TERMS & CONDITIONS
An agreement between Matthew Henning Photography and the client with regards to acceptable practice during the completion of the brief.
Please note, by making a payment to Matthew Henning Photography the client is agreeing to the terms and conditions of this document.
This agreement contains the entire understanding between Matthew Henning (pty) Ltd. (henceforth referred to as Matthew Henning) and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by both parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed
a waiver in writing.
RESERVATION OF SERVICES
A retainer fee and acceptance of the terms and conditions of this document are required to reserve the specified coverage. By paying the retainer fee the CLIENT agrees to the terms and conditions of this contract as well as the amount stipulated in the quote.
The parties agree to a consultation one to two weeks prior to the event date in order to finalize the actual shooting times, locations and the CLIENT's request list (in writing) for specific photographs. The CLIENT agrees to set aside one hour of time that ends at least one hour before the commencement of the event for the creative photo shoot. If the CLIENT's late arrival prevents this time allocation for creative photography from occurring, Matthew Henning shall not be held liable for failure to take desired photographs.
The parties involved agree to cheerful cooperation and communication for the best possible results within the definition of this assignment. Matthew Henning recommends that the CLIENT designates an 'event guide' to point out important individuals and moments for informal or candid photographs to the photographer during the assignment.
Matthew Henning will not be held responsible for failure to photograph certain individuals and situations not specified or requested in writing prior to the assignment. Matthew Henning will not be held liable for missed photographs due to individuals who fail to cooperate or appear during photography sessions.
SHOOTING TIME & ADDITIONS
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. The CLIENT and Matthew Henning agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the pre-scheduled start time.
Matthew Henning is limited by the guidelines of the venue officials or the relevant venue
management. The CLIENT agrees to accept the technical results of the venue official's imposition on Matthew Henning. Negotiation with the officials for the moderation of guidelines is the responsibility of the CLIENT, Matthew Henning will offer technical recommendations only.
Until final payment of services rendered is made, the photographs produced by Matthew Henning are protected by Copyright laws (all rights reserved) and may not be reproduced in any manner without Matthew Henning's explicitly written permission. Upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:
The images are the property of the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
The CLIENT must obtain written permission from Matthew Henning prior to the CLIENT or their friends and relatives publishing or selling the photographs for profit.
Matthew Henning also reserves the right to use such images for personal and commercial promotional purposes in any form. Matthew Henning reserves the right to publish, sell and reproduce any and all images resulting from this assignment
with the CLIENT.
The CLIENT grants Matthew Henning permission to display any and all images resulting from this assignment as an example of Matthew Henning's work in any form, as well as for commercial advertisement and entrance into photographic competitions and releases all claims to profits that may arise from use of images. Matthew Henning will not be held responsible for the exhibition of photographs by any third parties, including but not limited to friends, relatives, service providers and social media accounts. Matthew Henning recommends that the CLIENT inform all third parties who are privy to the images from this assignment regarding any restrictions on the exhibition of photographs.
No other commercial photographers, other than those appointed by Matthew Henning, may take any photos once it has been agreed upon that Matthew Henning will be photographing the event or assignment.
LIMIT OF LIABILITY
Matthew Henning takes the utmost care with regards to safety. However, in the unlikely event of any loss or damage for reasons within or beyond Matthew Henning's control, Matthew Henning will not be held responsible for any loss, injury or death resulting from this assignment. In the unlikely event that Matthew Henning, or another photographer working under Matthew Henning, is injured or becomes too ill to photograph the event, Matthew Henning will make every effort to secure a replacement photographer. 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 package. Matthew Henning takes the utmost care with respect to transportation, processing and backing-up the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Matthew Henning's control, Matthew Henning's liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of original images shall be a prorated amount of the images lost based on the percentage of the total number of originals.
In the event of cancellation by the CLIENT, the following sliding scale will be used to determine the refund value:
- Cancellation notice given 6 months or more prior to date of the reservation: The CLIENT is entitled to 100% refund on all monies paid
- Cancellation notice given 1-6 months prior to date of the reservation: The CLIENT is responsible for 20% of total quoted amount on coverage.
- Cancellation notice given 1 week - 1 month prior to date of the reservation: The CLIENT is responsible for 50% of total quoted amount on coverage.
- Cancellation notice given 1 day - 1 week prior to date of the reservation: The CLIENT is responsible for 100% of total quoted amount on coverage.
The retainer is due, and the terms of this agreement subsequently accepted, in order to secure a booking. The remaining balance is payable one month prior to the date of the event. By paying the retainer, the CLIENT agrees to the terms and conditions of this contract and formally accepts the full amount stipulated in the quote.
RESPONSIBILITIES OF THE CLIENT
Matthew Henning will not be held responsible for the loss, theft or any damage whatsoever regarding the images from this assignment once the CLIENT has received their images on the designated storage device. It is the responsibility of the CLIENT to ensure that these images are saved onto multiple storage devices and preferably backed-up to an online server or Cloud to avoid any damage or loss. Matthew Henning will not be held responsible for the loss, theft or any damage regarding albums and photo books once they have been delivered to the CLIENT.
The images that are presented to the CLIENT as part of the final delivery are selected according to the professional discretion of Matthew Henning. Images taken during the event may be excluded from the final delivery due to reasons including but not limited to improper exposure, duplication and focus, in order to maintain Matthew Henning's quality standard. Turn-around time of final delivery, including all digital images and albums, is subject to the current workload of Matthew Henning Photography, as well as any necessary cooperation required of the CLIENT.
It is the responsibility of the CLIENT to cater for all agents of Matthew Henning
present at the event.
Once an invoice has been issued, the CLIENT has 60 days to make payment. After which a late payment fee amounting to 1% per month will be charged to the account of the CLIENT.