The Parties agree that the Photographer will provide the photography services attached hereunder whereas the Client will in return provide compensation for such services and expertise.
Bookings
In order to secure a booking, we require a non-refundable 50% deposit along with the completed booking form. The balance of the account is payable once all photos are delivered. Due to high demand, Digital Dynamic Solutions can only accept bookings on a first come first serve basis.
Payment
As agreed, upon by clients and photographer a fixed rate will be charged. Prices may vary depending on circumstances or increase of photographer rates. The method of payment from clients to photographer will be EFT. The client will be required to pay 50% deposit ahead of starting the project. The remaining amount will be paid by the client upon delivery of the product/service. The Client agrees to make full payment for services rendered within 7 days of receipt of the final images delivered by the Photographer. Late payments may incur interest at a rate of 10% per week after the due date.
Turn over time
The turn around time for all photos is between 15-20 working days. Should the photos be required sooner for campaign purposes or other, the turn around time is 48 hours for + - 10 images.
Cancellation and rescheduling terms
Client can cancel the project photo shoot a week in advance to the project date. Note, 50% deposit will not be refunded. In order to cancel a photo shoot, the client must provide clear evidence as to why the photo shoot has been cancelled. Should the client be unable to perform for any reason. This includes failure to perform due to illness, acts of God, fire or other casualties, any other cause beyond the control of the client. The remaining 50% will be excused, otherwise payable. Clients can immediately reschedule a new shoot although new fees will be notified to customers.
Additional adjustments
Should the client want additional editing after the delivery of the final post- produced images, a surplus charge, subject to the photographer’s discretion will apply to each photograph. Payment is required before the delivery of the final product.
Work product ownership
The photographer retains exclusive copyright of all the photographs and retains the right to reproduce all the photographs. Any copyrightable work, ideas, discoveries, products, or other information developed in whole or in part by clients in connection with the services will be the exclusive property of the photographer. The photographer will only make the reproductions for the photographers portfolio, samples, self-promotion or upon request with additional fees.. Photographers will provide photo rights to clients, yet still hold ownership to use the content for the portfolio.
No raw files will be released to clients as raw files are not up to the standards of the company and need to be edited.
Performance
Should the photographer be unable to perform for any reason, the photographer cannot be held liable. This limitation also applies in the case that the photographers are lost due to camera malfunction or otherwise lose/damaged without the fault on the part of the photographer. This includes failure to perform due to illness, acts of God, fire or other casualties, any other cause beyond the control of the parties involved.
Indemnification
Customer agrees to indemnify and hold harmless the photographer from all claims, losses, expenses, fees, costs and judgements that may be asserted against photographer.
Courtesy
The photography schedule and selection methodology are designed to accomplish the goals and wishes of clients. Clients and photographer agree that positive cooperation and punctuality are therefore essential.
Confidentiality
All parties involved, agents, or representatives will not at any time or in any manner either directly or indirectly divulge, disclose or communicate in any matter, any information that is proprietary/ personal to the photographer. Photographer and its crew will protect information of clients and treat it as strictly confidential. This provision will continue to be effective after the termination of the contract.
Dispute resolution
The parties will attempt to resolve any dispute arising out of or relating to this contract through friendly negotiations amongst the parties.
Suitability
If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, constructed and enforced as so limited.
