TERMS AND CONDITIONS

OVERVIEW.

This website is operated by Marguerite Photography. Throughout the site, the terms “I”, “us”, “we”, “their” and “our” refer to Marguerite Photography.

Marguerite Photography is the exclusive official photographer via this website and their other platforms including Facebook, Instagram and LinkedIn and is retained to perform the photographic services requested on the contract received via email through any of these social media platforms.

Services
Marguerite Photography may substitute another photographer to take the photographs in the event of the assigned Photographer’s illness or of scheduling conflicts. In the event of such substitution, Marguerite Photography warrants that the photographer taking the photographs shall be a competent professional.

Funds
The images are delivered only after the balance is paid in full. No part of any order will be delivered if the total amount hasn’t been paid.

Rights Reserved
Marguerite Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes.

The Client signing the contract/s warrants that Marguerite Photography has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files, Raw files and previews remain the exclusive property of Marguerite Photography.

Cancellations
Cancellations of the booking will result in charges to the client as follows:

  1. If a 50% deposit was paid and the client cancels prior to 10 business days of confirmed date – no refund of deposit.
  2. If the full amount was paid and the client cancels at 10 business days – 50 % of the total amount is refundable.
  • Subsequent to the 10 days is all refundable, unless the photographer or Marguerite Photography needs to be reimburse for any expenses catered for the cancelled shoot.
  1. Inclement weather is inevitable, and where Marguerite Photography feels that the shoot should be changed to another date for better quality results of the shoot and by agreement with the client, we can arrange another date more suitable.

Causes beyond control
If Marguerite Photography cannot perform this Contract due to rescheduling or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.

Discolouration of Prints
Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities.

Changes to Packages
The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

NOTICE OF COPYRIGHT:

 It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this South African Law will be subject to its civil and criminal penalties.

This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.

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