TERMS AND CONDITIONS
1. It is understood that Marguerite Photography is the exclusive official photographer retained to perform the photographic services requested on the contract received via email.
2. 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.
3. No part of any order, including previews, will be delivered until the balance is paid in full.
4. Marguerite Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes.
5. The Client signing the contract/s warrants that he or she 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 and previews remain the exclusive property of Marguerite Photography.
6. Upon signature, the Photographer shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the cancelled reservation, all deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
7. If Marguerite Photography cannot perform this Contract due to re 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.
8. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
9. 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.
10. 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.
11. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.