TERMS & CONDITIONS
The “Client” (or “you/r”) herein refers to the person or organization, its representatives, successors, assignees, agents and affiliates or family members requesting the provision of photographic services and supply of photographs. The “Photographer” (or “us/our/we”) refers to ZAPHRIKA and all its photographers, directors, shareholders, representatives, associates, assistants, affiliates and/or assignees.
Any payment made to us (deposit and/or final balance settlement) indicates that you have read and understood all the terms and conditions as set out in this document, in its entirety. Your payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly, and in writing, prior to accepting our service.
No variation of the terms and conditions of this contract shall be recognized unless explicitly agreed to in writing. The commencement of the shoot signifies the acceptance of the Cost Estimate in its entirety, and the adoption of this agreement and all its terms and conditions by all parties.
This agreement shall be governed by the laws of the Republic of South Africa:
Photography Rates & Packages
Our fees and packages are only valid for a limited time, and may be amended from time to time as required. Should we have provided you with a quotation for photographic services, or you have seen our packages on our website you are not guaranteed of the rate unless it is confirmed by us in writing. Booking Reservation A 50% deposit is required to reserve your photo session date and photography package with ZAPHRIKA , as per our Invoice. The deposit secures your date and time and no session date will be guaranteed without it.
Deposit and Payment
Your session fee consists of a 50% deposit and the remaining balance, which is payable before your booking date or on the day at Zaphrika Studio and is not refundable. It covers our time and talent and secures your booking date at current prices (subject to change from time to time, which might include any future sessions). No images or products will be provided until we have received full payment, within the payment period agreed.
Where additional expenses are incurred by ZAPHRIKA due to changes in the original brief by the Client or by circumstances beyond the Photographer’s control, the client agrees to pay such reasonable expenses and/or fees at ZAPHRIKA’S normal rates. Any additional fees due to the client’s choice of location (e.g. entrance fees, venue fees, etc. if applicable) will be for the client’s account. The client is responsible to confirm whether any such fees are applicable and for making any necessary arrangements in advance to use the relevant venue as location. Any prints, photo books and/or other products are additional, not included in your session fee and to be quoted for separately.
Cancellation/Rescheduling of Photo Session
Any deposits paid are non-refundable, should you decide to cancel your photo shoot. Should you need to re-schedule, please do so at least 7 days prior to your booking date, so that we have time to fill your booking slot. Should you/your child/ren be ill or have a family emergency, death in the family or any other life altering situation, you may reschedule your session – please notify us as soon as possible (preferably at least 24hr in advance if possible).
Model Release, Consent and Photographer’s Use of Images
ZAPHRIKA retains the right to use the photographs or images in any manner, at any time and in any part of the world for self-promotional purposes – including but not limited to advertising, publication, publicity, display, web content or anything else promoting our business. The client hereby releases ZAPHRIKA and its legal representatives and assigns from all claims and liability in relation to said photographs. Should the client not wish for his or her images to be used in social media, then please indicate this in writing. The client hereby consents and agrees that ZAPHRIKA has the right to take photographs of you and/or your child(ren), pets and/or property, if applicable. The client hereby certifies that he/she is the parent or legal guardian of any minor(s) as represented in this contract, if applicable and have the legal right and authority to execute the model release, as stipulated in this contract, on behalf of the minor(s) – to be used as described above.
In the unlikely event that the photographer is injured, becomes too ill or are medically unable to photograph the session, ZAPHRIKA , will make every effort to schedule a makeup session at the next available date at no additional cost, or return the client’s deposit should we be unable to do so. If the photographer cannot fulfill this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, we will return the client’s deposit/fees paid, but shall have no further liability with respect to this contract. ZAPHRIKA takes the utmost care to prevent this, but in the unlikely event that images have been lost, stolen, damaged or destroyed for reasons within or ZAPHRIKA’S control, liability is limited to the return of all payments received for the session or to schedule a makeup session at no additional cost to the client. Although ZAPHRIKA will do our best to avoid any accidents and/or incidents from happening, the client releases all employees of ZAPHRIKA, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session. 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.
ZAPHRIKA is by no means responsible for the quality of services (printing and other) provided by its business partners/other 3rd parties.
Images & Products
ZAPHRIKA reserves the right to artistically interpret, photograph and represent any scene, for instance resulting in some images being colour and some B&W. Should the images be rejected for any reason whatsoever after the shoot, the client will still be liable for the payment of the Invoice based on the final Cost Estimate in full. No License for Use will be granted in respect of rejected images notwithstanding payment as aforementioned. Quantity of images depend on your selected package and final images are carefully selected by us. ZAPHRIKA will do our best to ensure that you have a reasonable amount of final images, but there is no guarantee of the quantity of images provided, due to many factors and variables contributing to the photo session, including, but not limited to the weather, the cooperation of yourself, your spouse, children and/or pets, etc. – for which we will not be held liable. No images will be “re-done” on account of models not cooperating. All images provided are final and subject to the photographer’s discretion and creativity.
You will receive some “sneak peek” images shortly after your photo session, either via Facebook (to share), by Instagram, Whatsapp or by email. You will receive all edited high res images (for printing) and low res images (for online sharing) within 3 – 6 weeks of your photo session date, these images will be either transferred with an online gallery–from us mailed to you.
Due to the nature of custom photography, all images/sales are final and cannot be cancelled should you order any prints, books etc.
ZAPHRIKA will keep all images on archive for a reasonable amount of time (at least 6 months from the date of completion), after which it may be permanently discarded. It is the client’s responsibility to backup any digital files you receive.