2 Windham Avenue, Memorial Park, KZN, 4094 

TERMS OF USE
GENERAL TERMS AND CONDITIONS & PRIVACY POLICY

GENERAL TERMS AND CONDITIONS 

Photographer: Andrew Brett Photography (owned and operated by Andrew de Beer), 2 Windham Avenue, Memorial Park, KZN, 4094 

Client
Client refers to the person or entity requesting the provision of photographic services. 

1. DEFINITIONS - "Parties" refers to both the Photographer and the Client. - "Specific Terms and Conditions" are those written on the Booking Confirmation agreed between the Photographer and the Client. - "Booking Confirmation" includes the Quote, Invoice, Email, or any written communication confirming the terms of the shoot. - "Works" refers to all images, photos, videos, and other media delivered by the Photographer. - "Editing" means standard adjustments such as cropping, color correction, and minor blemish removal. - "Retouching" refers to advanced manipulation such as object removal, skin smoothing, and other significant modifications. - "Shoot" means the specific photography assignment agreed upon. 

2. SCOPE OF SERVICES is Defined in the Booking Confirmation. 

3. LOCATION, DATE, AND TIME As specified in the Booking Confirmation or written communication. 

4. CANCELLATION, DELAYS, POSTPONEMENT, AND RESCHEDULING - Cancellation within 7 days: full payment due unless rescheduled or otherwise agreed. - Postponement within 24 hours or on the day: 50% of the fee is payable. - Client reimburses the Photographer for any non-recoverable expenses. - Weather or safety-related postponement by the Photographer will still require reimbursement for incurred expenses. 

5. PAYMENT - Full payment confirms the booking unless otherwise specified. - Overdue amounts attract interest at the highest legal rate, compounded monthly. - Client is responsible for legal and collection costs for unpaid debts. - Payments must be free of bank charges; no cash or cheques accepted. 

6. LICENSE FOR USE - Client receives a non-transferable license for personal and promotional use, excluding resale, third-party use, and large-scale advertising without written consent. - All rights not explicitly granted remain with the Photographer. - The license is contingent on full payment. 

7. COPYRIGHT - Andrew de Beer (trading as Andrew Brett Photography) is the author and owner of the copyright of all commissioned works, per the COPYRIGHT ACT NO. 98 OF 1978 (as amended). 

8. INDEMNITY - Client indemnifies Photographer against all claims arising from the shoot or use of the images. - The photographer reserves the right to refuse any work deemed inappropriate. 

9. ELECTRONIC IMAGING AND MANIPULATION - Manipulation of works requires prior written permission and is limited to the original brief. 

10. HOURS OF WORK, OVERTIME, AND DELAYS - Standard working hours: Monday to Friday, 8:00 am to 5:00 pm. - Weekends and public holidays may incur up to 135% of the normal rate. - Delays not caused by the Photographer are billable. - Studio overtime is payable by the Client. 

11. OWNERSHIP OF RAW FILES - Ownership of negatives/raw files remains with the Photographer, unless otherwise agreed. 

12. RIGHT TO CREDIT/BYLINE - Photographer's name will accompany published images unless otherwise agreed. Omission may incur additional charges. 

13. NON-USAGE - Full payment is required even if the Client elects not to use the images. 

14. WEATHER - The Photographer may cancel for weather concerns without liability, but costs may still apply. The client is responsible for weather insurance. 

15. LIMITATION OF LIABILITY - Photographer's liability is limited to the amount paid under this agreement. - The photographer is not liable for consequential losses. - Substitute photographers may be appointed if the original Photographer is unavailable. 

16. GOVERNING LAW - This agreement is governed by the laws of South Africa. 

17. DISPUTE RESOLUTION - Disputes will first attempt mediation. If unresolved, arbitration will follow under AFSA rules in Durban. 

18. CONFIDENTIALITY - The Photographer will maintain confidentiality regarding Client information, except where disclosure is necessary to fulfill obligations. 

19. OTHER TERMS - Additional costs due to Client changes or unforeseen circumstances are payable by the Client. - The photographer retains the right to use images for promotional purposes. - Prices are subject to change until a booking is confirmed.