GENERAL TERMS AND CONDITIONS
Unless otherwise stated in writing on a Booking Confirmation these General Terms and Conditions shall apply.

PHOTOGRAPHER:
RORY BAKER Photography, 7 Flack Place, Durban North, 4051, KZN

CLIENT:
Client refers to the person or enterprise requesting the provision of photographic services.

DEFINITIONS:
1 ‘Parties’ the Photographer and the Client.
2 ‘Specific Terms and Conditions’ as written on the Booking Confirmation refers to the specific terms and conditions agreed between Photographer and Client.
3 ‘Booking Confirmation’ refers to the Quote, Invoice, Email or any written confirmation that the Photographer and Client exchange with respect to specific terms and conditions of the shoot.
4 ‘works’ refers to the all images, photos, graphic reproductions, video, prints and any other media or printed materials as supplied by the Photographer to the Client.
5 ‘editing’ means cropping, colour correction, sharpening and removing blemishes (ie. dust spots, obvious pimples, hairs etc.) using professional software.
6 ‘retouching’ means special editing whereby manipulation of pixels is required to alter the image, for example removing people or objects, deep etching, removing wrinkles, skin smoothing, layering etc.
7 ‘shoot’ means the photographic assignment for which the Photographer has been commissioned or retained.

SCOPE OF SERVICES:
Scope of Services shall be the photographic services as defined in the Specific Terms and Conditions on the Quote or Booking Confirmation.

LOCATION, DATE AND TIME OF SHOOT:
Location, date and time shall be as defined in the Quote or Booking Confirmation or in writing on any other communication.

CANCELLATION:
Subject to any terms or conditions specified in the Quote or Booking Confirmation;
1 If a Client cancels a shoot for what ever reason within 7 days of the Shoot the Client will be responsible for full payment as if the Shoot had taken place unless the Shot is rescheduled or an amicable settlement arrangement can be made.
2 Notwithstanding the above, if a Client cancels, postpones or reschedules a shoot for whatever reason and if the Photographer cancels, postpones or reschedules a shoot because of weather or other safety factors, the Client will be responsible to reimburse the Photographer for any out-of-pocket expenses resulting from the cancellation, postponement or reschedule of that Shoot. Such expenses may be but not limited to: travel, deposits on venues, costs incurred from third party hires like lights, backdrops etc., assistant booking cancellation fees and so on.

PAYMENT:
1 Payments shall be in full to confirm a booking unless specified and agreed in the Booking Confirmation otherwise.
2 Should any amount fall into arrears, the Photographer will have the right to claim interest on such amount. The Photographer may charge interest on any sums outstanding at the maximum rate permissible by law compounded monthly from the date on which they become due. Any latitude or allowance whatsoever which the Photographer may grant to the Client will not be construed to be a waiver of the Photographer's rights, or a novation of any terms of the contract.
3 The debtor will be responsible for the payment of all legal costs and collection charges where outstanding debts handed over for collection.
4 Note that all payments made, either by way of an internet / electronic / bank deposits funds transfer is to be free of commission and bank charges, failing which these charges are to be carried by the Client and will be added to the final account rendered by Photographer.
5 Cash payments not accepted.
6 No Cheques will be accepted.

LICENSE FOR USE:
1 Unless specified otherwise in the Quote or Booking Confirmation the Photographer grants the Client a license to use the Works as per the terms set out in this Agreement.
2 Notwithstanding the aforementioned the Photographer grants the Client license to use the Works on Client’s social media, websites, catalogue materials and in house printed materials not larger than the standard A4 size in perpetuity.
3 In any event Works may not be sold, nor shared with third parties, nor distributed freely for third party use nor used for poster and billboard advertising and tabloid advertising without written agreement and appropriate remuneration agreed between Photographer and Client.
4 No other right besides those specifically included in the license are granted in respect of the Works provided.
5 All rights not expressly granted to the Client remain the exclusive property of the Photographer. The Client may not transfer or assign this License for Use without the express written consent of the Photographer.
6 In any event this license for use is conditional upon receipt of payment in full by the Photographer within the payment period agreed.

COPYRIGHT:
Not withstanding the terms of the COPYRIGHT ACT NO. 98 OF 1978 (as amended) Section 21, it is hereby agreed that the Photographer is recognized and constituted as the author of the commissioned works produced, shall be the owner of the copyright herein throughout the world and acknowledged as such.

INDEMNITY:
1 The Client indemnifies the Photographer against all or any claims of any nature or description, civil or criminal, which may be brought or instituted against the Photographer by any third party or authority, arising during the course of the Shoot and related in any way thereto, or alleged to arise from or relate to the subject matter of any Works by the Photographer at the insistence or request of the Client. Notwithstanding the aforementioned the Photographer may at anytime refuse to enact any Works that the Photographer deems as inappropriate or not in line with the spirit of the original Brief or Scope of Services as agreed.
2 The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Clients use of the photos.

ELECTRONIC IMAGING AND MANIPULATION:
1 It is accepted that manipulation of Works by the Client may be construed as damaging to the aesthetics and intent of a Photographer's Works.
2 Accordingly, manipulation of Works or portions thereof shall only be with the express permission and understanding of the Photographer.
3 Manipulation of any Works may only take place for the purpose of the original Brief and Quote. No other use of the Works, or portions thereof, is permitted outside of the context of the initial Shoot its related Briefs and Estimate, and for which the Photographer has been paid.

HOURS OF WORK OVERTIME AND DELAYS:
1 Photographers normal hours of work are from Monday to Friday from 8:00 am to 5:00 pm, which includes a 45 min break for lunch.
2 Saturdays, Sundays and Weekday Holidays will be charged at up to 135% of Photographers normal rate.
3 Where Photographer is charging in advance for overtime, (night work, weekends and public holidays), such overtime will be agreed with Client and included in the Booking Confirmation.
4 Delays caused to a Shoot through no fault of the Photographer will be charged at Photographers normal hourly rate or agreed Shoot rate or the appropriate overtime rate. Such delays may include but not be limited to unavailability for whatever reason of people, props or critical items, or weather, or no services/utilities.
5 At any Shoot where it is anticipated to be a delay the Photographer will inform the Client of such delay as soon as is practical.
6 Where a Shoot has been booked as a package rate, ie lifestyle shoots, weddings, delays if charged will be charged at Photographers normal hourly and or overtime rate or as per the Specific Terms and Conditions.
7 Time booked for a Shoot includes Photographer’s setup and breakdown time.
8 Where a Photographer has hired a studio, the studio overtime is payable by the Client.

OWNERSHIP OF NEGATIVE MATERIALS / RAW IMAGES:
The ownership of original negatives/raw files is vested in the Photographer. Negatives/raw files shall remain the property of the Photographer and may be acquired by the Client by special agreement or on payment of an agreed fee.



RIGHT TO CREDIT BYLINE:
1 General Photography: The Photographer's name will be printed on or in reasonable proximity to all published reproductions of the photograph(s) unless otherwise agreed.
2 Editorial or Advertorial Photography: In line with worldwide practice, the right to a byline on all photographs is accorded because of the lower photographic charge, and the related 'exposure' of the Photographer's name. Accordingly, the Photographer's name shall be printed legibly on or near the related photographs on each and every page, in type no smaller than 10 point. Where the Byline has been omitted by error or otherwise, the Photographer shall have the right to charge a further amount of up to 300% of the full Photographic Charge for the assignment.

NON USAGE:
Where photography has been accepted but not used, the Photographer shall be paid the full fee and expenses of the Shoot, as confirmed on the Booking Confirmation.

WEATHER:
1 The Photographer is directly responsible for calling for a weather cancellation, where in his opinion, the successful completion of the assignment, as per brief, is at risk. No liability as to the professional judgment of this will accrue to the Photographer, and cancellation fees will apply as in Section 14, Postponements & Cancellations.
2 The Client is responsible for taking out weather insurance. The Client shall pay the premiums of such insurance, but has the option of refusing insurance, at his/her own risk, and is liable to cover all costs accrued due to non - insurance.

LIMITATION OF LIABILITY:
1 In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
2 Without detracting from the generality of the above, Photographer warrants that he takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that any Materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, or in the event the Photographer fails to perform for any other reason beyond the Photographers control, the Photographer’s liability is limited to the return of all payments received for the event package.
3 The Client(s) indemnifies and holds the Photographer harmless against all liability, claims and expenses, including attorney’s fees, arising from Client(s), and/or any third parties use of the Photographer’s Material and / or any loss, damage or misuse of any Photographs supplied by Photographer, granted that there is no fault on the part of the Photographer.
4 If there is any failure to capture certain images that Client have requested or that were discussed at our planning meeting, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client(s) and the Photographer shall not be liable for same.
5 In the unlikely event of the Photographer being unable to attend to the Shoot due to any cause beyond Photographer’s control, Photographer reserves the right to appoint another photographer to attend to the Shoot on their behalf to undertake the Shoot to his/her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of Photographer is limited to the return of all payments received for the event package.
6 Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs ancillary hereto.

LAW:
This agreement will be governed by and construed in accordance with the Laws of South Africa.

DISPUTES:
1 Should any dispute arise under or in connection with this Agreement the Parties shall first use mediation to resolve it by mutually appointing a single Mediator. The costs of the Mediator shall be shared equally between the Parties and any other legal costs incurred by either Party with respect to the dispute shall be for each Parties own account.
2 If mediation fails the dispute will be finally settled by arbitration before a single arbitrator appointed by agreement or (in default) nominated on the application of either party in accordance with the rules of the Arbitration Foundation of South Africa (“AFSA”). The AFSA arbitration rules shall govern the arbitration proceedings and the venue of the arbitration shall be Durban. The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings. The Parties irrevocably agree that the decision in the arbitration proceedings shall be final and binding on the Parties.

CONFIDENTIALITY:
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.


OTHER TERMS AND CONDITIONS:
1 Where additional expenses are incurred by Photographer due to changes in the original brief by the Client or by circumstances beyond the photographers control, the Client agrees to pay such reasonable expenses and/or fees at the Photographers normal rates..
2 Photographer may use images for own promotional purposes.
3 The Client agrees to indemnify and save harmless the Photographers against all liabilities, claims and legal costs arising out of the Clients use of the photos.
4 Prices subject to change without notice until booking is firm

PRIVACY & COOKIE POLICY

Rory Baker Photography (RBP) is committed to protecting your privacy and using technology that gives you the most powerful and safe online experience. This Privacy Statement applies to our website, landing pages and forms and by using the same you consent to the data collection of data described herein.

COLLECTION OF YOUR PERSONAL DATA

RBP may collect personal information such as your e-mail address, names, address, or telephone numbers. RBP may also collect anonymous demographic information, which is not unique to you, such as your country, town, area code, age, gender, preferences, interests and favourites. There is also information about your computer hardware and software that is automatically collected by RBP. This information may include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by RBP to improve the operation and quality of the service. Also note that if you directly disclose personal information on or through RBP public message boards that this information may be collected and used by others.

USE OF YOUR PERSONAL DATA

RBP collects and uses your personal information to operate its Web Site and deliver the services you have requested. RBP also uses your personal information to inform you of other products or services available from RBP and its affiliates. RBP does not sell, rent or lease its customer lists to third parties.

RBP keeps track of web sites, landing pages and pages our clients visit within RBP, in order to determine what RBP services are most popular. This data is used to deliver customised content and advertising within RBP to clients who show interest in a particular subject area.

RBP Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on RBP or the site; (b) protect and defend the rights or property of RBP; and, (c) act under pressing circumstances to protect the personal safety of users of RBP, or the public.

USE OF COOKIES

Cookies are tiny pieces of text that are placed on your device when you visit a website meant to improve your experience. A cookie file is stored in your web browser and allows RBP or a third-party to recognise you on further visits, or to authorise other designated websites to recognise you for a particular purpose, such as to make your next visit easier or the service more useful to you.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the RBP services or Web sites you visit.

If you would like to learn more about Cookies please follow this link to All About Cookies.

SECURITY OF YOUR PERSONAL INFORMATION

RBP secures your personal information from unauthorised access, use or disclosure. RBP secures personal information you provide on computer drives in a controlled, secure environment, protected from unauthorised access, use or disclosure.

CHANGES TO THIS STATEMENT

RBP will occasionally update this Statement of Privacy to reflect company and customer feedback. RBP encourages you to periodically review this Statement to be informed of how RBP is protecting your information.

CONTACT INFORMATION

RBP welcomes your comments regarding this Statement of Privacy. If you believe that RBP has not adhered to this Statement, please contact RBP at bookings@rorybakerphotography.com.