Welcome to Bjorn Smit Photography! Please take a moment to review the following terms and conditions that govern our working relationship with clients. By booking a photography session or using our services, you agree to comply with these terms and conditions. 1. Booking and Payment 1.1. In order to secure a photography session, a non-refundable deposit of 50% of the total session fee is required. The remaining balance must be paid in full prior to or on the day of the session. 1.2. Payments can be made via provided banking details: Bjorn Smit Photography 63014706775 FNB Cheque 1.3. In the event of cancellation by the client, the deposit is non-refundable. However, we understand that unforeseen circumstances may arise, and we will work with you to reschedule the session whenever possible. 1.4. Any additional costs incurred during the session, such as travel expenses, location fees, or other agreed-upon expenses, will be communicated to the client and added to the final invoice. 1.5. If the Client or any other individuals involved in the photography session arrive late, the session will still end at the originally scheduled time. In the event of the Client's delay, an additional fee of R700 per hour or part thereof will be charged for the extended time. 2. Late Payment Terms and Conditions These terms and conditions (the "Terms") are provided to ensure a clear and mutually beneficial working relationship between Bjorn Smit Photography, hereinafter referred to as the "Photographer," and the client, hereinafter referred to as the "Client." 2.1. Booking Confirmation Deposit: To secure your booking for a photography session or event, a non-refundable deposit of 50% of the total agreed-upon fee is required. The deposit should be received by the Photographer no later than one week before the scheduled date of the shoot. 2.2. Payment Deadlines: The balance of the total fee, after the deposit, must be paid in full on or before the day of the scheduled shoot. The Photographer will consider the shoot as confirmed only upon the receipt of both the deposit and the remaining balance. 2.3. Late Payment Penalties: a. In the event that any payment is not received by the specified deadlines, the Client agrees to pay a late payment penalty of 1% of the outstanding balance for every day that the payment is overdue. b. This penalty will be calculated from the date of the original payment deadline until the date the outstanding payment is received. 2.4. Cancellation Policy: a. If the Client wishes to cancel a confirmed booking, a written notice must be provided to the Photographer. b. The deposit paid to secure the booking is non-refundable. c. In case of cancellation within 3 days before the scheduled shoot, the Client will be responsible for 30% of the total agreed-upon fee as a cancellation fee. 2.5. Payment Methods: Payments should be made in South African Rand (ZAR) and can be made via (bank transfer, credit card, PayPal, etc.) All banking or transaction fees are the responsibility of the Client. 2.6. Dispute Resolution: In case of any disputes or concerns regarding payments or the terms of this agreement, both parties agree to seek an amicable resolution through mediation or arbitration before pursuing legal action. 2.7. Changes to Terms: The Photographer reserves the right to amend these Terms and Conditions at any time. Clients will be informed of any changes and will be subject to the Terms and Conditions in effect at the time of booking. 2.8. Termination of Agreement: Persistent late payments and failure to address outstanding invoices may result in the termination of our business relationship and a legal claim for the outstanding amount. 3. Pricing 3.1. Our pricing for photography services is as follows: - Session fee: The Client agrees to pay the Photographer the agreed-upon fees for the photography services provided. - Additional mileage: We charge R5/km based on AA rates for driving to locations. - Extra images: R15 per extra edited image beyond the package inclusion. Pricing for sessions is based on provided packages from the Photographer. 4. Copyright and Usage 4.1. The copyright and all other intellectual property rights for the images produced during the session remain the sole property of Bjorn Smit Photography. 4.2. The client is granted a non-exclusive, non-transferable license to use the images for personal purposes only, including printing, sharing on social media, and displaying on personal websites or portfolios. 4.3. The client agrees not to edit, alter, or manipulate the images in any way without prior written consent from Bjorn Smit Photography. 4.4. Bjorn Smit Photography reserves the right to use the images for marketing, promotional materials, competitions, exhibitions, or other purposes related to the business, unless otherwise agreed upon in writing with the client. 5. Delivery of Images 5.1. We will make every reasonable effort to deliver the final images within a timely manner, typically within one to two weeks. However, this timeframe may vary depending on the volume of work and any agreed-upon customizations or editing requests. 5.2. The client will receive the images in a digital format, either through an online gallery, or other agreed-upon method. 5.3. Bjorn Smit Photography is not responsible for the quality of prints or products ordered through third-party vendors. We recommend using our professional printing services for optimal results. 6. Liability and Indemnity 6.1. Bjorn Smit Photography will take all necessary precautions to prevent loss, damage, or theft of equipment during the session. However, we are not liable for any personal injury, accidents, or damages caused to the client or their property during the session. 6.2. The client agrees to indemnify and hold Bjorn Smit Photography harmless against any claims, losses, expenses, or liabilities arising from the client's breach of these terms and conditions or any negligent act or omission by the client. 7. Governing Law and Jurisdiction 7.1. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. 7.2. Any disputes arising from these terms and conditions or the provision of our services shall be subject to the exclusive jurisdiction of the courts of South Africa. By booking a session or using our services, you acknowledge that you have read, understood, and agreed to these terms and conditions.