Studio

agreement

Inscape Imagery Studio Agreement

This Agreement is a legally binding contract between Inscape Imagery, (hereafter “THE PHOTOGRAPHER”) and the undersigned hereafter referred to as “THECLIENT). This Agreement is entered into on the below specified date.

THE SCOPE OF WORK

This agreement is for services and products related to photography. The photography services consist of a Personal Style Consultation If required (hereafter “Consultation”), Photo Shoot (hereafter “Session”), Pinterest Style Guide, and an online gallery viewing (hereafter “Print & Product Ordering”). The photography products consist of high quality, prints, photo books, and wall art.

DEPOSIT FEE

In consideration of the photography services provided by the PHOTOGRAPHER, the CLIENT agrees to pay the PHOTOGRAPHER 50% deposit to secure the session date and time, 5 days prior to the booked session. Upon payment of this contract, the CLIENT acknowledges the deposit fee is non-refundable, unless a re-scheduling date has been re-scheduled 48 hours prior to the booked session. The Deposit Fee reserves the PHOTOGRAPHERS time, talent, planning, decor or purchase of any item before the session. The PHOTOGRAPHER agrees not to make this time slot available to any other potential clients.

CANCELATION, RESCHEDULING, AND LATENESS

If the CLIENT cancels for any reason, the deposit is non-refundable. However, if the CLIENT needs to reschedule, the PHOTOGRAPHER must be notified within 48 hours prior to the scheduled session. New dates will be subject to the PHOTOGRAPHER’S calendar. If the PHOTOGRAPHER is unavailable due to circumstances outside the PHOTOGRAPHERS control, ( eg. weather, illness, equipment, or an act of God), the session will be re-scheduled subject to the PHOTOGRAPHER’S calendar or the deposit will be refunded. If the CLIENT is late, the minutes will be deducted from the session which will impact the number of images captured. If the PHOTOGRAPHER is late, the minutes will be added to the session. If a client does not show up the PHOTOGRAPHER reserves the right to re-schedule or cancel the service with no refund.

TRAVEL FEES AND ADDITIONAL FEES/EXPENSES

There is an additional travel fee of R3.50 per kilometre for any location sessions The CLIENT is responsible for covering any additional fees and costs related to locations fees, mileage, plane tickets, hotels, admission fees, permits, parking, etc. Weekend and holiday rates apply to sitting and
travel fees.

SESSION

The PHOTOGRAPHER will photograph the CLIENT or CLIENT requested subject(s), with the understanding that the CLIENT desires the above mentioned Session Type. PHOTOGRAPHER will make a good faith effort to achieve CLIENTS desired results. However, PHOTOGRAPHER will retain ultimate discretion and control over the session as well as the provided edited images . PHOTOGRAPHER will use the equipment PHOTOGRAPHER finds appropriate. CLIENTS desired results are limited by the terms of this agreement .PHOTOGRAPHER also reserves the right to refuse to photograph any situation or pose that presents a risk of endangering the safety or risking injury to either the PHOTOGRAPHER or the subject(s) being photographed. CLIENT understands that each session carries a minimum product order of R500. Anything less than R500 will require a R95 handling fee. CLIENT is responsible for any property damages caused by CLIENT, and or CLIENTS subject(s). CLIENT assumes responsibility of making photographer aware of ANY food allergies. Photographer assumes no liability or responsibility for any allergy that was not disclosed prior to Session. CLIENT acknowledges that a legal guardian must accompany all minors to the session.

MINI SESSIONS

Mini Sessions are offered on limited days only at PHOTOGRAPHERS’ discretion. All Mini Sessions are non-refundable and must be paid in full 5 days prior to the scheduled session. CLIENT will receive suggested ideas, and no more than 30 Hour In-Studio Session or 1 Hour Outdoor session. CLIENT has the option to purchase additional images if they wish . Mini Session CLIENTS agree to the terms above.

PRODUCT

Any products purchased from Inscape imagery are to be collected from the studio. Inscape Imagery guarantees the quality of all products. If any product is damaged, Inscape Imagery will replace it at no additional cost to the CLIENT. Products will not be released to CLIENT unless order has been paid in full. DIGITAL NEGATIVES IMAGE RELEASE Digital Negatives are included with all sessions. Images are for personal web use ONLY and are not meant for reproduction in any form, which includes but is not limited to, printing, downloading, copying or altering image(s) in any way.

IMAGES STORAGE AND ARCHIVE FEES

Images from each session will be stored at no charge for a period of 3 months. All images will then be deleted permanently. If CLIENT wishes to store or archive images for a period longer than 3 months, there will be an incurred storage fee, for every 10 images for a period of 3 months. Inscape will not archive or store images for a period longer than 2 years.

EXCLUSIVITY

It is understood and agreed that no other PHOTOGRAPHER will be allowed to photograph or take pictures during the Session while PHOTOGRAPHER is working, unless otherwise agreed by the Parties in writing. This restriction applies to CLIENT and any associates of CLIENT and includes cell-phone cameras, computer cameras, and their equivalents.

LIMITS OF LIABILITY

The PHOTOGRAPHER will refund the full amount, but will not be liable for any other injuries, if photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of PHOTOGRAPHER. Upon collection of product, PHOTOGRAPHER is not liable for damage of photographic materials though storage malfunctions. In no event, regardless the circumstances, shall PHOTOGRAPHER be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from PHOTOGRAPHER’S services or lack thereof. PHOTOGRAPHER shall only be liable up to the price of this Agreement.

ATTORNEY

If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in addition to any other remedies to which that party might be legally entitled.

INTELLECTUAL PROPERTY RIGHTS

All photos and images taken by Inscape Imagery remain the sole, copyrighted, intellectual property of PHOTOGRAPHER, even after full payment by CLIENT and distribution to CLIENT.

RESTRICTIONS OF PHOTOGRAPHY USE

CLIENT shall never distribute, make available for download, or reproduce any of PHOTOGRAPHER’S photos without written consent of PHOTOGRAPHER, unless the photos includes the PHOTOGRAPHER’S watermark or is shared directly from the social media platforms.

MODEL RELEASE

(Model release will be excluded from the agreement if not selected and agreed by client below ) All CLIENTS are required to sign a model release. With a signed Model Release, PHOTOGRAPHER may reproduce, use, and distribute the photos and images for any personal, business, marketing or studio purposes. CLIENT expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session and agrees that PHOTOGRAPHER may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting CLIENT. APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT The CLIENT(S) expressly agree(s) to take best efforts to provide Inscape Imagery, and Inscape Imagery staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behaviour to Inscape Imagery staff, the CLIENT(S) will agree to relieve and hold Inscape Imagery harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of Inscape Imagery work. The CLIENT(S) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Inscape Imagery resumes work detailed in this Agreement.

NO GUARANTEED RESULTS

As stated in The Session portion of this agreement, PHOTOGRAPHER will make good faith and effort to achieve CLIENTS desired results. However, photography is a subjective art form, and CLIENT acknowledges that the PHOTOGRAPHER cannot and will not guarantee any particular results, including CLIENTS desired results. An effort will be made to capture positions and facial expressions desired by CLIENT, however, inscape is not responsible for images not captured resulting from lack of cooperation from CLIENT, and or CLIENTS subject(s). By signing filling out the below or making payment I hereby certify that I agree to the terms of this agreement.

Model Release

(Model release will be excluded from the agreement if not selected and agreed below )I hereby give permission to Inscape Imagery to use me and or my minor(s) photo(s) and likeness in all forms for media, advertising, portfolio, demo, trade, stock photography, editorial, altering without restrictions, and all other lawful purposes. I release the photographer of all forms of claims and liability related to my photo usage. I understand that by signing the model release or making payment for the session, any and all portraits from my session may be used to promote Inscape
Imagery, and I am entitled to no compensation. Permissions I hereby grant Inscape Imagery to use my photo(s) for the above identified terms I hereby certify that I am the Parent or Legal Guardian and have the authority to sign this release. I am over 18 years of age and fully understand this
contract.

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faq

Frequently asked questions 

How many photos can we expect to get?

The number of images you will receive will be determined on the package you have selected, however you will have the option to purchase additional images.

How soon can we expect our images?

It take between 2-6 weeks to edit all your images depending on the photographer's workflow at the time. 

How many family member are permittied in a family sitting

Generally 4 members (mom, dad and two siblings). Additional members may be permitted, however this will be at additional cost.

Where are you situated?

We are situated in Glenvista Ext 6, south of Johannesburg. 

How do I book?

Once you have selected your desired package you can book with us online, via whats app or email where a link to a booking form will be provided.

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