1. DEFINITIONS AND AGREEMENT
This contract is entered into between Karen Barnard Photography (hereinafter referred to as “the Photographer”) and the person who has either booked a photography session, paid for a photography session, or received a photography session as a gift (hereinafter referred to as “the Client”).
By confirming a booking, completing a booking form, or making any payment towards a photography session, the Client acknowledges that they have read, understood and agreed to be bound by these Terms and Conditions.
These Terms and Conditions apply to the Client as well as any individuals attending or participating in the session, including but not limited to family members, guests or event attendees. The Client accepts responsibility for communicating these terms to all relevant parties.
This agreement becomes effective and binding once a booking is confirmed by the Photographer and or any payment has been received.
Upon confirmation, the Photographer reserves the agreed date and time exclusively for the Client and will decline other bookings for that period. As a result, all fees paid are subject to the cancellation terms outlined in this agreement.
This document constitutes the full agreement between the Photographer and the Client and supersedes any prior discussions or correspondence.
2. BOOKING AND PAYMENT
A booking is only confirmed once the required booking fee has been received by the Photographer. No session date or time will be held provisionally without payment.
For sessions booked more than 30 days in advance, a non-refundable booking fee of 50% of the total session fee is required to secure the booking. The remaining balance is payable no later than 7 days prior to the session date.
For sessions booked within 30 days of the session date, full payment of 100% is required at the time of booking.
All booking fees are strictly non-refundable and secure the Photographer’s time and availability for the agreed date and time.
Failure to make any required payment by the specified due date may result in the cancellation of the booking, at the Photographer’s discretion, and the session date may be released.
All additional purchases, including extra digital images, prints or products, must be paid in full at the time of ordering via the online gallery.
Travel costs for sessions outside the Photographer’s standard service area will be quoted separately and must be paid in full prior to the session date.
Payments are to be made via EFT unless otherwise agreed in writing. Cash Send, e-wallet payments or similar methods are not accepted.
3. CANCELLATIONS AND RESCHEDULING
All booking fees are strictly non-refundable. In the event of a cancellation by the Client, any payments made will be retained by the Photographer to cover the loss of the reserved session date and time.
Requests to reschedule a session must be made in writing.
Rescheduling requests made more than 48 hours prior to the scheduled session will be accommodated once, subject to availability. The new session date must take place within a reasonable timeframe agreed upon by the Photographer.
Rescheduling requests made within 48 hours of the scheduled session will be subject to a rescheduling fee. The Photographer reserves the right to determine availability for the new date.
In the event of a no-show or failure to arrive at the agreed time, the session will be considered forfeited and no reschedule or refund will be granted.
Lifestyle Newborn sessions are time-sensitive and scheduled with care. Rescheduling is limited and will only be accommodated within a short timeframe of the original booking, subject to availability and weekday scheduling. If a session cannot proceed due to delays on arrival or the Client not being ready at the agreed time, a rescheduling fee will apply.
If the Photographer is unable to attend due to illness, emergency or unforeseen circumstances, the session will be rescheduled to the next available date. Where possible, a suitable replacement photographer may be appointed with the Client’s consent.
Where a session cannot proceed due to circumstances beyond either party’s control, including but not limited to severe weather or other force majeure events, the session will be rescheduled at no additional cost.
4. SESSION TERMS AND CLIENT RESPONSIBILITIES
The Client agrees to arrive on time for the scheduled session, allowing sufficient time for travel, preparation and any hair and makeup arrangements. Session times are scheduled according to a planned workflow and where applicable, optimal lighting conditions.
Late arrival will result in a reduction of the available session time. The Photographer will not be held responsible for any loss of session time, missed images or compromised lighting conditions due to late arrival.
The Client is responsible for ensuring that all participants are prepared and ready at the agreed start time. This is particularly important for sessions with time constraints, including Lifestyle Newborn sessions and outdoor sessions dependent on natural light.
The Photographer reserves the right to maintain full creative and professional control during the session. Clients and guests are kindly requested not to take photographs or videos during the session using mobile phones or other devices, as this may interfere with the flow of the session and the Photographer’s ability to direct and capture images effectively.
The Client is responsible for the conduct of all participants and guests. Disruptive, unsafe or inappropriate behaviour will not be tolerated. The Photographer reserves the right to pause or terminate the session if such behaviour compromises the safety, workflow or quality of the session. In such cases, no refund or reschedule will be granted.
The Photographer will not be held responsible for incomplete coverage or missed images resulting from lack of cooperation, late arrival, or failure of participants to follow direction.
It is the Client’s responsibility to communicate any specific requests, sensitivities or important individuals to the Photographer prior to the session. While every effort will be made to accommodate reasonable requests, no specific image, pose or outcome can be guaranteed.
5. IMAGE DELIVERY AND TUNRAROUND
Following the session, the Client will receive a private online proof gallery via email to review and select their images. This gallery will be delivered within 7 to 14 working days from the session date.
The proof gallery will contain a curated selection of watermarked images. The Client is required to select their final images for editing within 7 days of receiving the gallery.
If no selection is made within this timeframe, the Photographer reserves the right to select the final images on the Client’s behalf. These selections will be considered final.
Final edited images will be delivered within approximately 20 working days from the date of image selection. Turnaround times may vary depending on workload, the number of images selected and external factors such as power outages.
All editing and retouching are completed in the Photographer’s signature style. The Client acknowledges that they are familiar with the Photographer’s portfolio and accepts this editing approach.
The final images will be delivered via a private online gallery, with instructions for downloading. The gallery will remain available for a limited period of 7 days.
The Client is responsible for downloading and securely backing up all images. The Photographer does not guarantee long-term storage of final images and will not be held liable for any loss once the gallery has expired.
6. PROCUCTS AND PRINTING
All printed products, albums and additional items are ordered separately through the Photographer’s online gallery store.
Once the Client has received their proof gallery, image selection and all product orders will be completed via the integrated online shop. Available products, pricing and options will be clearly displayed within the gallery.
All orders must be paid in full at the time of purchase. No products will be ordered or processed without full payment.
Production of printed products is handled by professional third-party suppliers. As such, turnaround times may vary, but typically range between 7 to 14 working days from the date the order is placed and paid for.
The Photographer will take reasonable care in selecting reputable suppliers and ensuring quality control. However, the Photographer cannot be held liable for delays, defects or colour variations caused by third-party production processes.
Due to the nature of custom printed products, all orders are final. No refunds or exchanges will be issued once an order has been placed, except in the case of manufacturing faults.
The Client will be notified once their order is ready for collection or dispatch, depending on the agreed delivery method.
7. CREATIVE CONTROL AND EDITING
The Photographer retains full creative control over the session, including but not limited to composition, posing, lighting, styling and final image selection.
The Client acknowledges that they are familiar with the Photographer’s portfolio and accepts the artistic style, editing approach and overall creative direction.
Standard editing includes basic retouching such as exposure adjustments, colour correction, contrast, cropping and light skin retouching where necessary. This may include minor blemish removal, softening of skin and general enhancements in line with the Photographer’s style.
Advanced retouching, including but not limited to extensive skin retouching, body reshaping, object removal or detailed manipulation, is not included and may be quoted separately upon request.
The Photographer will deliver a curated selection of images and is not obligated to provide every image taken during the session. Unedited images and RAW files will not be supplied under any circumstances.
The Photographer will aim to deliver a consistent and visually cohesive gallery. While every effort is made to ensure accurate colour representation, exact colour matching cannot be guaranteed due to variations in lighting conditions, locations and viewing devices.
Requests for re-edits or alterations outside of the Photographer’s standard editing style may be declined or subject to an additional fee.
8. COPYRIGHT AND USAGE
All images captured by Karen Barnard Photography remain the intellectual property of the Photographer and are protected under the Copyright Act No. 98 of 1978.
Copyright of all images is retained by the Photographer at all times. No ownership of copyright is transferred to the Client.
The Client is granted a non-exclusive, non-transferable licence to use the final edited images for personal use only. Personal use includes sharing images on social media, printing for personal display and sharing with friends and family.
Images may not be altered, edited, filtered or otherwise modified in any way without the prior written consent of the Photographer. This includes the application of social media filters or cropping that alters the integrity of the image.
The Client may not sell, license, publish or use the images for commercial, promotional or advertising purposes without the Photographer’s prior written consent. Commercial usage will be subject to a separate licensing agreement and fee.
In the event that images are used for commercial purposes without permission, the Photographer reserves the right to invoice the Client for unauthorised usage. Payment of such a fee does not transfer copyright ownership.
The Photographer will not supply RAW or unedited image files under any circumstances.
The Photographer will not distribute images to third parties, including family members or guests, without the Client’s permission.
9. MODEL RELEASE
The Client grants Karen Barnard Photography and the Photographer the unrestricted right to use and publish images from the session in which the Client, their family members or guests may appear, for portfolio, marketing, advertising, editorial and promotional purposes.
This includes, but is not limited to, use on the Photographer’s website, social media platforms, online galleries, printed material, studio display and competition entries.
All images will be used in a professional and respectful manner and will never be used in a way that is defamatory, unlawful or inappropriate.
If the Client prefers that their images are not used for marketing or public display, this must be communicated in writing prior to the session date. While every reasonable effort will be made to honour such requests, the Photographer reserves the right to use images where individuals are not clearly identifiable.
No compensation will be provided for the use of images for the purposes outlined above.
10. LIABILITY AND FORCE MAJEURE
The Photographer will take all reasonable care in capturing, processing and delivering images. However, in the unlikely event of loss, damage or failure of images due to circumstances beyond the Photographer’s control, the Photographer’s liability shall be limited to the total amount paid by the Client.
The Photographer shall not be held liable for any indirect, incidental or consequential loss, including but not limited to emotional distress, loss of opportunity or loss of income.
In the unlikely event of a complete photographic failure due to technical malfunction, loss of files or other unforeseen issues, the Photographer will, where possible, offer a rescheduled session at no additional cost or refund all monies paid. This shall constitute full and final settlement.
For partial loss or damage to images, liability will be limited to a reasonable portion of the total fee, based on the number of images affected.
The Photographer is not responsible for any injury, loss or damage to persons or property during the session, except where caused by proven negligence.
The Photographer shall not be held liable for factors that may impact the outcome of the session, including but not limited to weather conditions, location restrictions, poor lighting conditions, uncooperative participants or interference from guests.
In the event that the Photographer is unable to perform the services due to illness, emergency or circumstances beyond their control, the Photographer reserves the right to reschedule the session or appoint a suitably qualified replacement photographer. If neither option is possible, a full refund will be issued.
Force majeure includes any event beyond the reasonable control of either party, including but not limited to severe weather, natural disasters, acts of God, load shedding, power outages, government restrictions or other unforeseen disruptions. In such cases, neither party shall be held liable for failure to perform, and the session will be rescheduled at a mutually agreed date.
11. SESSION-SPECIFIC CONDITIONS
Certain session conditions may affect the outcome of the photography experience. The Client acknowledges and accepts the following:
Outdoor sessions are dependent on suitable weather and lighting conditions. The Photographer reserves the right to reschedule a session if conditions are deemed unsuitable. Rescheduling due to weather will be accommodated at no additional cost.
Lifestyle Newborn sessions are scheduled with care to allow for a calm and natural experience within the Client’s home. The Client agrees to ensure that all participants are ready at the agreed time. Due to the time-sensitive nature of these sessions, rescheduling is limited and subject to weekday availability within a short timeframe of the original booking.
Sessions involving babies or young children are subject to the cooperation, mood and wellbeing of the child. While every effort will be made to capture a variety of images, the Photographer cannot guarantee specific poses, expressions or outcomes. No refunds or reshoots will be granted based solely on a child’s lack of cooperation.
The Client is responsible for wardrobe choices for all participants. The Photographer is not responsible for issues relating to clothing, including but not limited to poor fit, visible undergarments, creasing, stains or distracting patterns that may affect the final result.
The Photographer is not responsible for makeup or hair outcomes. Clients are encouraged to ensure that makeup and hair are professionally applied or completed to their satisfaction prior to the session. Additional retouching required due to makeup or hair issues may be subject to an additional fee.
Clients who wear glasses acknowledge the risk of reflections or glare, which may not always be fully correctable in post-production.
The Photographer will take reasonable care during the session, but is not responsible for factors outside of their control that may affect the final result, including environmental conditions, location limitations or subject cooperation.
12. GENERAL PROVISIONS
This agreement constitutes the entire understanding between the Client and Karen Barnard Photography, and supersedes all prior discussions, agreements or correspondence.
No amendment or variation of these Terms and Conditions shall be valid unless agreed to in writing by both parties.
If any provision of this agreement is found to be invalid or unenforceable under South African law, such provision shall be severed and the remaining provisions shall continue in full force and effect.
The failure of either party to enforce any provision of this agreement shall not be deemed a waiver of any rights.
The Client agrees to communicate any concerns or dissatisfaction directly with the Photographer in a timely and reasonable manner, allowing the opportunity for resolution.
Both parties agree to act in good faith and with mutual respect throughout the duration of the engagement.
This agreement shall be governed in accordance with the laws of the Republic of South Africa.
The Client agrees not to publish false, misleading or defamatory statements about the Photographer or the services provided.
Nothing in this clause prevents the Client from sharing honest feedback or opinions based on their experience. Both parties agree to address any concerns directly and respectfully before making public statements.
The Photographer reserves the right to pursue appropriate legal remedies in the event of any reputational harm arising from knowingly false, misleading or defamatory statements made by the Client.