TERMS + CONDITIONS
In the following terms & conditions “the photographer” shall mean Ashlee-Anne Kelly trading as Gypsy Dreams Photography. “The clients” shall be those persons defined as bride and/or groom or person responsible for the booking and payment of the shoot. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The client agrees that all images captured are copyright to and remain the property of Gypsy Dreams Photography. The entire copyright of the photographs is retained by the photographer at all times throughout th world.
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.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event 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 the 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 arrangements due to changes in weather an the availability and willingness of subjects.
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 colours 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.
i. A non-refundable booking fee of 50% of the full amount, will confirm your booking, as well as full acceptance of the terms and conditions as published on this website.
ii. The remaining balance due , will need to be paid in order to receive your photos.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. 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 endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL FILES
i. All digital files (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital files to the client(s) for their own non-commercial use.
ii. All image files are captured in RAW format to ensure high quality. No RAW files will be given to the Client under and circumstances whatsoever. These files are large in size and require specialised software to view and edit. Client will receive images in a JPEG format only.
iii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding/event/session, due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
iv. Files will be sent to client via WeTransfer.
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the shoot. At weddings, the photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. At weddings, a meal is not a requirement, however one would be greatly appreciated.
iii. At weddings, the photographer will stay to photograph beyond the first dance stay until approximately 9pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
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
i. If the client(s) should have to cancel a booking their 50% deposit is non-refundable. However the Photographer and Client will reschedule the booking where availability for both parties allows so.
i. The photographer will endeavour to deliver digital files as quickly as possible. For Family, Portrait, Property, Yoga, Newborn, Pregnancy and Engagement Shoots the lead time is 2-7 days. Weddings and product photography could take up to 2-6 weeks during.
11. IMAGE SIZE, COLOUR, STYLE + COMPOSITION
i. All image sizes are approximate. The photographer will provide a pealing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record on film or in print the exact colours as seen by the human eye. There is no right to reject on the bases of style or composition.
i. In the unlikely event that Client is completely dissatisfied with the final results with valid reason, Photographer will reshoot at a 75% discount from the original quotation. In the unlikely event that the finished product from a photo shoot/session is unusable due to technical problems (camera failure or exposure problems), Photographer will reshoot at no additional charge. No refunds will be given after the photo shoot or retouching process.
13. RELEASE FORM
i.The model release form (See attached) is a contract that outlines the agreement between a model and the photographer. A model release allows the photographer to use the photos promotionally or sell the photos commercially.
14. EXPENSES INCURRED:
i. When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided and arranged by the CLIENT
i. Due to the sensitive nature of camera equipment, Photographer reserves the rights to stop shooting, and take necessary steps to protect the camera equipment, in the case of bad weather breaking out. Photographer will not be held responsible for any loss of photographs due to weather conditions. If it is not possible for a photo shoot/session to take place on the scheduled day due to weather, Photographer and Client will reschedule on an agreed date as soon as possible with no additional charge. If there is an alternative indoor location that either The Photographer or Client can arrange, the shoot will go on.
16. TRAVEL EXPENSES
i. Free travel for local shoots with in a 10km radius of Rosebank
ii. Weddings- free travel for 50km outside Gauteng, then AA rates and tolls are applied.
i. Client shall not hold Photographer responsible for any injury or harm that may come to Client/s during a photo shoot/session.
18. LIMIT OF LIABILITY
i. In the unlikely event that the assigned Photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event(s).
ii In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Photographers liability is limited to the return of all payments received for the event(s).