Terms & Conditions
1. Description of Parties
1.1. The “Client” (or “you/r”) herein refers to the person or organisation, its representatives, successors, assignees, agents and affiliates or family members requesting the provision of photographic services and supply of photographs.
1.2. The “Photographer” (or “us/our/we”) refers to Personal Brand Media and all its photographers, videographers, directors, shareholders, representatives, associates, assistants, affiliates and/or assignees.
2. Agreement between Parties
2.1. Any payment made to us (booking fee 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;
2.2. 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 recognised unless explicitly agreed to in writing.
2.3. The commencement of the shoot signifies the acceptance of the Quotation in its entirety, and the adoption of this agreement and all its terms and conditions by all parties.
2.4. This agreement shall be governed by the laws of the Republic of South Africa.
3. Services Rates & Packages
3.1. Our rates and packages are valid for a limited time only and are subject to review from time to time, as we see fit. If you have received a quotation from us in the past or viewed our Packages on our website, you are by no means guaranteed of said rate, unless it is our current rate or has been expressly confirmed by us. Quotations are valid for 14 days only.
4. Booking Reservation
4.1. A booking fee is required to reserve your session date and package with Personal Brand Media, as per our Invoice/Quotation.
5. Booking fee and Payment
5.1. Your fee is made up of a booking fee and balance, payable before/on your booking date 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).
5.2. No images or products will be provided until we have received full payment, within 24 hours of the service rendered or the payment period agreed.
6. Additional Fees
6.1. The client is responsible for any travel fees at current AA rates, should we be required to travel from Sundowner, Randburg, Gauteng.
6.2. Where additional expenses are incurred by Personal Brand Media 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 the Personal Brand Media’ normal rates.
6.3. Any additional fees due to the client’s choice of location (e.g. entrance fees, venue fees, etc.) 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.
7. Non-payment or Breach of Contract
7.1. In the event of non-payment or other breach of this agreement by the client, the Client shall pay all the Photographer’s costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fee and the License to Use contemplated in this agreement shall not exist and be of no force or effect.
8. Cancellation/Rescheduling of Photo or Video Session
8.1. Any booking fees paid are non-refundable, should you decide to cancel your shoot. If you have 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.
8.2. Should you/your children 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 and preferably 24 hours in advance, if possible.
8.3. If you have booked an outdoors/weather dependent photo or filming session, we will contact and advise to re-schedule due to unsuitable weather, should your booking date be flexible. Your session will be moved to the next suitable/available date at no additional cost.
9. Location, Session Duration and Punctuality
9.1. The session duration will be according to your selected Brand Story package at the locations confirmed in our Pre-shoot consultation.
9.2. On location shoot: Generally early morning or late afternoon is the best time to allow for ideal lighting conditions (exact time dependent on season).
9.3. Please be on time for your photo and/or filming session, whether it is at your home, on location or at our studio. Please let us know if you are running late. However, please be aware that your slot will still start at the scheduled time and not at the time of arrival, which will result in less time for your session and possibly less final images or footage.
9.4. Please keep in mind that we may have other responsibilities after your session and therefore may have to cancel, if you are unreasonably late. In which case the client will forfeit the full session fee and will have to reschedule the session at an additional cost, when we have a suitable opening available.
10.1. 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 work(s) to be made in terms hereof and the photographer will be the author of the work(s) and the copyright subsisting therein.
10.2. Personal Brand Media is hereby recognised and constituted as the Author of the commissioned works (images, video and products) produced and shall be the owner of the copyright therein in South Africa and throughout the world and acknowledged as such.
10.3. The client is hereby granted an Exclusive Licence for Use in South Africa by Personal Brand Media (which may not be transferred or assigned without the express written consent of the Photographer) – for personal and commercial use – conditional upon receipt of full payment, within the payment period agreed. No other right besides those specifically included in the licence are granted in respect of the work(s). All rights not expressly granted to the client, remain the exclusive property of Personal Brand Media.
10.4. The client is allowed to replicate and edit the images. However, the client is not allowed to redistribute any photographs or videos for profit.
10.5. All photographic and film materials, including but not limited to digital files, remain the exclusive property of Personal Brand Media.
10.6. RAW & unedited files will not be provided to the client under any circumstances. (The exception to this is when a contract is negotiated before booking, and the appropriate fee is charged.
11. Model Release, Consent and Photographer’s Use of Images
11.1. Personal Brand Media retains the right to use the videos, 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 (except pornographic or defamatory) promoting our business. The client hereby releases Personal Brand Media and its legal representatives and assigns from all claims and liability in relation to said photographs and videos.
11.2. The client hereby consents and agrees that Personal Brand Media has the right to take photographs\video 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.
12.1. In the unlikely event that the photographer is injured, becomes too ill or is medically unable to photograph or film the session, Personal Brand Media will make every effort to schedule a make-up session at the next available date at no additional cost, or return the client’s booking fee should we be unable to do so.
12.2. 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 booking fee/fees paid, but shall have no further liability with respect to this contract.
12.3. Personal Brand Media takes the utmost care to prevent this, but in the unlikely event that images or footage have been lost, stolen, damaged or destroyed for reasons within or beyond Personal Brand Media’ control, liability is limited to the return of all payments received for the session.
12.4. Although Personal Brand Media will do our best to avoid any accidents and/or incidents from happening, the client releases all employees of Personal Brand Media, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.
12.5. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer/videographer will not be responsible for photos or videos that are not produced due to technical failure.
12.6. The Client agrees to indemnify the Photographer against all liabilities, claims and legal costs arising out of the Client’s unauthorised use of the photographs and\or video material.
12.7. Personal Brand Media is by no means responsible for the quality of services (printing and other) provided by its business partners/other 3rd parties.
13. Images & Products
13.1. EXTRA EDITING: Any additional editing request must be communicated within 2 weeks of collections of the product and could be subject to additional charge depending on the nature and extent of the request.
13.2. FILM FINAL DELIVERY: The final product/videos will be presented to client Via online gallery within 2 to 8 weeks depending on the length of the film. To adhere to copyright law Personal Brand Media will choose appropriate royalty-free music as background music to your clips. Client has 14 days to request revisions or their approval regarding [shot selection, music, or other factors]. If Client does not provide the necessary input within 14 days, then the videos shall be deemed to be accepted and Personal Brand Media shall incorporate the video into USB / Digital for delivery to the Client. Client is entitled to one round of revisions to
the product before it shall be deemed complete. Re-edits will be charged at the rate of R1500 per hour of editing time. Uploading the same clips on the cloud again due to failure to download the original footage before the expiry time will incur a charge of R500.
13.3. IMAGE DELIVERY: You will receive a URL/USB/ with all edited high resolution images within 14 days of your photo session date – either collected from us, downloadable from the cloud or mailed to you through registered mail/courier to the address provided by yourself and at additional cost to you (to be quoted for on request). Uploading the same images on the cloud again due to failure to download the original link before the expiry time will incur a charge of R500.
13.4. PRINTING: Due to the nature of custom photography, all images/sales are final and cannot be cancelled should you order any prints, canvases etc.
13.5. ARCHIVING: Personal Brand Media will keep all images and video clips on archive for a reasonable amount of time (at least 1 year 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.