1. WHAT YOU (CLIENT) WILL RECEIVE:
1.1. The package fees cover the photographer’s time, talent, and detailed editing of the number of images the client has chosen for their package. Client will receive the Colour and Black & White copies of their images in High resolution, supplied via a download link to their E-mail. Once the client has been notified that their images have been sent, it is the client’s responsibility to download and back-up their images, as the system will delete them after 3 days. Jessie K Photography does not provide long-term storage for images and they will be deleted after 6 months to mitigate storage space and costs. Client will also receive one edited sneak peek within 24-48hrs hours after the session. Sneak peeks for sessions done over the weekend will be sent out the following Monday after the shoot. Should client lose their photos and require photographer to reload and send a new download link, a once-off fee of R450 will apply each time.
1.2. NO unedited/RAW files will be given. – NO EXCEPTIONS. The photographer will not be held responsible for any shots not taken, resulting in not being able to provide a full gallery as per package chosen, if client/baby is non-cooperative or if client is late for their shoot. Should client want to add extra photos to the package it will be a R150 per additional photos. BUYOUT PACKAGE OPTION: Full Gallery Buyout – R10,000 – All usable photos edited.
2. WHEN WILL YOUR (CLIENT) FINAL IMAGES BE READY:
2.1. Client will receive an email within TWO days after their session in which you will find a link to your photos from the session. This is solely for the purpose for client to select the ones they want in the final delivery. Thus these images will be the unedited, watermarked photos. NO UNEDITED OR RAW PHOTOS WILL EVER BE SUPPLIED – NON NEGOTIABLE.
2.2. The photographer will provide detailed instructions on how to select. Client has 30 days from the date of the shoot to make their selections. In the event the client does not select within 30 days, the photographer will remove the client’s online gallery to make space for future galleries to be sent. Thereafter, The Photographer will reload the photos once client confirms they are able to select. Should client prefer the photographer select the photos for the package on client’s behalf, the client understands that the selected photos will be according to photographers preference. Thus, should client not be happy with the final photos selected, edited and provided by photographer and want additional photographs to be added, it will be charged for accordingly. Once client or photographer have selected the images, the photographer will then start editing. Client’s images will be ready within 4 weeks/28 business days (Excluding Public holidays, weekends and business closing season) UNLESS OTHERWISE STATED WITHIN YOUR CHOSEN PACKAGE – from the day photographer receive the client’s final selections, unless otherwise specified, or if additional photos are added. This does not mean your photos will take 4 weeks total, therefore can be delivered at any stage WITHIN 4 weeks.
2.3. IMPORTANT – Express Delivery: Should client want express delivery (GUARANTEED delivery of final edited photos before 28 business days), photos can be edited and delivered within 2 days from date of photo selections for an upfront fee of R1200. This needs to be arranged for upon booking your session and CANNOT be done only after session has been completed.
3. TERMS OF USE
Jessie K Photography owns the copyright on all Images which may be reproduced for commercial use and promotional purposes. Client agrees to the publication of the images on the photographer’s website, Facebook, Instagram and any other platform that may be added. If client does not want their photos published to social media (this excludes publishing to the website and any promotional material such as pricing guides) , the client must give written objection before their booked session is entered into. The photographer is released from all claims and liability relating to these images. Reproduction or editing of images without express consent from the photographer is unlawful and strictly prohibited.
4. DEPOSIT
4.1. All bookings made are required to pay a 50% deposit in advance to secure client’s booking in our diary. The deposit amount is deducted from your invoice and the balance is to be settled 7 days (1 week) prior to the actual photo session. No date/time can be reserved until payment/deposit fee has been made. Client has 24 hours of invoice being issued to pay and book their date. The photographer will also allow a payment plan of three separate payment installments to be made by no later than 7 days before the client’s shoot. Alternatively, we’ve partnered with @PayflexZA to bring you flexible payment upon booking. Shoot now. Pay later. At 0% interest.
4.2. Should client NOT pay and book within that 24 hour period, date will automatically (without notice) be made available for other clients to book. In the event you book a maternity and Baby combo package, full fee is due before maternity session as this is a discounted package.
4.3. Weekend/Public Holidays are available upon request to book, this does come with an additional charge of R500.
4.4. Last-Minute Booking Policy (Less Than 7 Days)
For any booking made within seven (7) days of the scheduled session date, the full session fee is required immediately upon booking in order to secure the appointment. IMMEDIATE PAYMENT if you bank with any other bank other than FNB. Payment must be made in full at the time of booking — no exceptions will be made. If payment is not received immediately, the requested date and time will not be reserved.
5. LATE COMINGS AND RESCHEDULE POLICY/FEES
5.1 The photographer has limited bookings scheduled daily to accommodate personal sessions to families, therefore by agreeing to the terms of this contract, the client understands that they will be held responsible for any reschedule fees and the late coming policies.
5.2 Client UNDERSTANDS that they agree to the following;
5.2.1. The CLIENT forfeits their shoot/session in the event the CLIENT is more than 15 minutes late for their agreed session time. If client is running late for their session, they are responsible to communicate this to the photographer.
5.2.2. In the event client is more than 15 mins late and would like to extend their session time by 30 mins at additional charge of R750, they need to communicate this. This will only be applicable in the event the photographer is able to accommodate a session extension. Invoice for this session extension will be issued after the client’s session and is due to be settle withing 24hrs of the invoice being issued. No photos will be released in the event payment has not been received.
5.2.3. In the event the photographer’s schedule does not allow client to extend their session time at all, the client can either reschedule the shoot at a flat rate of R750 to book another date, or decide to cancel their shoot altogether – cancellation fee applies. (Clause 6)
5.2.4. If you (client) no call /no show after 15 minutes into session, you (client) are forfeiting your (client) session and your full package fee and cannot be transfered to another date/package. Client will be responsible to book a new session (at full package fee). Please be mindful that when we block off a time spot for you, we are holding that spot for only you. Therefore, we are not able to schedule someone else. We will not tolerate no call no show clients.
6. CANCELLATION POLICY / CANCELLATION FEES:
6.1. Client understands that by entering into this agreement, the photographer is foregoing other photographic jobs. In the event of the cancellation of the photographer’s services, client will not be refunded a cancellation fee of 50% of their total amount invoiced in order to offset the loss of the business and time the photographer has already invested in aiding client and preparing for client’s studio session. In the event client has also booked the photographers Makeup Artist, and cancels their shoot, the makeup fee will be charged for in full on top of the cancellation fee of 50%. Cancellation is to be given to the photographer electronically in writing. In the event the Photographer cancels the session to be rescheduled for another date, the Client will NOT be held responsible to pay the Reschedule fee of R750. In the event the client makes use of PayFlex payment option and cancels their shoot, they are responsible to pay the 50% Cancellation fee as well as the service fee (the photographer) incurred through PayFlex services. Should client give birth prior to the book maternity session – client can either opt to convert the package to another shoot. Should client choose to not do a shoot and cancel their package altogether, the cancellation fee will still apply. (This goes for any package booked.)
6.2. In the event client books the maternity/baby combo package and completes the maternity portion and then cancels the second half of the combo package (The newborn/family/milestone package), the client forfeit the combo discount and the package will therefore revert to a maternity session only and will be billed for such based off the maternity package (Cost of package and what it includes, anything additional will be charged for).
6.3. The photographer will NOT reshoot nor refund if Client is unsatisfied with the outcomes that are beyond the photographer’s control; i.e. body weight, or appearance, positioning, pose, or expression, non-co-operation of individuals, wardrobe choices, styling choices, weather or makeup etc. By booking the photographer, you acknowledge that you are familiar with the photographer’s style of shooting and editing. Requests for changes to this established style will not be accommodated.
7. YOUR BOOKED SESSION DATE AND TIME:
7.1. Client & Photographer will meet at pre-determined Date, Time & Place. DO NOT BE LATE! If possible, Client should give written notice 48 hours prior to the session in the event they might not make it at agreed time. The client understands that session times are booked according to a shooting schedule and photographer will not be held liable for client’s loss in session time, cancellations or reschedule fees. The client is responsible for arriving on time.
7.2. IN THE EVENT THE CLIENT IS MORE THAN 15 MINUTES LATE, The client automatically forfeits their shoot/session.bbb
7.3. Tradiness: Whether that be getting the kids ready or navigating through rush hour traffic. If you are running late, please inform me. I respect every single client’s time and put an incredible amount of effort into scheduling and planning a session, so please respect mine. Calculate YOUR travel & traffic time accordingly!Photographer will NOT be held responsible for any costs the client incurred in the event the client runs late for the booked session. Either your session will be forfeited and you can reschedule another date (The reschedule fee of R750 WILL BE applicable) or a refund will be made according to refund policy. In the event session has to be cancelled for any reason, refund will be done according to refund policy ( non-refundable cancellation fee).It is not the photographer’s responsibility if your makeup artist/hairstylist arrives late or causes delays. If you arrive late to your session, you accept full responsibility for the reduced shooting time. Your makeup artist was given their full allotted time, and it would be unfair to expect the photographer to rush the session due to delays outside of their control.
7.4. PROLONGED POSTPONEMENTS – In the event client has made payment towards their initial booked session, and unable to do the shoot due to any circumstances, client has 6 months from their initial shoot date to complete a photoshoot session. Any postponement after 6 months, client will forfeit their payment made towards their session and therefore the payment amount cannot be used towards another photoshoot after 1 year. NO EXCEPTIONS.
8. INJURY/DAMAGES
8.1. Client shall not hold the photographer responsible for any injury or harm that may come to Client/s during the photoshoot session. Any damages to the photographer’s property/valuables incurred during the session by the Client/and their party, the Client understands that they will be held responsible for the cost of damages and will be invoiced after the session.
9. WARDROBE AND MAKE-UP
9.1. The photographer will NOT be held liable for wardrobe failure for client’s own wardrobe (excluding photographer’s outfits and Makeup). Including but not limited to visible objects in pockets, underwear showing or fitted incorrectly, missing fingernails, chipped nails, unshaved armpits, legs or arms. Client shall also not hold photographer liable for make-up failure including but not limited to uneven tone, blotched or irritated skin, smudges or clogged mascara etc. Photographer will endeavour to try and remedy above mentioned issues onsite if possible but are in no way no obligated to do so.
10. EDITING/RETOUCHING OF IMAGES
10.1. Basic retouching (removing of minor imperfections like fly aways, blemishes, pimples) and editing (adjusting exposure, contrast, white balance, cropping, vibrancy and sharpening) , blemish removal (including stretch marks) will be done. Any special editing requests beyond the scope of what is included in the editing will be evaluated and quoted at R350 per hour. This includes but is not limited to creating of collages, body alterations (thinning of legs, arms, butt etc., removing of underarm rolls), changing of backdrop colors, adding or removing elements and so forth. Editing time will also be evaluated upon any special requests. Thus photos can take longer than the initial 4 week deadline period in the event additional editing has been requested. Requesting of editing that changes the style of the photographer completely is strictly prohibited, that includes but is not limited to, drastic changing of backdrops (from brown backdrop color to blue color with added elements or to look like an outdoor location), adding of items/objects or removing any and so forth. Any requests will be evaluated and advise whether doable or not.
By booking the photographer, you acknowledge that you are familiar with the photographer’s style of shooting and editing. Requests for changes to this established style will not be accommodated. In the event client requests re-editing of their photos (after photographer has completed their gallery), a charge of R100 per photo will apply.
11. INDEMNITY CLAUSE
11.1. The due performance of this contract is subject to alteration and/or cancellation by either party owing to any cause beyond their control and they will not be liable in respect of any loss and/or damage of whatsoever nature caused by, or arising from, any of the following circumstances:
11.1.1. Force majeure (Acts of God);
11.1.2. Any act or circumstance resulting in the loss, damage, destruction, theft and such other related events of photographic material (including camera equipment);
11.1.3. Malfunctioning of camera equipment, including but not limited to memory card, flash equipment and other related equipment, where reasonable precautions have been taken.
11.1.4. Loss of negatives/RAW Files, memory card and/or digital information by the photographer; can result in having to reshoot/client and photographer to come to an agreement.
11.1.5. The Client(s) further hereby indemnifies and holds the Photographer harmless against any and all liability, claims and expenses, including attorney’s fees, arising from Client(s) use of the Photographer’s work. The Client(s) further assumes liability and also indemnifies the Photographer for all loss, damage or misuse of any photographs or other material as supplied by the Photographer herein.
11.1.6. Should any of the above events take place, the situation will be evaluated and the best solution will be discussed i.e. could be a reschedule of the session date (no extra cost), transfer to another type session or a refund of package fee (minus the non-refunable retainer/cancellation fee – Clause 6).
12. ARTISTIC STYLE
12.1. On its own behalf and on the behalf of the subject: Client acknowledges that it is familiar with the photographer’s portfolio and is requesting services with knowledge of the photographer’s most recent style. That the photographer’s work is constantly evolving; that the photographer’s services are of unique and artistic nature; that the photos may be different from the photographer in the past; and that in creating the photos, the photographer shall use her personal artistic judgement to create images consistent with her personal vision of the event, which may be different from the clients’ and/or the subjects’ vision of the event. Accordingly, client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria. Graphic Art/Digital background photos – photographer will advise if requested graphic art is suitable for chosen photo.
13. SPECIALS/VOUCHER GIFTS/MINI SESSIONS
13.1. Vouchers of any kind can not be exchanged for monatery value and is only valid for 1 year (12 months).Specials only applied to new inquiries/bookings made (therefore not valid to clients who have inquired prior to special launching). Specials will only be valid for the months as advertised. Deposit is due no later than 24 hours of invoice being issued. Should the special expire, and no deposit has been paid, client will be responsible for paying the full session price (No special discount). If you booked a session during a promotional special, but did not attend that session and later choose to reschedule to a different type of shoot while using the original payment as credit, please note that the previous special or discount does not transfer to the new session. The full current fee for the new session will apply.
14. SAFETY:
The photographer reserves the right to terminate the session and ask the client to leave (at any given stage), if the photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the shoot or in the event the safety of the photographer is in question. Disrespectful behaviour will not be tolerated.
