terms & conditions
We will always do our best to fulfil and, hopefully, even exceed your photography needs. But it is often best for everyone to have a few things written down so that we both know what is what, who does what and when, and what happens if something goes wrong.
As is the industry standard, all our photography is conditioned upon our business's Terms and Conditions. These terms may vary with each photo assignment. A Terms and Conditions will be included with every Quote and Invoice.
Here is a look at our general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand.
“The Photographers” means Mariaan Vosloo and Whanita Pretorius.
“The Client” is any person, including a natural person and/or juristic person, with whom the Photographers enters into an agreement in respect of the sale of goods or provision of services offered by the Photographers.
Acceptance of Terms and Conditions:
All contracts and/or agreements and/or transactions between the Photographer and the Client, whether made orally and/or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any contract and/or agreement between the Photographers and/or any of its Clients.
The content and images used on this website are the property and copyright of La Vita è Bella Photography. Certain images may be utilized on other websites under the control of the Photographers and/or La Vita è Bella Photography. No images or content may be copied, duplicated, amended and/or edit in any form or nature whatsoever, distributed and/or otherwise taken from the website without the express written permission from La Vita è Bella Photography and/or the work creator.
A 50% (fifty percent) to 60% (sixty percent) NON REFUNDABLE deposit is required to confirm any booking of La Vita è Bella Photography. Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the deposit. The percentage deposit required to be paid up front, will be at the Photographer's sole discretion at the time of contract and/or agreement signing.
Balance of payment - payable on the day of the photo-shoot. No images will be released until the final balance is paid in full on or before the day of the photo-shoot.
Example: The Photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced, and payment is due. Payment can be made by Electronic Funds Transfer (EFT) or other means agreed upon prior to the shoot.
Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in his possession until such time that all monies owed to the Photographers have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made in full.
Booking Days: The Photographer may be booked by the Day (up to eight (8) hours), Half-Day (up to four (4) hours), or the Hour. The minimum hourly booking is one (1) hour.
Confirmed Bookings: All day bookings are computed at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours, time and a half will be charged. After ten (10) consecutive working hours, double time will be charged, unless arrangements have been made in advance. Sunday and public holidays are billed at time and a half.
Preparation & Wrap Time: Preparation time is billed by the hour with a two (2) hour minimum.
Travel Time: Travel time is computed at a Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes or out of Pretoria for out-of-town locations, travel time to and from bookings is charged at half the day rate.
Cancellations: Your deposit is non-refundable. Cancellations of trips/photo-shoot must be made at least 7 (seven) calendar days prior to the booking, otherwise, the full costs of the event/photo-shoot will be charged and in addition full reimbursement will be charged for costs incurred in order to attend to the event/photo-shooting. (e.g. costs incurred in respect of transportation, airplane, accommodation etc. and any other expenses incurred in order to attend to the event/photo-shoot)
Weather Permit: Type of weather must be specified. A same-day cancellation will be charged as a Full Day Fee. Cancellations twenty-four (24) hours in advance will be charged as a Half-Day.
In such instances, the Photographers may charge in full for the expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees, etc.), that he may have incurred prior to or during the assignment taking place.
Example: The Photographer is scheduled to shoot an event and the event is cancelled the day prior to the agreed time that the shoot was scheduled for. The Client contacts the Photographers to advise of the cancellation. At that time, the Photographers will charge for a full day of the agreed contract/agreement amount, plus 100% of any rental fees or other actual expenses. If the Photographer has completed any portion of travel, the Client will be invoiced for all travel expenses as if the work had been completed.
If the work is cancelled on or before the day of the scheduled work, for any reason by the Photographer, the Client agrees to reschedule the work, if possible, at their earliest convenience. The Client will not be charged for travel or any other expenses if the Photographers cancels the work.
Unless otherwise agreed in writing, the Client will be charged a 100% (one hundred) percent fee if postponement of the assignment occurs after the photographer has departed for the location, and 50% (fifty) percent to 60% (sixty) percent fee (equivalent to the deposit paid) if postponement occurs before departure to location.
Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party and/or any other circumstances beyond the control of any party.
The Photographer may charge additional fees, should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief, etc.). If the work cannot be completed within the agreed amount of time, La Vita è Bella Photography and the Client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: If the Photographer has begun a project and the time agreed in the original contract is not adequate to complete the work, the Photographer or the Client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the persons who requested and approved the additional time. If the Client does not approve the
requested change, the work will be considered complete at the expiration of the time allocated to the work in the original contract and payment for the full contracted amount will be due on the invoice, regardless of whether images have been created or provided to the Client. The Client will receive all work product following payment.
Completion of the work:
Work is complete when the Photographer provides the Client with the agreed material purchased. This includes a Wetransfer.com link, access to a web gallery, and/or prints (as per each contract's specifications) containing all of the RAW or JPEG images photographed on behalf of the Client. Watermarked Images and/or Proofs may not be copied from the web gallery and/or Wetransfer.com or used in any form or nature whatsoever whether in printed or digital form, without first obtaining written permission from La Vita è Bella Photography.
The Client shall be responsible for the behavior of any person/s accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he/she deems the Client and/or person/s of the Client/s behavior and/or conduct to be unruly, unwanted and/or unsafe and/or creating an environment and/or acting in such a way that impacts negatively on the Health and Safety of the photographers and/or make any comments and/or derogatory comments and/or remarks on or about and/or towards the photographers. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client also agree by accepting these terms and conditions that he/she will fully reimburse the Photographers or his agents for any loss/damage that have been caused to property or equipment of the Photographers and/or La Vita è Bella Photography.
Delivery of Products and Services:
The supply of products and services are provided by the Photographers on a best endeavors basis. The Photographers will not be liable for delays that are beyond his/her reasonable control. The Photographer shall use reasonable endeavors to meet agreed deadlines where applicable. The Photographers shall not be liable for any delays in meeting any of his/her obligations which were due to and caused beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, floods, fire, loss or damage in transit, etc. or any other justifiable reason.
Prices & Terms:
All prices shown within the Photographer’s price list are subject to change without prior notice.
The Photographers reserves the right to amend these Terms and Conditions without prior notice.
In accordance with South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. La Vita è Bella Photography retains all copyright benefit for all images created by himself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorization, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by the Photographer of Lavita è Bella Photography, the magazine pays you for the image. You owe La Vita è Bella Photography 100% of that payment + liquidated damages, on-demand.
Example #2: You send an image created by a Photographer from La Vita è Bella Photography to a commercial website for sale to the public or for other financial gains. You owe La Vita è Bella Photography 100% + liquidated damages of any and all income derived from the use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full. If no agreement is reached on the fee then La Vita è Bella Photography will retain the copyright of all the images.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is for a simple copyright statement be placed near or on the image, and notification of use is communicated to La Vita è Bella Photography. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Photographic Integrity and Alterations:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior written express permission of the Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed upon in advance. The amounts owing must be paid in full even if the ordered and delivered photographic images are not used.
In the event of an 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.
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 Photographers account.
No variation of the terms of any contract or agreement concluded between the Client and La Vita è Bella Photography shall be recognized unless agreed to in writing and signed by both parties.
This agreement shall be governed by the laws of the Republic of South Africa
Protection of Personal Information:
La Vita è Bella Photography shall ensure compliance with the Protection of Personal Information Act insofar as it is applicable, and we will not share or distribute any personal data or information about you, without first obtaining your written consent, and will undertake to do anything possible within its powers to protect your personal information.