Terms & Conditions

 

The Photographer herein shall mean representative of Johnathan Andrews (Pty) Ltd, appointed to carry out work for a Client.
The Client herein shall mean a person who commissions work from Johnathan Andrews (Pty) Ltd.

The following price list is based on the creation of photographic images for the year 2015 and does not include material costs. These will be quoted separately, as required. All other costs related to the shoot are not included.

The use of the images commissioned by the client will transfer to the client on receipt of full and final payment with the use of the images specific to the purpose the images were commissioned for. The Base Usage Rates (BUR) are allocated time constraints. Half rates are charged at 55% of the applicable full rate and the time is limited to half of the stipulated full fee time. The BUR is based on the use of the photographs in the Republic of South Africa. The BUR is an intellectual property fee and varies according to criteria.

BASE USAGE RATES FOR THE CREATION OF PHOTOGRAPHIC IMAGES/VIDEO, PER HOUR
1. ADVERTISING – up to 8 hours R 1 100.00 per hour
2. COMMERCIAL (AERIAL / CATALOGUE / CORPORATE) – up to 8 hours R 750.00 per hour
3. MAGAZINE ADVERTORIAL & PROMOTIONS/ BOOKS WITH BY-LINE – up to 8 hours R 500.00 per hour
4. JOURNALISTIC / MAGAZINE EDITORIAL WITH BY-LINE – up to 8 hours R 450.00 per hour

DIGITAL CAPTURE (CAPTURED WITH A DSLR)
1a. Digital capture fee – Per supplied HIGH RESOLUTION Image (Processed, unretouched), 1-8 Images R 275.00
1b. Digital capture fee – Per supplied HIGH RESOLUTION Image (Processed, unretouched), 9-15 Images R 165.00
1c. Digital capture fee – Per supplied HIGH RESOLUTION Image (Processed, unretouched), 16-20 Images R 137.50
1d. Digital capture fee – Per supplied HIGH RESOLUTION Image (Processed, unretouched), 21+ Images R 110.00
1e. Supply of video footage per 30 seconds from R 1 000.00
1f. Video editing per hour from R 450.00
1g. Voice over for video POA
1h. Video rendering per format R 295.00
2. Photo Retouching – Per hour R 399.00
3. Supply of Images/Video CD – Per CD R 165.00
4. Supply of Images/Video DVD – Per DVD R 275.00
5. E mailing / Uploading to a server via the internet – Per Mb R 2.00

TERMS AND CONDITIONS
1. The above rates are net and no vat is payable.
2. The supplied Cost Estimate is subject to change as required by the job.
3. All pre and post production work will be charged at a flat rate of R399.00 per hour or part thereof. This includes the attendance of meetings; briefings; location scouting and checking; castings; preparation of extensive cost estimates; set building supervision and supervision of lab work.
4. Normal business hours are 8 am – 5 pm, Mondays to Fridays, charged at Normal Assignment Rates (BUR).
5. Normal overtime hours are 5 pm – 8 am, Mondays to Saturdays charged at 1.5 times the Normal Assignment Rate (BUR).
5.1. Saturdays from 8 am – 12 pm (Midnight) will be charged at 1.5 times the Normal Assignment Rate (BUR).
Sundays and Public
5.2. Holidays will be charged at double the Normal Assignment Rate (BUR).
6. Overtime on half day bookings that run over the stipulated maximum time for that BUR will be charged per hour or part thereof at 1.25 times the half day rate divided by the number of hours applicable to the half day BUR for every hour exceeding the stipulated maximum time for that BUR.
7. Overtime will be charged at a rate of 1.5 times the daily rate divided by the number of hours applicable to it for every hour or part thereof that a full day shoot exceeds the stipulated time. The Call Time of the shoot will be taken as the starting time and the time that the equipment is packed up and loaded for return transport and/or all pre and post production meetings are over, as the finishing time. Overtime will be charged at my discretion.
8. A meal/refreshments break of half an hour will be taken after every four (4) hours worked and will not be included in the working hours applicable to the BUR for the shoot.
9. The AA rate of R6.65 per kilometer (applicable to my car), for petrol and mechanical wear and tear, will be charged for all shoots which require a traveling distance of more than 10 km each way, measured from the photographer’s studio/office.
10. Traveling time to and from a shoot of half an hour each way or less will not be charged for. Traveling time of greater than half an hour will be charged at R175.00 per hour or part thereof.
11. Should the photographer deem it necessary to take an assistant on the shoot the assistant will be charged at 15% of the applicable BUR.
12. A 25% management and administration mark-up will be added to all photographic, video and related materials that are bought on my account for the shoot.
13. Terms of payment are: 70% deposit on commissioning of a shoot and the balance before a shoot takes place, or in certain cases a COD payment can be arrange for the balance. For wedding photography a 50% deposit is payable when the photography is booked and the balance is payable 30 days prior to the wedding day.
13.1. In the event that a shoot is cancelled 30 days or less before a shoot date which has been scheduled and agreed to by the client, the full amount shall be payable by the client. No refunds will be made of any monies paid by a client if cancellation does not reach us 31 days or more before a shoot date (not applicable to weddings).
13.2. Any payments which a client makes towards an invoice or on a quotation shall be deemed acceptance by the client of these terms & conditions and deemed by the photographer as commissioning of work described in an invoice or quotation.
13.2.1. Please note that no refunds are possible for work commissioned. In the event of a payment being made by a client to commission work and the client elects to cancel the commission, the amount paid by a client may be made available as a credit on the client’s account with the photographer and may be used by the client for services offered by the photographer subject to a surcharge of up to 25% of the amount paid by the client.
13.3. Payment made by a client in terms of 13.2. above, prior to a shoot, shall reserve the date(s) and time(s) agreed upon for performing of photographic and/or video production services. The Photographer agrees not to make any other reservations or accept any other clients and/or work commissions for the agreed date(s) and time(s). Therefore, if a client cancels within 30 days from a shoot date for any reason whatsoever, all monies paid by the client shall be retained by the Photographer to offset its loss of business (not applicable to weddings).
13.4. Weddings: Payment made by a client in terms of 13.2. above, prior to the wedding date, shall reserve the date(s) and time(s) agreed upon for performing of photographic and/or video production services. The Photographer agrees not to make any other reservations or accept any other clients and/or work commissions for the agreed date(s) and time(s). Therefore, if a client cancels within 120 days from the wedding date for any reason whatsoever, all monies paid by the client shall be retained by the Photographer to offset its loss of business.
14. Images and video commissioned for the shoot require approval by the Client on set. Should images be rejected for any reason whatsoever after the shoot the Client will be liable for the payment of the Invoice based on the final Cost Estimate in full.
14.1. If post-production work is required to be carried out to images and video, the lead time for the supply of edited images will be a minimum of 5 to 15 working days, unless agreed to otherwise in writing. Note however that shoots which render a large number of photos and long video, may require 30 to 60 working days before supply of final product e.g. weddings.
15. Where additional expenses are incurred by the Photographer 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 Photographer’s normal rates.
16. The Copyright to the photographs and video created for the shoot shall be the property of the Photographer from the time of the creation thereof.
17. An Exclusive License for use is granted to the Client for two media for one year, or one media for two years, or in the case of editorial use once off use in one publication only, within the Republic of South Africa only.
18. The Exclusive License is conditioned upon receipt of payment in full by the Photographer within the payment period agreed.
19. All rights not expressly granted to the Client remain the exclusive property of the Photographer. The Client may not transfer or assign this Exclusive License without the express written consent of the Photographer.
20. International trade treaties and agreements signed by the Republic of South Africa apply.
21. “Client” refers to the person or organisation, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic and or video services and supply of photographs and or video.
22. For editorial use, the Client agrees to provide a credit line in the form of “Photographer: Johnathan Andrews” or “Photography by Johnathan Andrews” in type no smaller than the nearest text and immediately adjacent to the picture used or the editorial fee is converted to the commercial fee.
23. The Photographer retains the right to use the Photographs and video in any manner, at any time and in any part of the world for self-promotional purposes. After the expiry of the Usage license, The Photographer shall be entitled to use the photographs and video for any purpose.
24. 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.
25. In the event of non-payment or other breach of this agreement by the Client, the Client shall pay all of the Photographers costs and expenses incurred in enforcement of the terms of this agreement, including the Photographer’s attorney’s fees.
26. This Agreement constitutes the sole record of the agreement between the parties and supersedes all previous agreements. Neither party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein. No addition to, variation of, novation or agreed cancellation of this Agreement shall be of force or effect unless in writing and signed by or on behalf of the parties.
27. Neither party to this Agreement shall be entitled to cede its rights or assign its obligations to any third party without the prior written consent of the other party.
28. This agreement shall be governed by the laws of the Republic of South Africa, including international trade treaties and agreements entered into by the Republic of South Africa.
29. Any notices to be served in terms of this Agreement shall be in writing and shall be sufficiently served if sent to the party to be served at the addresses of business, by hand, by prepaid registered post or by email. The date of delivery (if by hand or email) shall be deemed to be the date of service or transmission thereof. The date shall be deemed to be 14 days after the date of posting, if mailed by registered mail.
30. The payment for a shoot and/or booking of a shoot and/or commencement of a shoot signifies the acceptance of the above terms and the final Cost Estimate in it’s entirety.
31. Interest at 2.5% per month will be charged on all overdue accounts.

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