Terms and Conditions
At Focal Focus Photography, we are dedicated to exceeding your photography needs.
To ensure clarity and mutual understanding, we advise you to outline your specific requirements for the photographer.
These Terms and Conditions will be included in both the Quote and the Invoice provided by the photographer, Rachael Joubert.
Please read through the following Terms and Conditions carefully.
Definitions
• “The Photographer” refers to Rachael Joubert.
• “The Client” refers to any person, group, firm, or company with whom the Photographer enters into a contract for the sale of goods or provision of services.
Acceptance of Terms and Conditions
All contracts and transactions between the Photographer and the Client, whether made orally or in writing, are subject to these Terms and Conditions, which shall be deemed incorporated into any contract between the Photographer and the Client.
Website
The content and images on this website are the property and copyright of Rachael Joubert, DBA Focal Focus Photography. Certain images may be used on other websites controlled by the Photographer and/or Focal Focus Photography. No images or content may be copied, duplicated, or otherwise taken from the website without express written permission from Focal Focus Photography and/or the work creator.
Payment Terms
A 50% NON-REFUNDABLE deposit is required to confirm any booking with Focal Focus Photography, unless stated otherwise on the quote/invoice.
Bookings are made on a strictly first-come, first-served basis, and dates will ONLY be secured upon receipt of the deposit.
The balance of payment is due on the day of the photo shoot. No images will be released until the final balance is paid in full.
Payments can be made by Electronic Funds Transfer (EFT) or other agreed means. The Photographer reserves the right to charge interest on all overdue invoices at a rate of 3% per month.
Retention of Title
The Photographer reserves the right to retain all Client materials until all monies owed are paid in full. The license to reproduce images will also be revoked until payment is made.
Booking
Bookings are available only on weekends, subject to availability, and must be scheduled based on the Photographer’s calendar.
Cancellation Fees
The 50% deposit is non-refundable, unless stated otherwise on the quote/invoice. In the case of postponement of the photoshoot, the 50% deposit remains non-refundable.
Completion of Work
Work is considered complete when the Photographer provides the Client with the agreed-upon materials and full payment has been made by client. This includes delivery via WeTransfer.com, access to a web gallery, and/or prints. Watermarked images and/or proofs may not be copied or used without written permission.
Conduct
The Client is responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if the Client’s behaviour is deemed unruly or unsafe, with full fees and expenses charged. The Client will reimburse the Photographer for any loss or damage caused to property or equipment.
Small Children
Booking and paying for a photo session involving small children is at the Client’s risk. The Photographer is not responsible for unsuccessful sessions due to crying or upset children but will make every effort to ensure the session’s success before ending it.
Delivery of Products and Services
Products and services are provided on a best endeavours basis. The Photographer is not liable for delays beyond her reasonable control but will use reasonable efforts to meet deadlines. Delays may be caused by postage/courier issues, weather, or other uncontrollable factors.
Prices & Terms
All prices are subject to change without prior notice. The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Copyright
All images created by the Photographer are the property of Rachael Joubert, DBA Focal Focus Photography. The Client may not copy or use images without written permission. If the Client wishes to own the copyright, an additional fee will be negotiated. Non-commercial use is permitted with proper credit. Commercial use requires explicit permission and payment for the use of the images.
Photographic Integrity and Alterations
The Client will not make or permit alterations to the images without the Photographer’s prior express permission, except for normal adjustments. Any alterations or modifications will not constitute a work of joint authorship.
Rejection
The Client has no right to reject work based on style or composition unless a rejection fee has been agreed in advance. Full payment is required even if the delivered images are not used.
Wardrobe
The Photographer is not liable for wardrobe malfunctions. The Photographer will communicate openly to try and rectify any issues before continuing the photoshoot.
Make-up and Hair
The Photographer is not liable for make-up or hair failures. The Photographer will communicate openly to try and rectify any issues before continuing the photoshoot.
Injury
The Photographer is not liable for any injury or harm that may come to the Client during the photo shoot/session.
Dispute Resolution
In the event of a dispute, the Client agrees to submit to arbitration or mediation, at the Photographer’s option.
Kill Fees
If the Client cancels work after the brief has been met and work delivered, full payment is required.
Variation
No variation of the terms of this contract shall be recognized unless agreed in writing.
Applicable Law
This agreement is governed by the laws of the Republic of South Africa.
Photography Rights & Privacy Policy
Photographer’s Right to Publish
The photographer maintains the right to use all images captured during the photoshoot for purposes including, but not limited to:
- Portfolio development
- Social media
- Website display
- Other promotional activities.
Client Privacy Option
Clients who prefer to keep their images private must communicate this preference in writing prior to the photoshoot.
A privacy fee, amounting to 50% of the total session cost, will be applied to ensure that the images are not shared or used by the photographer in any public or promotional capacity.