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“THE CLIENT” is any person, body of persons, firm, or Company with whom Kay Mani Productions enters into a contract for the sale of goods or provision of services by the Photographer.

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This agreement contains the entire understanding between Kay Mani Productions and THE CLIENT. All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

 

Upon receipt of deposit, Kay Mani Productions will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of R500 per service is non‐refundable, even if the date is changed or the function cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is applied towards the contracted service package. 

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Balance of payment - payable on the day of the photo-shoot. No images will be released until the final balance is paid in full. Example: The Photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work you will be invoiced, and payment is due. Payment can be made by Electronic Funds Transfer (EFT) or other means agreed upon prior to the shoot. The Photographer reserves the right to charge interest on all overdue invoices at a rate of 2,5% per month. 

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The parties agree to a pre‐event consultation before the function date in order to finalise the actual shooting times and locations. 

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After the function, Kay Mani Productions will provide THE CLIENT with all content photographs and videos taken at the event. It is understood that Kay Mani Productions will not edit the content unless client requires that service which will be quoted as follows;

 

Photography

Editing R20 per image 

 

Print R10 per 10x15cm

R35 per A4

Videography

Editing R100 per minute of final video product (rounded to nearest minute)

 

Video footage will be edited once THE CLIENT has provided Kay Mani Productions with all the necessary images, music and other material required for the production of the video. THE CLIENT should as soon as possible provide Kay Mani Productions with a list of desired images to be used in the compilation of the photobook and / or prints, should this be part of the chosen package. 

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In the event that THE CLIENT cancels the contracted services outlined in this contract before the function takes place, the deposit will be forfeit. An additional amount will be owing to Kay Mani Productions by THE CLIENT upon cancellation according to the following table. a. Prior to 90days before the date – 20% of the full fee is owing. b. 89 to 60 days before the date – 50% of the full fee is owing. c. 59 to 31 days before the date – 75% of the full fee is owing. d. Less than 30 days before the date – full fee will still be owing.

   

THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs and or video are desired. Kay Mani Productions will NOT be held accountable for not photographing and /or videoing desired people if there is no one to assist in identifying or gathering people for the photograph(s) and / or video. 

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The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Kay Mani Productions is not responsible for key individuals’ failure to be present or to cooperate during photography and / or video sessions, nor for missed images and / or video due to details not revealed to Kay Mani Productions. Kay Mani Productions recommends that THE CLIENT designate an "event guide" (see PRE‐EVENT CONSULTATION above) to point out important individuals to the Photographer and / or videographer, whom THE CLIENT wishes to include in informal or candid photographs and / or video. 

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THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer and / or videographer. Coordination with other service providers is necessary to complete all the photography and / or video sessions as scheduled. THE CLIENT should share the photography and / or video schedule with other service providers to make sure that there is no conflict in times. In addition, events during the function day should be planned to make the best use of time from all vendors.   

 

Kay Mani Productions will not tolerate verbally or physically abusive  behaviour, nor will it share its time or compete with guest photographers and / or videographers for the attention of the subjects. Unchecked guest conduct that interferes with photography and / or videography may seriously affect the quality of the photographs and / or video taken and increase the number of times photos and / or video must be re‐ taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of Kay Mani Productions, it will result in the early or immediate departure of the photographer and / or videographer. THE CLIENT understands that in such an event, no refunds will be granted. 

Set places at a table, food, water and juice will be provided for all staff of Kay Mani Productions working at the function on the function day. Sufficient time will also be allowed for Kay Mani Productions staff to eat their meal. 

The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding and a 90 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 90 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 120 minute window from occurring, Kay Mani Productions shall not be held liable for failure to take desired photographs. 

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The photography and / or videography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and Kay Mani Productions agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the function start late due to any reason whatsoever, Kay Mani Productions will not be held liable for any photographs and / or video not taken. 

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The photographer and / or videographer is limited by the guidelines of the official’s in charge of the function or the function site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer and / or videographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; Kay Mani Productions will offer technical recommendations only. 

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Payment may be made in cash or deposited into the bank account stated on the invoice provided by Kay Mani Productions to THE CLIENT.

 

There is a R200.00 late payment fee for any payments that are not postmarked or delivered to Kay Mani Productions by the required date.   

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Kay Mani Productions will allow for limited professional image manipulation (if technically possible) on any 5 images of THE CLIENT’S choice. This includes opening of individual’s eyes, red eye removal, de‐ageing, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, portrait glamorisation etc. It is understood that if a technicality prevents Kay Mani Productions from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that Kay Mani Productions has performed to its best ability with regard to the specific task and that Kay Mani Productions has no further responsibility towards said image manipulation. 

 

The photographs, video, digital negatives or prints produced by Kay Mani Productions are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Kay Mani Productions’ explicit written permission. 

 

1.  In accordance with section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall not apply to the work(s) to be made in terms hereof and Kay Mani Productions will be the author of the work(s) and the copyright subsisting therein. 

 

2.  Kay Mani Productions supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to THE CLIENT whether on its submission, or on Kay Mani Productions grant of reproduction rights in respect thereof. 

 

3.  Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied. Upon final payment by THE CLIENT, limited usage rights of the resulting images will be transferred to THE CLIENT under the following conditions: The negatives and/or slides and/or high resolution images and / or video may be used by THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.   THE CLIENT must obtain written permission from, and compensate Kay Mani Productions prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.   

 

THE CLIENT hereby assigns and grants Kay Mani Productions and its legal representatives the irrevocable and unrestricted right to use and publish photographs and / or video of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Kay Mani Productions and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Kay Mani Productions may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Kay Mani Productions.   

 

It is understood that Kay Mani Productions will act as the sole and exclusive function photographer and / or videographer. Because of the fact that flashes from guest’s cameras and other video lights may ruin images and / or video taken by Kay Mani Productions, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography and / or videography is not permitted at any time while the professional photographer and / or videographer are in session, unless otherwise indicated by the photographer and / or videographer. Kay Mani Productions suggests that a separate notice be placed in the invitations. The formal photography and / or videography time is for the exclusive use of Kay Mani Productions to capture the formal images and / or video. Because of time constraints and the need for subjects to pay full attention to the professional photographer and / or videographer, guest photography and / or videography cannot be permitted. No other guest/photographer/videographer using professional equipment will be allowed by Kay Mani Productions at any time during the wedding. Kay Mani Productions reserves the right to stop any photographic and / or video services paid for and leave the function should any other person take photographs and / or video with any professional equipment – with the deposit being forfeit. In the case of a wedding: Kay Mani Productions will allow guests to take snapshots and amateur video during the processional and recessional, during candid events at the church, and at the altar during the time Kay Mani Productions equipment is being packed up. In return for this consideration Kay Mani Productions insists no other guest photography take place when or where Kay Mani Productions is working. 

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For Photography Kay Mani Productions will provide a disc with all edited images within 2 weeks of the function. The post editing (DIGITAL IMAGES), printing process (PHOTOBOOKS and PRINTS) as per the package selected can only start once Kay Mani Productions receives the order list for the required images. Digital processing, image manipulation can take anything from 2  ‐ 4 weeks. Kay Mani Productions can therefore only provide the final product 2 – 4 weeks from the date upon which the print list was received. For Videography Video editing will commence once Kay Mani Productions has received all the necessary additional material required for the video production, which includes but is not limited to, music and images.  THE CLIENT is responsible for obtaining photographs (in digital format) form the photographer of the function.    Kay Mani Productions cannot be held liable for late delivery should the additional material not be obtained timorously.   Upon receiving the material delivery of the edited video will be 2 – 4 weeks. THE CLIENT agrees to pay any additional expenses incurred for delivery (e.g. postage and packaging) before the final product is dispatched. 

 

 

Kay Mani Productions’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non‐cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Kay Mani Productions initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, R850.00 an hour is charged for all photography and / or videography services already provided and R350.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half‐hour.   

In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer and / or videographer. Kay Mani Productions will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.   Kay Mani Productions takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs and / or video being lost, stolen or destroyed for reasons within or beyond Kay Mani Productions control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. 

 

 

Although every possible care will be taken to produce photographs and / or video of all important and special events during the function, Kay Mani Productions cannot place an unconditional guarantee on the above. Kay Mani Productions will not be held responsible for any ruined photographs and / or video due to guests’ (or any other) flashes; or any other ruined photographs and / or video due to any other cause in or outside of Kay Mani Productions control. 

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Due to the sensitive nature of camera equipment, Kay Mani Productions reserves the right to stop shooting, and take necessary steps to protect the camera equipment in case the weather turns for the worst, like in the case of rain. Kay Mani Productions will not be held responsible for any loss of photographs and / or video, or shooting time due to weather conditions. Final decision hereof resides with the photographer and / or videographer representing Kay Mani Productions. 

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The performance of this contract on behalf of Kay Mani Productions shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.   

 

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. 

 

This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or   modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Kay Mani Productions at the time of acceptance of this contract shall be recognised as amendments to this contract.

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Booking Days: The Photographer may be booked by the Day (up to eight (8) hours), Half-Day (up to four (4) hours), or the Hour. The minimum hourly booking is one (1) hour.
Confirmed Bookings: All day bookings are computed at eight (8) working hours. Before 8:00 AM and after 6:00 PM or after eight (8) consecutive working hours, time and a half will be charged. After ten (10) consecutive working hours, double time will be charged, unless arrangements have been made in advance. Sunday and legal holidays are billed at time and a half.
Preparation & Wrap Time: Preparation time is billed by the hour with a two (2) hour minimum.
Travel Time: Travel time is computed at a Half-Day rate if booking time is less than a half-day and travel time exceeds sixty (60) minutes or out of Johannesburg for out-of-town locations, travel time to and from bookings is charged at half the day rate.

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Work is complete when the Photographer provides the Client with the agreed material purchased. This includes a Wetransfer.com link, access to a web gallery, and/or prints (as per each contract's specifications) containing all of the RAW or JPEG images photographed on behalf of the Client. Watermarked Images and/or Proofs may not be copied from the web gallery and/or Wetransfer.com or used in any form, without express written permission.