TERMS & CONDITIONS

In the following terms & conditions “the photographer” shall mean Rian and Rachel Simon of Simon Digital Media. “The client(s)” is defined as the person(s) in the photograph, unless that person is minor, in which case the guardian of said person(s). These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed upon by the photographer in writing. 

1. COPYRIGHT

i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.

2. DISPLAY

i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc unless explicitly expressed otherwise.

3. CREATIVE LICENSE, COVERAGE, AND REPRODUCTION

i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.

ii. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.

iii. For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

4. PAYMENT

i. A non-refundable booking fee of $100.00 will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.

ii. Payment in full of the remaining balance will be no later than the day of the photoshoot.

iii. Additional goods ordered must be paid for in full at the time of ordering unless explicitly agreed upon by both parties in writing prior to the day of the photoshoot.

iv. Titles to all goods remains with the photographer until paid for in full by the client(s)

5. FORCE MAJEURE

i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.

ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown etc. In this unlikely event, all fees paid will be refunded completely.

6. DIGITAL NEGATIVE FILES

i. All digital negatives remain the property of the photographer. All digital  packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.

ii. Should the digital negative files be lost, damaged, or destroyed for reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

7. ON THE DAY – Events

i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends, and other guests to take photographs throughout the event.

ii. The photographer will not take photos during meals at events unless expressly agreed upon in advanced.

iii. The photographer/s will only be available between the hours of 9:00 AM and 7:00 PM unless expressly agreed upon in writing 2 weeks prior to the event. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.

8. PERSONAL ACCIDENT

i. Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

9. CANCELLATION FEES

i. If the client(s) should have to cancel a booking with no notice the client(s) will forfeit the entire deposit.

ii. Booking cancellation up to or less than 48 hours from booking will forfeit up to but not to exceed deposit fees and any fees already incurred by the photographer.

iii. Cancellation of a booking one week or more will receive a full refund of the deposit and any funds held by the photographer minus fees the photographer may have incurred to facilitate the shoot.

10. DELIVERY

i. The photographer will endeavor to deliver preview images as quickly as possible, typically within one business week. However, this could take up to 4-6 weeks during busy periods.

ii. The photographer cannot be held responsible for delays in physical print delivery because of professional lab delays or product availability.

iii. In the unlikely event that preview prints are suitable but physical prints are not the photographer will inform client(s) of additional delays.