Photographer, Creative Individual, and Graphic Designer.

 
Acceptance of Terms and Conditions: 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. 

1. Description of Parties 
   1. The “Client” (or “you/r”) herein refers to the person or organisation, its representatives, successors, assignees, agents and affiliates or family members requesting the provision of photographic services and supply of photographs.
      
   2. The “Photographer” (or “I/us/our/we”) refers to Reinhard van Wyk Photography, aka RVWP and all its photographers, videographers, directors, shareholders, representatives, associates, assistants, affiliates and/or assignees.
      
2. Agreement between Parties
   
   1. Any payment made to the photographer (booking fee and/or final balance settlement) indicates that you have read and understood all the terms and conditions as set out in this document, in its entirety;
      
   2. Your payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly, and in writing, prior to accepting our service. No variation of the terms and conditions of this contract shall be recognised unless explicitly agreed to in writing.
      
   3. The commencement of the shoot signifies the acceptance of the Quotation or Cost Estimate in its entirety, and the adoption of this agreement and all its terms and conditions by all parties.
      
   4. This agreement shall be governed by the laws of the Republic of South Africa.
      
3. Personal Information and POPI Act Compliance
   
   1. RVWP collects basic contact information from you when you fill in a form either on our website or by filling out the daily call sheet handed alongside the Quote/Cost Estimate. Basic information includes your name, email address and phone number.
      
   2. RVWP acknowledges that personal information may be processed in the course of providing photography services.
      
   3. RVWP is committed to protecting your privacy and the confidentiality of any personal information that you provide us with. We do not sell, trade or otherwise transfer your personally identifiable information to outside parties.
      
   4. RVWP and the Client agree to comply with the Protection of Personal Information Act, 4 of 2013 ("POPIA").
      
   5. The Client shall obtain necessary consents from individuals for RVWP to process their personal information for the purposes of the photography services.
      
   6. All information provided will only be used to help us respond to your service and support needs.
      
   7. More details regarding our Website Privacy Policy, will be available once our website is up and running.
      
4. Services Rates & Packages
   
   1. Our rates and packages are valid for a limited time only and are subject to review from time to time, as we see fit. If you have received a quotation from us in the past or viewed our Packages on our website or any other social platform, you are by no means guaranteed of said rate, unless it is RVWP's current rate or has been expressly confirmed by RVWP. Quotations are valid for 30 days only.
      
5. Booking Reservation
   
   1. The Client agrees to pay the Photographer the agreed-upon fee for the photography services.
      
   2. A non-refundable booking fee/deposit of 50% is required to reserve your session date and package with RVWP, as per our Invoice/Quotation, or 
   3. Bookings are made on a strictly first-come-first-served basis. Session date & time will only be secured upon receipt of the booking fee.
      
6. Booking fee and Payment
   
   1. Your fee is made up of a booking fee and balance, payable on the date of your booking and no later than 5 days from when the booking is made. Booking fees are not refundable. It covers our time and talent in preparing for your session, and secures your booking date at current prices (subject to change from time to time, which might include any future sessions).
      
   2. A 50% booking fee of the quoted amount is required upon acceptance of the quotation/cost estimate. Free travel cost for the first 20km return trip from the studio, then AA rate per km. Not applicable for Special discounted packages. Location shoots that are more than 20km return trip, a 100% of travel expenses, accommodation and hiring costs will be payable before the start of the assignment.
      
   3. Booking for the service is only confirmed once the booking fee has been received. Unless agreed to by pre-arrangement, no session will take place without a booking fee Proof of Payment received at least 5x days prior to the booked session day.
      
   4. Billing hour starts upon entry in the Photographer's studio/client site and ends upon leaving the Photographer's studio/client site. 30 minutes over the booked time, will be billed as a full hour.
      
   5. Invoice for the balance of payment will be issued on request once the quotation/cost estimate has been accepted and booking fee paid.
      
   6. Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at its request, the Client shall give approval to and be liable to pay such extra expenses or fees, at the Photographer’s normal rate, in addition to the original estimate agreed. A quotation is deemed an estimate of how long the shoot will take. The photographer will not be held to the quotation if the shoot takes longer than estimated. If the time quoted is not enough the Client will be informed as the shoot progresses and has to decide whether to continue and pay extra expenses or stop and forfeit the photos not taken yet.
      
   7. No images or products will be processed nor provided until we have received full payment, within 24 hours of the service rendered or the payment period agreed.
      
   8. Should the payment balance not have been paid 20 days after the photo session, a Final Notice will be sent to the Client requesting they make arrangements for payment within 30 days from the date of the Final Notice. If no arrangement for payment is made during the 30 days from the Final Notice date, the client's image gallery will be deleted and the Client will have no claim on the fees already paid towards that photo session.
      
7. Additional Fees
   
   1. The client is responsible for any additional travel fees at current AA rates, should we be required to travel more than 15km return trip from Centurion, Gauteng.
   2. Where additional expenses are incurred by Reinhard van Wyk Photography due to changes in the original brief by the Client or by circumstances beyond the Photographer’s control, the client agrees to pay such reasonable expenses and/or fees at our normal rates.
   3. Any additional fees due to the client’s choice of location (e.g. entrance fees, venue fees, etc.) will be for the client’s account. The client is responsible to confirm whether any such fees are applicable and for making any necessary arrangements in advance to use the relevant venue as location.
      
8. Where the client is charged an hourly rate ‘on location’ (eg Event photography), the time charged on location includes everything from the time Reinhard van Wyk Photography arrives at the first shoot location, till the time Reinhard van Wyk Photography packs up and leaves the last shoot location.
   
9. Non-payment or Breach of Contract
   
   1. In the event of non-payment or other breach of this agreement by the client, the Client shall pay all the Photographer’s costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fee and the License to Use contemplated in this agreement shall not exist and be of no force or effect.
      
10. Cancellation/Rescheduling of Photo Session
    
11. In the event of cancellation by the Client, RVWP may retain a non-refundable deposit to compensate for lost opportunities.
    
12. If the Client has to re-schedule, this should be done at least 7 days prior to your original booking date, so that RVWP has time to schedule a next available booking date.
    
13. The Client may reschedule their session at no extra charge only in the following cases (Please notify us as soon as possible and preferably 48 hours in advance, if possible):
    
    1. If the Client or anyone else booked to be part of the shoot falls ill,
    2. Family emergency,
    3. Death in the family,
    4. Other life-altering situations,
    5. If you have booked an outdoors or weather dependent photo session, we will contact and advise you to reschedule due to unsuitable weather, should your booking date be flexible.
    6. Your session will then be moved to the next suitable/available date at no additional cost.
    7. On the session day: If the weather suddenly takes a bad turn and the Client decides to postpone after The Photographer has started the trip to the location, the Client will be liable for the full mileage traveled for the round trip back to the studio plus 100% of any rental fees or other actual expenses.
       
       
14. Location, Session Duration and Punctuality
    
    1. The session duration will be according to your selected package at the location of your choice (additional travel costs may apply). For any family, maternity, couple or pet shoots, we suggest an outdoor location, which makes for beautiful, memorable images.
       
    2. Generally early morning or late afternoon is the best time to allow for ideal lighting conditions indoor and outdoor(exact time depending on season).
       
    3. Please be on time for your photo session, whether it is at your home, on location or at our studio.
       
    4. Please let us know if you are running late. However, please be aware that your slot will still start at the scheduled time and not at the time of arrival, which will result in less time for your session and possibly less final images.
       
    5. Please keep in mind that we may have other responsibilities after your session and therefore may have to cancel, if you are unreasonably late. In which case the client will forfeit the full session fee and will have to reschedule the session at an additional cost, when we have a suitable opening available.
       
    6. Should you decide not to show up for your session without informing us as per points 9.4 and/or 9.5 above, the photos session will be deemed completed and any fees paid towards it will be nonrefundable. In the case of vouchers, not showing up for your allocated session will result in the voucher being deemed fully honoured and now void.
       
    7. 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 the photographer will be the author of the work(s) and the copyright subsisting therein.
       
       
15. Editorial Use and Styled Shoots
    
    1. The Client and/or fellow Service Provider/s agrees to provide a credit line (byline) in the form of the Photographer’s trade name (Reinhard van Wyk Photography) in type no smaller than the nearest text and immediately adjacent to the image used, or the editorial fee is converted to the full commercial rate. All service providers hereby agree to give credit to Reinhard van Wyk Photography for all images produced and provided to them by Reinhard van Wyk Photography, as described above.
       
16. Photographic Materials and Artistic Rights.
    
    1. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.
       
    2. No products, including printed copies and digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
       
    3. The Photographer retains the right of discretion in selecting the photographic materials released to the Client.
       
    4. RVWP is hereby recognised and constituted as the Author of the commissioned works produced and shall be the owner of the copyright therein in South Africa and throughout the world and acknowledged as such.
       
    5. The Client is hereby granted an Exclusive License for Use in South Africa by RVWP (which may not be transferred or assigned without the express written consent of the Photographer) – for personal use only – conditional upon receipt of full payment, within the payment period agreed. No other right besides those specifically included in the license are granted in respect of the work(s). All rights not expressly granted to the Client, remain the exclusive property of Reinhard van Wyk Photography.
       
    6. The Client does not own exclusive rights to use the commissioned work for promotional purposes, without the explicit written consent of the Photographer.
       
    7. No images or footage produced by Reinhard van Wyk Photography may be edited or reproduced in any manner without explicit written consent. Unless agreed to in writing, the client may not redistribute any photographs for profit, commercial endeavours, professional display, photographic competitions or any use other than the Client’s own private use.
       
    8. All photographic materials, including but not limited to digital files, remain the exclusive property of Reinhard van Wyk Photography.
       
    9. RAW & unedited files will not be provided to the client under any circumstances. (The exception to this is when a contract is negotiated before booking, and the appropriate fee is charged (commercial use fee). In this case, the client agrees that Reinhard van Wyk Photography is in no way responsible for any of the RAW files supplied after the session is concluded. The client will also not link any of the RAW photos and resulting images to Reinhard van Wyk Photography).
       
17. Copyright and Reproductions.
    
    1. The Photographer shall own the exclusive rights and copyright to all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, and use, or for display within or on the Photographer’s social media accounts, website and/or studio.
    2. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. 
    3. It is understood that any duplication or alteration of original images by the Client is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, graphic overlays, or modifications of any kind. The Photographer does provide the Client permission to resize photographs for Internet-based or digital usage.
       
        
18. Social Media.
    
    1. The Client may share or post digital photographic material, web post links and social media albums and posts through the use of the share functions, dissemination of direct links, and tagging the Photographer’s social media pages, to credit  and confirm legitimacy of the Photographer’s work.
    2. The “Copyright Year, Photographer Business Name and All Rights Reserved.” must be present in the caption, or on the bottom of a page, for all photographic material uploaded to websites and profiles, to credit  and confirm legitimacy of the Photographer’s work.
    3. Accreditations are as follows: 
       1. On websites, Online Platforms or Profiles: “Copyright © 2023  Reinhard van Wyk Photography. All Rights Reserved.”
       2. Facebook Tag: @Reinvanwyk.photography
       3. Instagram Tag: @Reinvanwyk_photography
    4. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
       
19. Model Release, Consent and Photographer’s Use of Images
    
    1. Reinhard van Wyk Photography retains the right to use the photographs or images in any manner, at any time and in any part of the world for self-promotional purposes – including but not limited to advertising, publication, publicity, display, web content or anything else (except pornographic or defamatory) promoting our business. The client hereby releases Reinhard van Wyk Photography and its legal representatives and assigns from all claims and liability in relation to said photographs.
       
    2. Reinhard van Wyk Photography respects privacy. If the Client does not want any session images posted publicly on any medium, the Photographer must receive written objection before the booked session date. It is the Client’s responsibility to inform the Photographer of any religious/cultural considerations before the session date.
       
    3. The client hereby consents and agrees that Reinhard van Wyk Photography has the right to take photographs\video of you and/or your child(ren), pets and/or property, if applicable. The client hereby certifies that he/she is the parent or legal guardian of any minor(s) as represented in this contract, if applicable and have the legal right and authority to execute the model release, as stipulated in this contract, on behalf of the minor(s) – to be used as described above.
       
20. Liability
    
    1. In the unlikely event that the photographer is injured, becomes too ill or is medically unable to photograph the session, Reinhard van Wyk Photography will make every effort to schedule a make-up session at the next available date at no additional cost, or return the client’s booking fee should we be unable to do so.
       
    2. If the photographer cannot fulfil this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, we will return the client’s booking fee/fees paid, but shall have no further liability with respect to this contract.
       
    3. Reinhard van Wyk Photography takes the utmost care to prevent this, but in the unlikely event that images or footage have been lost, stolen, damaged or destroyed for reasons within or beyond Reinhard van Wyk Photography’ control, liability is limited to the return of all payments received for the session.
       
    4. Although Reinhard van Wyk Photography will do their best to avoid any accidents and/or incidents from happening, the client releases all employees of Reinhard van Wyk Photography, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.
       
    5. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photos that are not produced due to technical failure.
       
21. The Client agrees to indemnify the Photographer against all liabilities, claims and legal costs arising out of the Client’s unauthorised use of the photographs.
    
22. Reinhard van Wyk Photography is by no means responsible for the quality of services (printing and other) provided by its business partners/other 3rd parties.
    
23. Images & Products
    
    1. Reinhard van Wyk Photography reserves the right to artistically interpret, capture and represent any scene, for instance resulting in some images being colour and some B&W. Should the images be rejected for any reason whatsoever after the shoot, the client will still be liable for the payment of the Invoice based on the final Cost Estimate in full. No License for Use will be granted in respect of rejected images notwithstanding payment as aforementioned.
       
    2. EDITING STYLE: Reinhard van Wyk Photography's editing style is as per previous work done and documented on the social media accounts and website portals available. Unless a specific editing request is made by the client in writing prior to the shoot date, only basic skin retouching will be performed on the main model. Advanced editing such as nip-and-tucks, skin smoothing and retouching will incur extra cost unless discussed and agreed to in writing prior to the session.
       
    3. EXTRA EDITING: Any additional editing request(s) must be communicated within 2 weeks of collection of the product and could be subject to additional charge depending on the nature and extent of the request.
       
    4. IMAGE QUANTITY: The quantity of images depends on your selected package and final images are carefully selected by us. Reinhard van Wyk Photography will do their best to ensure that you have a reasonable amount of final images, but there is no guarantee of the quantity of images provided, due to many factors and variables contributing to the photo session, including, but not limited to the weather, the cooperation of yourself, your spouse, children and/or pets, etc. – for which we will not be held liable. No images will be “re-done” on account of models not co-operating.
       
    5. DELIVERY: Depending on the chosen package, you may receive some “teaser” images shortly after your photo session, either via Facebook (to share) or by email. You will receive a URL or a USB with all edited high resolution images (for printing) and low res images (for online sharing) within 14 days of your photo session date – either collected from us, downloadable from a Google Drive link that will be emailed, or mailed to you through registered mail/courier to the address provided by yourself and at additional cost to you (to be quoted for on request). Uploading the same images on the cloud again due to failure to download the original link before the expiry time will incur a charge of R500.
       
    6. PRINTING: Due to the nature of custom photography, all images/sales are final and cannot be canceled should you order any prints, books etc.
       
    7. ARCHIVING: Reinhard van Wyk Photography will keep all images  on archive for a reasonable amount of time (at least 6 months from the date of completion), after which it may be permanently discarded. It is the client’s responsibility to backup any digital files you receive.
       
    8. ALBUM/PHOTOBOOK DESIGN: Reinhard van Wyk Photography will select the photos and design the album in the chosen format. The album will be designed using modern design principles as per the samples displayed on our social media pages and/or website if available. A preview of the finished album will be sent to you electronically for your approval before sending for printing. The Client will be allowed to request changes ONCE and thereafter be charged R400 per additional request.
       
24. Any print or album changes must adhere to the original design flavour and style.
    
25. Vouchers
    
    1. No voucher(s) can be redeemed for cash, but the value of the voucher(s) can be used as credit to upgrade to a bigger photoshoot package.
       
    2. Any voucher(s) session booking(s) made by the recipient of the voucher(s) indicates that the recipient of the voucher has read, understood and accepted all the terms and conditions set out in this document.
       
    3. As per the South African Consumer Protection Act, the value of the voucher is valid for 3 years from the date of issue. The value of the voucher can be used over the 3 years as credit to upgrade to a bigger photoshoot package.
       
    4. Should the recipient of the voucher(s) decide not to show up for his/her photo session without informing us as per points 8.1 and/or 8.2 above, the photos session will be deemed completed and any fees paid towards it will be non-refundable. The voucher will then be deemed to be fully honoured.

1. The content and images used on this website are the property of and copyright by Reinhard van Wyk, trading as Reinhard van Wyk Photography. Certain images may be utilised on other websites under the control of the Photographer and/or Reinhard van Wyk Photography.                  
2. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Reinhard van Wyk Photography and/or the work creator. 
3. Payment Terms: A 50%  NON REFUNDABLE deposit is required to confirm any booking of Reinhard van Wyk Photography. Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the deposit. The deposit will be at the Photographer's discretion at the time of contract signing and is usually necessary for events that are scheduled some time out.  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. 
4. Retention of Title: The Photographer reserves the right to retain all of the Client’s materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.