Terms & Conditions
By the act of paying for a photo session it confirms acceptance of the following Terms & Conditions. Nadine Dutton Photography specializes in the following genre in photography only: Small Family Portraiture, Maternity Portraiture, Newborn & Children photography, Baby Showers & Christening. For all other genre’s not listed may require an additional contract, please contact me so I can refer you extra addendum’s.
1. Booking a Photo Session: A 50% Booking Fee is payable to secure the date & time agreed on. This Booking Fee is non-refundable nor transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Payment of the balance must be paid no later than 1 week before the date of the booking. Any additional payments for extra images, albums, photo prints & canvasses or any other services are to be made when order is placed.
2. During you Photo Session: Client & Photographer will meet at pre-determined date, time & place. Duration of photo shoot/session will depend on Client/s, enough time will be set aside to acquire pre-selected amount of images.
3. Post Session: Client will receive ONE sneak peak photo on social media 48 hours after photo session. The retouching process takes approximately 2-6 weeks to complete dependent on the level of retouching required, amount of images to be retouched, and Photographer’s schedule. Photographer will choose the best images for edit. NO unedited images will be given under any circumstances!
4. Wardrobe: Photographer will not be held liable for wardrobe failure, including and not limited to visible objects in pocket. Photographer will not be held responsible for unclear eyes while client is wearing reflective or bifocal glasses.
5. Final Product: Once the Final and Finished Branded Product is ready, Photographer will arrange date and time for collection. If a canvas or other products are included with package, Client will choose photo and send photo number to Photographer to be printed. Photographer will endeavor every effort to deliver these extra products, totally dependent on third-party (printing company), as soon as possible.
6. Copyright: The Client agrees that all images captured are copyrighted to and remain the property of Nadine Dutton Photography. The entire copyright in the photographs is retained by the photographer at all times throughout the world. No copies of images may be sold for profit, in either print- or digital format, by Clients or associates. The photographs given are considered final and may not be altered or edited by anyone else in any way without the written consent of the photographer. Clients will be granted a print-release permitting Clients to print copies of their allocated images for personal use only. (Personal use includes social media, displaying on a non-profit base, allocating to friends and/or family, and related)
7. Model Release: Client grants to Photographer, their legal representatives and assigns and any photographer acting with them, the irrevocable and unrestricted right to use and publish photographs of Clients, Clients child/ren, and guests, or in which Clients may be included for editorial, trade, advertising and other purposes (except pornographic, defamatory, libelous or otherwise unlawful), and in any other manner and medium, to alter and copyright the same without restriction. Clients hereby release Photographer, their legal representatives and assigns, and any photographers acting with them, from all claims and liability relating to said photographs.
8. Retouching, Edits and Digital Files: Standard portrait retouching includes: blemish removal, eye brightening, teeth whitening, contouring and general editing to contrast, levels, saturation, exposure etc. for a stylized effect.
9. Image Size, Colour, Style and Composition: All image sizes are approximate. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record on film or in print the exact colour as seen by the human eye. There is no right to reject on the basis of style or composition.
10. Original Files: All image files captured by Photographer are in RAW format to ensure high image quality. No RAW files will be given to Client under any circumstances whatsoever. These files are large in size and require specialized software to view and edit, Client will receive a selected amount of images in JPEG format only.
11. Print Life: Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks. Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
12. Guest Co-Operation: The Client is responsible for the conduct of their guests. Photographer will not tolerate verbally or physically abusive behaviour, nor will Photographer share their time, or compete for the attention of subjects. Unchecked guest conduct interferes with the quality of the images and the time taken to retake missed images due to guest involvement. A loss in time results in a loss in images of other subjects. Under no circumstances will guests be present at Wedding Party photo session, this includes photographing and/or being photographed. Photographer reserves the right to ask this person/s to excuse themselves, and/or stop photographing.
13. Co-Operation / No Shows: The Parties agree to positive co-operation and communication for best possible result within the definition of the assignment. Photographer is not responsible for key individuals’ failure to be present and/or co-operate during photo sessions throughout the session time, neither for missed images due to details not revealed to Photographer in advance. The photo shoot / session can be rescheduled at the original portrait session fee.
14.1 Reshoots: In the unlikely event that Client is completely dissatisfied with the final results with valid reason, Photographer will reshoot at a 70% 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.
14.2 Reshoots must be booked within 12 months from date of unsuccessful original booked date.
15. Injury: Client shall not hold Photographer responsible for any injury or harm that may come to Client/s during a photo shoot/session.
16. Weather: 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
17. Non-Disparagement Clause: Client; and their attendees; agree that they will not disparage Photographer, or post any negative statements, reviews, comments, or feedback about Photographer or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook and Twitter. Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has failed to comply with this provision, liquidated damages of R25 000.00 shall be payable.
18. Attendance: In the unlikely event that the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on her behalf to undertake the photography.
19. Technical Difficulties (Studio Bookings): In the case of a power outage or lack of electricity for any other reason, Photographer reserves the right to stop shooting, and alternatively grant a reshoot on an agreed date as soon as possible free of charge. Photographer can- and will not photograph in low-light conditions with a camera flash, as this will result in poor quality images. *This clause applies to newborn photography in low-light conditions only.
20. Limitation of Liability: In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
21. Exhibition: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographers work and for entrance into photographic competitions. Clients release all claims to profits that may or may not arise from use of such images. ** If any boudoir worthy (nude) photos should be taken, Photographer will not exhibit these in any form, on Clients request.
22. Entire Agreement: These terms & conditions contain the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.