Terms And Conditions
(updated 2022-02-14)
PLEASE READ THE TERMS BELOW CAREFULLY.  THESE TERMS AND CONDITIONS WILL APPLY TO ALL PHOTOGRAPHIC WORK COMMISSIONED BY A CLIENT AS DEFINED BELOW
Usage Rights and Licensing:
A Non-Exclusive License is granted to the Client for the usage specified in the brief, estimate or order confirmation.  This Non-Exclusive License is conditioned upon acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by the Client within the payment period agreed.  Once supplied and paid in full, the photographs/images may be used for any marketing use as agreed in writing on the invoice supplied.  Images may be used indefinitely for marketing purposes, whether for print, web based or any electronic medium.  However, no photographs supplied by Dawid Theron Photography may be sold for commercial gain without written permission of Dawid Theron Photography.  All rights not expressly granted to the Client remain the exclusive property of Dawid Theron Photography.  The Client may not transfer any License without the express written consent of the Dawid Theron Photography.
The Client recognizes that Dawid Theron Photography is the author of the photographs and the owner of the copyright subsisting in them, irrespectively of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 of 1978 as amended.
In accordance with section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall NOT apply to the photograph(s) to be made in terms hereof and the photographer will be the author of the work(s) and the copyright subsisting therein.
Dawid Theron Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context.  No property or copyright in any images shall pass to the Client whether on its submission, or on Dawid Theron Photography’s grant of reproduction rights in respect thereof.
Whilst copyright remains with Dawid Theron Photography, no photographs will be sold or provided to the owners unless written permission is provided by the client.
Payment:
Full payment must be received by Dawid Theron Photography within 10 days of submission of the photographs or prior to publication, whichever occurs first.  If payment is not received by the due date, any use of the photographs may, at Dawid Theron Photography’s discretion, be considered unauthorized and the License withdrawn and become subject to renegotiation.  The Client agrees to pay interest at 2.5% above the prime rate per month or part thereof on overdue payments.  All photographs commissioned for personal use which will not be used in a publication must be paid for in full before usable copies of the photographs would be released to the client.
The Brief:
It is the client’s responsibility to give Dawid Theron Photography a full written brief.  Where specific details are missing in the brief, the client undertakes to accept the photographer’s interpretation.
The Assignment:
The Client is responsible for always having a representative present when the assignment is being executed to approve style and content.  Where no representative is present, the client shall accept all decisions made by the Photographer in relation to execution of the brief.
Image Quantity
Image quantity will be determined by the property.
Postponement And Cancellation Fees:
The Client is responsible for all expenses incurred up to the time of cancellation, plus 50% of Dawid Theron Photography’s fee.  If cancellation or postponement is given less than 24 hours before the shoot, Client will be charged 50% of the fee.  If postponement given less than three (3) business days before the shoot, Client will be charged 25% of the fee.  Client will be charged 100% fee if postponement is due to weather conditions on location or 50% if postponement is due to weather conditions on the day of the shoot.  All hire costs will be paid in full for any cancellations made within 24 hours of the shoot day.
Exclusivity:
The Photographer retains the right to use the photographs in any manner, at any time and in any part of the world for self-promotional purposes.
Rejection:
The Client has no right to reject work based on style or composition unless a rejection fee has been agreed in advance.
Dispute Resolution:
In the event of any irresolvable dispute in the interpretation of the terms of this contract, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the photographer’s option.
Kill Fees:
If the Client decides to kill the work after the brief has been met and work has been delivered by the deadline date, full payment must be made.  If the photographs are not publishable, through no fault of the Photographer, the Client agrees to pay 100% of the Photographer’s account.
Additional Fees:
Additional charges will occur if the client requests work to be done that isn't included in the initial briefing.
Indemnity:
The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Client’s use of the photographs.  The Client indemnifies the Photographer against any claims brought against the Photographer by any third party during the shoot.
Acceptance Of These Terms and Conditions:
By paying the deposit, The Client agrees to Dawid Theron Photography’s Terms and Conditions as stipulated in this document, unless otherwise arranged.
Hereby the Client understands that they will not sign a printed Trust Agreement Document, unless requested, but by paying the deposit for the project, they agree to above Terms and Conditions. (As stated on all quotations and invoices).
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