1. 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.
​
2. Website:
The content and images used on this website are the property of and copyright by Obakeng Photography. Certain images may be utilised on other websites under the control of the Photographer and/or Obakeng Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Obakeng Photography and/or the work creator.
​
3. Payment Terms:
Full payment is required to confirm any booking of Obakeng Photography. Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the full amount. You are advised to be on time for your studio session as we charge R500 for late coming which is payable upon arrival. Please note that there are no refunds should you cancel the shoot and should you reschedule the shoot R500 will be added unless or otherwise in the case of emergency.
4. Postponements:
Unless otherwise agreed in writing, the Client will be charged a 100 percent fee if postponement of the studio session or location shoot occurs after the photographer has prepared the studio for work or departed for the location, and 100 percent fee paid if postponement occurs before departure to location or in the day of the studio shoot.
Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
​
5. Overruns:
The Photographer may make additional charges, should an assignment overrun which is beyond the control of the Photographer (e.g. including but not limited to, the Client requesting additional photographs over and above the Client’s original brief, etc.). If the work cannot be completed within the agreed amount of time, Obakeng Photography and the Client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
​
6. Conduct:
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Client’s behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
​
7. Prices & Terms:
All prices shown within the Photographer’s price list are subject to change without prior notice.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
​
8. Copyright:
In accordance with South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Obakeng Photography retains all copyright benefit for all images created by himself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
​
Example #1: You send a magazine an image created by Obakeng Photography, the magazine pays you for the image. You owe Obakeng Photography 100% of that payment + liquidated damages, on-demand.
​
Example #2: You send an image created by a Photographer from Obakeng Photography to a commercial website for sale to the public or for other financial gains. You owe Obakeng Photography 100% + liquidated damages of any and all income derived from the use of that image.
​
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is for a simple copyright statement be placed near or on the image, and notification of use is communicated to Obakeng Photography. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
​
9. Photographic Integrity and Alterations:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
​
10. Rejection:
The Client has no right to reject work on the basis of style or composition unless a rejection fee has been agreed in advance. The remuneration must be paid in full even if the ordered and delivered photographic images are not used.
​
11. Dispute Resolution:
In the event of an irresolvable dispute in the interpretation of the terms of this contract, the Client agrees to submit the dispute to either an arbitration process or mediation process, at the photographer's option.
​
12. Variation:
No variation of the terms of this contract shall be recognised unless agreed in writing.
​
13. Applicable Law:
This agreement shall be governed by the laws of the Republic of South Africa.
​
​
​
