended Projects: Projects are suspended after 15 days without response. Reactivation requires all necessary items and a fee of 15% of the project total, in addition to settling any outstanding balance.
- Abandoned Projects: Projects are considered abandoned after 30 days without response. The reactivation fee of 15% of the project total still applies, alongside the settlement of any outstanding balance.
Overruns
Additional charges apply for assignments that exceed the agreed time due to factors beyond the Service Provider’s control. Any extra time required will be agreed upon verbally or in writing and reflected in the final invoice.
Completion of Work
Work is complete when the agreed material is delivered, including a Wetransfer.com link or access to a web gallery. No images or footage may be copied or used without express permission.
Conduct and Liability
The Client is responsible for the behaviour of anyone accompanying them. The Service Provider reserves the right to terminate an assignment if behaviour is unsafe or unruly, with full fees still applicable. The Client is liable for any damage to property or equipment caused by themselves or their agents.
Delivery of Products and Services
Products and services are provided on a best endeavours basis. The Service Provider is not liable for delays beyond their control, including postal delays, acts of God, or other unforeseen circumstances.
Prices & Terms
All prices are subject to change without notice. The Service Provider reserves the right to amend these Terms and Conditions at any time.
Copyright and Usage
- Ownership: The Service Provider retains copyright of all images and footage created. Clients must not reproduce or copy images or footage without permission. Use of images or footage for commercial purposes without permission is subject to additional fees and damages.
- Additional Usage: Any usage beyond what was agreed upon during quoting is subject to new permissions and may incur extra charges.
- Licence: A non-commercial licence is granted at no cost as long as credit is given and the Service Provider is notified. Commercial use requires explicit permission and may involve fees.
- Right to Reproduce: The Service Provider reserves the right to use images and footage for promotional, marketing, and editorial purposes.
Model and Talent Clauses
- Model Release Forms: The Client is responsible for obtaining model release forms for all individuals photographed or filmed. The Service Provider may provide a template but is not liable for the legal validity.
- Contracts and Payments: The Client handles contracts and payments for models unless otherwise agreed in writing.
- Indemnification: The Client indemnifies the Service Provider against claims related to the use of images or footage involving models or talent.
Photographic and Videographic Integrity and Alterations
The Client must not alter images or footage without permission, except for standard adjustments like colour or brightness. Any modifications require the Service Provider’s consent.
Rejection and Payment
The Client acknowledges that the Photographer/Videographer’s style and composition are subjective, and therefore, the Client does not have the right to reject work based on style or composition alone. In the event that the Client wishes to reject work, a rejection fee must be agreed upon in advance. Payment for the services rendered is required regardless of whether the images or footage are used by the Client.
Dispute Resolution
In case of disputes, the Client agrees to resolve the issue through arbitration or mediation at the Service Provider’s discretion.
Kill Fees
If the work is rejected after the brief is met, full payment is required. Non-publication of images or footage, through no fault of the Service Provider, does not exempt the Client from payment.
Applicable Law and Jurisdiction
- Primary Clause: This agreement is governed by the laws of the Republic of South Africa. Any disputes arising from this agreement will be resolved in South African courts.
- International Engagements: For international engagements, the governing law and jurisdiction may be subject to separate written agreements. This can involve either the Client’s local laws and courts or a mutually agreed neutral jurisdiction.
- Neutral Jurisdiction Option: For cross-border contracts, a neutral jurisdiction, such as the United Kingdom, may be chosen to ensure fair and impartial legal processes.
Variation
Any changes to these Terms and Conditions must be agreed upon in writing by both parties.
