TERMS & CONDITIONS

 

Before securing the services of AXLEIMAGE, please read and agree to the following TERMS & CONDITIONS: 

 

ENTIRE AGREEMENT: This agreement contains the entire understanding between AXLEIMAGE and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

 

RESERVATION: A retainer fee OF 50% is required to reserve the dates and times of the SHOOT(S)/EVENT(S). If the SHOOT(S)/EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable. The CLIENT shall also be responsible for payment for any of AXLEIMAGE'S materials charges incurred up to time of cancellation.

 

SHOOT(S)/EVENT(S) SCHEDULE: The client agrees to confirm the schedule one-week prior to the SHOOT(S)/EVENT(S). Notification of any changes in schedule or location (where not arranged by AXLEIMAGE) must be made in a timely manner and confirmation of receipt must be obtained from AXLEIMAGE by the CLIENT.

 

SAFETY: AXLEIMAGE reserves to right to terminate coverage and leave the location of the SHOOT(S)/EVENT(S) if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the SHOOT(S)/EVENT(S); or in the event that the safety of the photographer is in question.

 

SHOOTING TIME / ADDITIONS: The CLIENT and AXLEIMAGE agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the SHOOT(S)/EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.

 

RESPONSIBILITIES: AXLEIMAGE is not responsible for compromised coverage due to causes beyond its control including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to AXLEIMAGE, rendering of decorations, or restrictions of the locations. AXLEIMAGE is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. AXLEIMAGE is not held liable for missed coverage of any part of the EVENT(S). The AXLEIMAGE will not be held accountable for failure to deliver images of any individuals or any objects at the SHOOT(S)/EVENT(S).

 

VENUE AND LOCATION LIMITATIONS: AXLEIMAGE is limited by the rules and guidelines of the location(s) and site management. 

 

FILM and COPYRIGHTS: The photographs produced by AXLEIMAGE are protected by Copyright Law (all rights reserved) and may not be reproduced or altered in any manner without AXLEIMAGE’s explicitly written permission. The copyright  remains with AXLEIMAGE even if the work is commissioned. If the CLIENT has purchased images from AXLEIMAGE, upon final payment by the CLIENT, limited usage rights of the resulting images will be transferred to the CLIENT.  AXLEIMAGE grants the CLIENT permission to share these images on social networking websites, with family and friends, and on vendor websites and print for personal use as long as the images remain unaltered and textual credit is explicitly given to AXLEIMAGE. The CLIENT must obtain written permission from AXLEIMAGE prior to publishing or selling the photographs.

 

MODEL RELEASE: The CLIENT hereby assigns AXLEIMAGE the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction.  The CLIENT releases all claim to profits that may arise from use of images. In the case of very intimate image(s), if The CLIENT'S identity can be recognized, AXLEIMAGES agrees not to make the images public without the CLIENT's consent.

 

LIMIT OF LIABILITY: In the unlikely event that the photographer from AXLEIMAGE is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of AXLEIMAGE, ALXLEIMAGE will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SHOOT(S)/EVENT(S).

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond AXLEIMAGE’s control, including but not limited to camera, hard drive, or equipment malfunction, AXLEIMAGE liability is limited to the return of all payments received for the SHOOT(S)/EVENT(S). 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. ALXEIMAGE is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

 

CAPTURE AND DELIVERY: AXLEIMAGE is not liable to deliver every image taken. The determination of images delivered to the CLIENT is left to the discretion of AXLEIMAGE.

 

POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of AXLEIMAGE

 

PAYMENT SCHEDULE: The aforementioned 50% non-refundable retainer fee is due when booking. The remaining balance is payable in full before delivery of images can be made. In the event the CLIENT fails to remit payment as specified, AXLEIMAGE shall have the right to immediately terminate this agreement with no further obligation and retain any monies already paid. 

 

Please contact us at info@axleimage.co.za or via our CONTACT tab if you have any questions regarding these terms & conditions.