PHOTOGRAPHY
Any payment made to us (deposit 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. 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. The commencement of the shoot signifies the acceptance of the Cost Estimate in its entirety, and the adoption of this agreement and all its terms and conditions by all parties.
This agreement shall be governed by the laws of the Republic of South Africa:
Additional Fees
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 Cost Estimate from us in the past or viewed our Packages on our website, you are by no means guaranteed of said rate, unless it is our current rate or has been expressly confirmed by us. Cost estimates are valid for 30 days only.
Booking Reservation
A deposit is required to reserve your photo session date and photography package with NikiDesign, as per our Invoice/Cost Estimate.
Deposit and Payment
Your session fee is made up of a deposit and balance, payable before/on your booking date and is not refundable. It covers our time and talent and secures your booking date at current prices (subject to change from time to time, which might include any future sessions). No images or products will be provided until we have received full payment, within the payment period agreed.
Additional Fees
The client is responsible for any additional travel fees at current AA rates, should we be required to travel more than 30km from Melkbosstrand, Western Cape.
Where additional expenses are incurred by NikiDesign 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 the NikiDesign’s normal rates.
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. Any prints, photo books and/or other products are additional, not included in your session fee and to be quoted on separately.
Non-payment or Breach of Contract
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.
Cancellation/Rescheduling of Photo Session
Any deposits paid are non-refundable, should you decide to cancel your photo shoot. If you have to re-schedule, please do so at least 7 days prior to your booking date, so that we have time to fill your booking slot.
Should you/your child/ren be ill or have a family emergency, death in the family or any other life-altering situation, you may reschedule your session – please notify us as soon as possible (preferably at least 24hr in advance if possible).
If you have booked an outdoors/weather dependant photo session, we will contact and advise to re-schedule due to unsuitable weather, should your booking date be flexible. Your session will be moved to the next suitable/available date at no additional cost.
Location, Session Duration and Punctuality
The photo 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. Generally early morning or late afternoon is the best time to allow for ideal lighting conditions (exact time dependant on season).
Please be on time for your photo session, whether it is at your home or on location. 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. 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.
Copyright
NikiDesign is hereby recognised and constituted as the Author of the commissioned works (images and products) produced and shall be the owner of the copyright therein in South Africa and throughout the world and acknowledged as such.
The client is hereby granted an Exclusive Licence for Use in South Africa (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 by NikiDesign, within the payment period agreed. No other right besides those specifically included in the licence are granted in respect of the work(s). All rights not expressly granted to the client, remain the exclusive property of NikiDesign.
No images produced by NikiDesign may be edited or reproduced in any manner without explicit written consent. The client may not redistribute any photographs for profit, commercial endeavours, professional display, photographic competitions or any use other than your own private use. All photographic materials, including but not limited to digital files, remain the exclusive property of NikiDesign. RAW and/or unedited files will not be provided to the client under any circumstances.
LiabilitEditorial Use and Styled Shoots
The Client and/or fellow Service Provider/s agrees to provide a credit line (byline) in the form of the Photographer’s trade name (NikiDesign) 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 NikiDesign for all images produced and provided to them by NikiDesign, as described above.
Media Release, Consent and Photographer’s Use of Images
NikiDesign 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 promoting our business. The client hereby releases NikiDesign and its legal representatives and assigns from all claims and liability in relation to said photographs.
The client hereby consents and agrees that NikiDesign has the right to take photographs 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.
Liability
In the unlikely event that the photographer is injured, becomes too ill or are medically unable to photograph the session, NikiDesign will make every effort to schedule a makeup session at the next available date at no additional cost, or return the client’s deposit should we be unable to do so. 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 deposit/fees paid, but shall have no further liability with respect to this contract.
NikiDesign takes the utmost care to prevent this, but in the unlikely event that images have been lost, stolen, damaged or destroyed for reasons within or beyond NikiDesign’s control, liability is limited to the return of all payments received for the session or to schedule a makeup session at no additional cost to the client.
Although NikiDesign will do our best to avoid any accidents and/or incidents from happening, the client releases all employees of NikiDesign, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.
The Client agrees to indemnify and save harmless the Photographer against all liabilities, claims and legal costs arising out of the Client’s use of the photographs.
NikiDesign is by no means responsible for the quality of services (printing and other) provided by its business partners/other 3rd parties.
Images & Products
NikiDesign reserves the right to artistically interpret, photograph 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.
Quantity of images depend on your selected package and final images are carefully selected by us. NikiDesign will do our 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 cooperating. All images provided are final and subject to the photographer’s discretion and creativity. If any additional photographs or editing is requested after final images have been supplied, it will be subject to an additional editing rate of R600/hr.
You will receive some “teaser” images shortly after your photo session, either via Facebook (to share) or by email/Whatsapp. You will receive a online album link with all edited high res images (for printing) and low res images (for online sharing) within 8-10 weeks of your photo session date.
NikiDesign will keep all images on archive for a reasonable amount of time (at least 1 year 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.
ONLINE STORE
We reserve the right to reject any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via this website for private and domestic purposes.
By using our website, you accept and agree to our Privacy Policy
Your personal information will be used, according to our Privacy Policy, to process your order and tell you about our products and services.
Our website is intended to provide general information about our goods and services, including making purchases via our website. While we do our best to supply accurate information on this site, errors and omissions may occur. We do not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the website or your access to, or inability to access, the website. This includes viruses alleged to have been obtained from the website and your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the website. By using the website, you agree that you are using the website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on, or accessed through, the website.
WEBSITE CONTENT
While we do our best, we cannot guarantee that images on our website exactly represent actual products or their packaging. In particular, the colours shown on the website may not exactly represent the colours of our products because the colours you see on the website depend on the colour reproduction on your computer or mobile device.
Information on this website is subject to change without notice.
The inclusion of any hyperlinks to third-party websites does not imply Niki Design endorsement or approval of such third parties, their websites or their businesses or other activities.
Unless otherwise indicated, copyright in the information on this website is owned by or licensed to Niki Design. This website or any portion of this website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this website on your Internet browser, or where specifically authorised by law or in writing by That Studio.
PRICING
All purchases via the website are transacted in South African Rand.
***Please note: Prices may differ online to in-store***
Prices online are exclusive of delivery charges. Prices are subject to change without notice.
Pricing Errors
That Studio reserves the right to amend any pricing errors displayed due to human error, computer malfunction, or other reasons. That Studio will notify you of any error in pricing and you may elect to not purchase any Good/s where the price has been corrected.
PAYMENTS
We accept payments from Payfast EFT and on collection.
Depending on your circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer. We will not be liable for any costs associated with exchange rates or bank fees.
Purchases made using our payment options are subject to the provider’s terms and conditions.