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The Wedding Photographer Contract


  • pg 1

              This Agreement is between

 Gerhard Jansen van Rensburg, doing business as The
Wedding Photographer (hereinafter “The Photographer")


              (hereinafter “The Client”)

               relating to the wedding of

                   (Bride) and


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Wedding Date      ________/ ____/ ____ (yyyy/mm/dd)

Day of Week       ____________________________________

Service Venue     ___________________________         Start time   ______________

Reception Venue   ___________________________

Bride’s Information

Name              ___________________________________________________________

Phone             (H) _________________________

                  (W) _________________________

                  (C) _________________________

Address: Physical ______________________________________________________________

        Postal    ______________________________________________________________

Email address     ________________________________

Groom's Information

Name              ___________________________________________________________

Phone             (H) _________________________

                  (W) _________________________

                  (C) _________________________

Address: Physical ______________________________________________________________

        Postal    ______________________________________________________________

Email address     ________________________________

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1. Order. This constitutes an order for photography services. It is understood that all
proofs, digital copies and sample prints remain the property of the photographer and they
may be used for advertising, display or any purpose thought proper by the photographer.

2. Exclusive Photographer. The Photographer shall be the exclusive photographer
retained by The Client for the purpose of photographing the wedding and all other
photographic sittings specified herein. Family and friends of The Client shall be
permitted to photograph the wedding and all other photographic sittings specified herein
as long as they shall not interfere with The Photographer's duties and do not photograph
poses arranged by The Photographer.

3. Liability. Although all care will be taken with the negatives and photographs taken at
the wedding, The Photographer limits any liability for loss, damage or failure to deliver
pictures for any reason to the return of all photographers’ fees paid.

While every reasonable effort will be made to produce and deliver outstanding
photographs of the event, The Photographer’s entire liability to The Client for any breech
of this Agreement, claim, loss or injury arising from The Photographer’s performance is
limited to a refund to Client of appropriate reservations fees and other advance payments
made. Due to the fast-paced nature of the wedding celebration and associated events, no
specific photographs can be guaranteed, although every effort will be made to fulfil all
requests for specific images. The Photographer cannot be held responsible for lack of
coverage caused by, but not limited to, individual(s) not being ready on time, and/or by
church/temple restrictions regarding photography. Family and friends of The Client are
welcome to photograph the event as long as they do not interfere with The
Photographer’s duties. Additionally, The Photographer is not liable for any subjective
interpretations of photography. Please advise of any factors that may affect photography.

4. Inherent Qualities. The length of time a color photograph retains its original color
quality depends on, among other things, the environment in which it is displayed or
stored. Photographic dyes, like dyes used in other products, can change with time. The
Client is aware that color dyes in photography may fade or discolor over time due to the
inherent qualities of dyes, and Client releases The Photographer from any liability for any
claims whatsoever based upon fading or discoloration due to such inherent qualities.

5. Reservation Fee. A reservation fee in the form of a R 2000.00 deposit is payable upon
signature of this contract. Upon signature The Photographer reserves the time and date
agreed upon, and will not make other reservations for that time and date. For this reason
all payments made are non-refundable.

6. Balance payment. Seventy percent (70%) of the full amount is payable ninety days
before the wedding date and is non-refundable.

The balance of the full amount is payable 21 days after the wedding date.

7. Price increases. If the order for photographic services is placed more than 120 days
prior to the wedding date, the price quoted by The Photographer may increase because of

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industry increases. In the case of a price increase The Photographer will notify The Client
of the increase a minimum of 90 days before the date of the wedding. In the case of an
increase coming into effect, The Client will have the option of cancelling this contract by
written notice a minimum of 80 days prior to the wedding date resulting in a full refund
of all fees paid by The Client to The Photographer.

8. Ordering of albums.

  8.1 The Client can choose which family and table photos are to be used in the album,
      if any. The layout and design of the album pages as well as the photos to be used
      in the production of the album will be done at the discretion of the photographer.

  8.2 In the case where The Client choose to do the final approval of the album layout
       the following will apply:
       a) An additional fee will apply.
       b) The Client can choose the photos to be used in the album.
       c) The maximum number of photos to be used in an album depends on the type
           of album and is specified in section 27 (Package details). This number
           includes photos to be used as background images.
       d) The Photographer will do additional advanced editing on the photos selected
           by The Client for use in the album. This set of advanced edited photos will be
           provided to The Client to make a final selection to be used in the album.
       e) The Client will be provided with proofs of the album layout on two occasions.
           The Client will have the opportunity to request changes to be made to the
           layout on both occasions.
       f) All change requests by The Client have to be in written format.
       g) A third and final set of layout proofs will be provided to The Client for final
           approval. This is only to confirm that the change requests made by The Client
           have been applied. No further changes are allowed.
       h) Final approval by The Client for the album layout has to be in written form.
       i) Delivery of albums may take up to six (6) weeks from the date of the final
           approval by The Client.

  8.3 All material will be emailed where possible. If material has to be sent by regular
      mail, it will be mailed to The Client’s postal address. A tracking number will be
      provided to The Client.

  8.4 In the case where either sample photos or album layout proofs are provided to the
       Client for selection, review or approval, The Client has to return the selection or
       approval to The Photographer, in written format, within 8 days of the
       Photographer sending the samples or proofs.

       If The Client has to make a selection of photos and The Photographer has not
       received The Client’s selection within the specified 8 day period, The
       Photographer will make the selection on behalf of the client.

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       If The Client has to make changes or give final approval on the album layout
       proofs and The Photographer has not received The Client’s list of changes or final
       approval within the specified 8 day period, The Photographer will deem the lack
       of response from The Client to be a final approval.

  8.5 It is The Client’s responsibility to follow up and make sure that The Photographer
       has received the correspondence from the client.

9. Photos to be used on 3D Movie Album and Website: The Photographer will choose
the photos as well as music to be used on the 3D Movie Album if ordered, and for display
on the Web site (http://www.theweddingphotographer.co.za)

10. Shipping Liability. The Client is welcome to pick up albums, negatives, prints and
all other products or materials from The Photographer. If this is inconvenient, the items
may be shipped to The Client at The Client’s expense by a shipping method that allows
tracking of the package and with an appropriate amount of insurance. Liability for loss or
damage of any items once they have entered into the custody of the shipping company
will no longer rest with The Photographer but will transfer to the shipping company. The
Client may stipulate in writing a specific shipping company and amount of insurance
coverage, otherwise the client agrees to leave this choice up to The Photographer.

11. Change of Wedding Date. In the case of a change in date of wedding, The
Photographer may allow the booking to be moved to the new date if this date is open in
his calendar and at his sole discretion. In the case where The Photographer is not
available on the new date all fees paid are non-refundable.

12. Acts of God. The Photographers will not be held liable in the event of fire, strike,
casualty, act of God, or other cause beyond the control of the parties.

13. Inclement weather. The Photographer will not be held liable in the event of
environmental conditions beyond his control and reserves the right to decline
photography outdoors in inclement weather. The Client is responsible for alternate
locations for any photographic services.

14. Inherent Defects. Although back-up equipment for most essential items is carried,
The Photographer is not liable for damages, including but not limited to delay or
omission arising from inherent equipment defects or fault, or other causes beyond his
control. Liability in any event is limited to refund of all photographers fees paid.

15. Substitute Photographer. The Photographer may substitute another photographer to
take photographs in the event of The Photographer's illness or of scheduling conflicts. In
the event of such substitution, The Photographer warrants that the photographer taking
photographs shall be a competent professional. The substitute photographer will be bound
by this contract. This substitution is subject to acceptance by The Client prior to the
event. In such case that The Client declines The Photographer’s sending of a substitute

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photographer, The Client may elect instead to terminate this Agreement and receive a full
refund of appropriate reservations fees and other advance payments paid.

16. Original Prints. If the Client is providing original prints, negatives, or transparencies
owned by The Client to The Photographer for duplication, framing, reference, or any
other purpose, in the event of loss or damage due to The Photographer negligence, the
Photographer shall not be liable for an amount in excess of R5.00 per image.

17. Clients wedding day responsibilities. The client shall provide a meal to The
Photographer and his assistant if coverage spans across breakfast, lunch or dinner hours.
The Client shall ensure that a table or other surface is available for The Photographers
equipment. The Client shall make sure that The Photographer and his assistant are, at all
times, treated in an appropriately respectful and sober manner by their guests.

18. Specific Coverage. The Client will furnish The Photographer with a list of any
persons, groups or occurrences specifically desired to be photographed, if any, at least
two weeks before the event date. Because of the nature of the event, The Photographer
cannot guarantee that all photos specified on said list will be taken. All other photographs
taken by The Photographer will be made in his professional discretion.

19. Order of service and floor plan. The Client will furnish The Photographer with an
order of service and a floor plan depicting the table placements at least one week before
the event date.

20. Formal photo session length. Apart from an one hour photographic session of the
bride preparing and an one hour photographic session that includes the taking of the
family photos, an additional two hour session is required for photography of the bride and
groom. The Client will plan the events of the day in such a way that such a two hour
session is available except where alternative arrangements are specified in this contract.

21. Use of a professional makeup artist. The Client will make use of a professional
makeup artist to do the makeup of the bride on the wedding day.

22. Damage to Equipment. In the event any of The Photographer's equipment, or the
equipment of the employees of The Photographer, is damaged or destroyed, either
accidentally or intentionally, by the Client, wedding guests and attendants, or employees
of The Client, The Client is fully responsible for the equipment's replacement at current
new market prices.

23. Responsibility for communication. It is the responsibility of The Client to confirm
with The Photographer that The Photographer has received any communications sent to
The Photographer by The Client.

24. Employees of The Photographer. All specifications in this contract that defines the
liability of The Photographer, also extends to the employees of The Photographer.

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25. Arbitration. All disputes arising under this Agreement shall be submitted to binding
arbitration before one year from the wedding date in Gauteng, South Africa and the
arbitration award may be entered for judgement in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for
a sum less than R200.00.

26. Miscellany. This Agreement incorporates the entire understanding of the parties. Any
modifications of this Agreement must be in writing and signed by both parties. Any
waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent
breach or default of either the same provision or any other provision of this Agreement.
The laws of the Republic of South Africa shall govern this Agreement.

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  27. Package.
  (Note: This package information has to be completed by The Photographer before The
  Client can sign the contract)

Number of hours photographer is available

Prints jumbo format (10 x 15 cm)

Prints (12.5x17.5cm / 5x7 inch)

Prints (15x22.5cm / 6 x 9 inch)

A4 sized enlargements

Coffee table album(s)
 Name of album:
 Size:                     Storybook Portrait (25cm x 34cm) (120 photos max)
 (20 spreads)              Deluxe Square (34cm x 34cm) (130 photos max)
                           Landscape (42cm x 30 cm) (150 photos max)
                           Square (40cm x 40 cm) (150 photos max)
                           Large Landscape (50cm x 40cm) (160 photos max)
 Type of album             Black leather
 cover:                    Brown leather
 Embossing:                Plain (additional R 150/album)
 (Only names)              Gold foil (additional R 200/album)
 Name plate:               Yes /     No (additional R 150/album)
 (Names and/or          Text:
 wedding date)

Mini album(s) (Note: No embossing or name plates on Mini albums)
 Size:                    Mini Book (12cm x 17cm) (Copy of Story Book Portrait)
 (20 spreads)             Mini Deluxe (34cm x 17cm) (Copy of Deluxe Square)
 Type:                    Black leather
                          Brown leather
 Photo on front page:     Yes /    No

No of DVDs with photos

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No of DVDs with digital 3D-album

Client wants to approve album layout before printing            Yes /    No

Additional specifications:

Total cost (R 2000.00 deposit on booking)                   R

  Please note:
  Please note that if additional time of The Photographer is needed on the
  wedding day in excess of the number of hours quoted, a charge of R 600.00 per
  hour will be levied. Only full hours are charged and charging starts 10 minutes
  into the hour.

  Interest of 0.07% per day will be charged on all amounts overdue as specified in
  section 6 of this contract.

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  Note: Please initial all the pages on the bottom right hand side corner.

All terms of this agreement are understood and agreed upon and the terms of this

agreement, dated _____________________, 20____ signed at

___________________________________ are accepted by:

Signature of The Photographer

Signature of The Client

________________________________               _________________________________
Witness                                        Witness

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