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1. This Agreement constitutes an order for a photography shoot with Peter Driessel Photography, The Photographer, The Make Up artist and any other staff members (hereinafter referred to as “Peter Driessel Photography”) including the taking of pictures as agreed to by both parties; Peter Driessel Photography and you the contracting party listed below (hereinafter referred to as “client”), unless otherwise specified. It is understood that any and all rights to proofs, final or sample prints, or digital media, thereof (hereinafter referred to as “images”) shall remain the property of the Peter Driessel Photography and may only be used for advertising, display or any other purposes thought proper by the Peter Driessel Photography after obtaining a voluntary modelling release from the client.
2. The Client hereby agrees to engage Peter Driessel Photography to provide the Client with the following photography services:
□ Portrait □ Pet □ Family □ Boudoir □ Corporate Headshots □ Wedding □ Product □ Birthday □ Event
□ Other ________________________________________________________________________________________________________
3. If and to the extent that a Party’s performance of any of its obligations pursuant to this Agreement is prevented, hindered or delayed by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, revolutions, strikes, labor disputes, pandemic events (including but not limited to the COVID-19 virus) or any other similar cause beyond the reasonable control of such Party (each, a “Force Majeure Event”), then the non-performing, hindered or delayed Party shall be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues; provided, that such Party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay, including through the use of alternate sources, workaround plans or other means. The Party whose performance is prevented, hindered or delayed by a Force Majeure Event shall promptly notify the other Party in writing of the occurrence of a Force Majeure Event and describe in reasonable detail the nature of the Force Majeure Event. Under no circumstance, including force majeure, will Client be entitled to return of any booking fees paid. This limitation on liability shall also apply in the event that photographic materials or images are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise damaged without fault on the part of Peter Driessel Photography. Client agrees to limit Photographer’s liability to the amount already paid in this contract, for the package you have chosen as published on our website. Peter Driessel Photography reserves the right to discontinue or refuse service in the event that an unsafe condition arises such as an area being affected by a communicable disease or any client or person may have, or has, any communicable illness or disease. Peter Driessel Photography reserves the right to suspend or delay contracted services until all such risk has been minimized, which may include proof from a licensed medical provider confirming client or other persons are not contagious in any way. If Peter Driessel Photography cannot perform services due to illness of Client, Client will not be entitled to a refund for any monies paid if service is discontinued for reasons stemming from this section. Client agrees that it cannot hold Peter Driessel Photography liable for contracting any illness contracted when engaging services per this Agreement.
4. It is agreed and understood that no person other than Peter Driessel Photography will be allowed to photograph or take pictures at any time during the shoot. No other cameras, video cameras, or cell phone pictures are permitted during the session. Exceptions (if any): ____________________
5. Peter Driessel Photography is not responsible for any injuries inflicted upon any participating parties or their property or the clients property, not limited to but, including medical expenses due to any sickness or injury incurred as a result of your shoot or travelling for your shoot, your transport, damage to outfits, hair, nails etc. Client(s) will be responsible for their children, pets and for themselves and release Peter Driessel Photography from any claims against their person or their business. Peter Driessel Photography will not be liable in the unlikely event that a problem arises, whether due to accident, loss of materials, equipment or other failures. Peter Driessel Photography is not responsible for loss of, or interference with, the photography or Images including but not limited to, restrictions of the location, interference from surrounding devices, access limitations, flash restrictions, equipment malfunctions and other similar the like. This limitation on liability shall also apply in the event that photographic materials or images are damaged, lost through camera malfunction, lost in the mail other otherwise lost or damaged without fault on the part of Peter Driessel Photography.
6. On signing of the Agreement by all parties hereto, Peter Driessel Photography will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all booking fees are non-refundable even if the date is changed or if the shoot becomes cancelled for any reason by the Client. Cancelations made less than 7 days before the shoot will be charged in full. A service fee of R800.00 will be charged in case of date change by the Client.
7. The session fee according to our current published price list will include the items listed on our packages page of our website, peterdriesselphotography.com. A non-refundable Session Retainer/booking fee of R1500 for your chosen package is required to secure your boudoir session date and time, unless exceptions are made, the remainder of the fee is to be paid to Peter Driessel Photography no later than the start of the shoot. No photography will take place and no rights to the images granted until timely payment made in full. Should payment arrangements be made, late payment may include penalties unless arranged with prior to the session with Peter Driessel Photography. Peter Driessel Photography will be reimbursed for any expenses incurred in connection with providing the Services of this Agreement. If a payment plan is agreed to and payment is not received after 30 days from the date of the shoot, Peter Driessel Photography reserves the right to use any of the images for their advertising in lieu of payment, this without a model release; no images will be made available to the client until full payment is made. Please note that your images will not be deleted from our storage systems until full payment for services has been made. Please note that prices are subject to change without notice.
8. Peter Driessel Photography grants the Client non-transferable and nonexclusive reproduction rights to the images. The Client shall not transfer, licence, sell, lease or otherwise confer either permanently or temporarily any reproduction rights to any Images to any third party. Commercial shoots to sell your images onto third parties can be arranged, therefore all intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of Peter Driessel Photography. The Client is granted a non-exclusive limited-use license of this Intellectual Property. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Peter Driessel Photography. Peter Driessel Photography retains all copyrights to all images created during client’s session. This agreement does not allow publication of your portraits, except for private use on your personal social media accounts, but includes; (entering in contests), commercial use, selling or altering (editing in any manor, including cropping) of your images without Peter Driessel Photography’s written permission. Please do not copy, scan, download, print, share, alter, or otherwise use any image created by Peter Driessel Photography without written consent. This applies to images posted in the online proofing gallery (if used), Facebook, blog, or hard copy images. If Client obtains images via any method listed above, or any other method, Client will be invoiced for the cost of EACH digital image client has obtained, at R1000 per image and can have their license to the images revoked at any time for not abiding by contract
9. Peter Driessel Photography has no right, unless through non-payment, to use the images from a Client’s session without their permission. Peter Driessel Photography loves to be able to showcase work from a variety of client’s photo shoots on their website and social media pages, magazine articles and for promotional purposes but only with a client’s permission, this in the form of a client release below or a WhatsApp message giving permission to use the image.
10. If permission is given from point 9, the Client shall execute a standard model release, incorporating fully as set forth herein by this reference only if they agree to allow Peter Driessel Photography to use their images in their various advertising mediums, unless they fail to make payment, whereby Peter Driessel Photography can use their images in lieu of payment.
11. The package fee is based on Peter Driessel Photography’s most current price list and includes only the photographs and services described therein. If the fee is not based on a package but is a session fee, all photographs shall be billed in addition to the fee and in accordance with the current standard price list published on peterdriesselphotography.com.
12. With regards to our editing, this will be done at our discretions in the usual Peter Driessel Photography style, (what you see in our galleries), please familiarise yourself with our editing technique within our website peterdriesselphotography.com.
13. Final completion of edited images will take between 14 – 21 working days and in some cases longer if a coffee table booklet is ordered. Peter Driessel Photography cannot be held liable if the coffee table book, framed images or additional products cannot be delivered by the requested time due to unforeseen reasons. I am familiar with the difference between a standard and full edit as explained on the website.
14. We will endeavour to keep all of your images for up to one year after your shoot, thereafter they will be wiped off our system, if you would like to keep these images yourself you can purchase a high-resolution disk from us.
15. Once we review your images those that we deem to not be suitable for whatever reason shall be permanently deleted and not be made available to you even if you purchase all of your images on a high-resolution disk. These will include images that do not flatter you, where you have your eyes closed, those that are under or over exposed, bad composition or lighting and so forth.
16. All products must be paid for in advance before any work is carried out on your images, unless prior arrangement is made. All sales are final.
17. Peter Driessel Photography will not take glamour, boudoir, nude, lingerie or sensual images of anyone under the age of 18 years old, by signing this agreement you attest to the fact that you are a minimum of 18 years old.