Terms & Conditions of Service
1. Definitions
1.1 "Client" refers to the individual or entity engaging the services of Loch Ness Studios for photography services.
1.2 "Loch Ness Studios" refers to the photography business operated by Kristin Lochner.
1.3 "Services" refer to the photography services provided by Loch Ness Studios as agreed upon by both parties.
2. Booking and Payment
2.1 Booking: Clients are required to book photography sessions in advance by contacting Loch Ness Studios via email or phone. Bookings are subject to availability.
2.2 Payment: A non-refundable deposit of 50% is required at the time of booking to secure the session date and time. The remaining balance is due before final images are delivered.
2.3 Payment Methods: Loch Ness Studios accepts payment via EFT or cash. Payment details will be provided upon booking confirmation.
3. Cancellation and Rescheduling
3.1 Client Cancellation: In the event of client cancellation, the deposit is non-refundable. Clients may reschedule the session with at least 2 weeks notice, subject to availability.
3.2 Loch Ness Studios Cancellation: In the unlikely event that Loch Ness Studios must cancel a session, every effort will be made to reschedule at a mutually convenient time. If rescheduling is not possible, a full refund of any payments made will be provided.
4. Scope of Services
4.1 Photography Services: Loch Ness Studios will provide photography services as agreed upon in the booking confirmation. Any additional services requested by the client may incur extra charges.
4.2 Creative Control: Loch Ness Studios reserves the right to exercise creative judgment in the composition of photographs, including but not limited to lighting, posing, and editing.
5. Delivery of Products
5.1 Delivery Timeline: The delivery timeline for edited photographs will be communicated to the client upon booking confirmation. Every effort will be made to deliver the final products within 2 - 4 weeks.
5.2 Delivery Method: Edited photographs will be delivered electronically via Google Drive and/or Pixieset link, unless otherwise specified.
5.3 Loch Ness Studios will keep the link active for 2 weeks after delivery. A copy of the edited images will be kept on a external hard drive for one year. Images can be given again upon request within that year if needed, but Loch Ness Studios are not responsible if images on hard drive gets lost within that year.
6. Copyright and Usage
6.1 Copyright: Loch Ness Studios retains the copyright to all photographs taken during the session. Clients are granted personal usage rights only, which include the right to reproduce, display, and distribute the photographs for personal use.
6.2 Commercial Usage: Any commercial usage of photographs, including but not limited to advertising, marketing, or resale, requires prior written consent from Loch Ness Studios and may incur additional fees.
7. Liability
7.1 Limitation of Liability: Loch Ness Studios will take reasonable care in the provision of photography services; however, it shall not be liable for any loss, damage, or injury resulting from circumstances beyond its control.
7.2 Client Responsibility: Clients are responsible for the behavior and safety of individuals participating in the photography session, including children and pets.
8. Travel Expenses
8.1 Loch Ness Studios is pleased to offer photography services within the Citrusdal area at no additional charge.
8.2 For photography sessions requiring travel beyond a 20km radius from Citrusdal to safe and easily accessible locations, a travel fee will apply.
8.3 The travel fee is calculated at a rate of R4.5 per kilometer for distances exceeding the 20km radius from Citrusdal.
8.4 Clients will be informed of the applicable travel fee based on the distance to the session location at the time of booking confirmation.
8.5 All travel expenses, including but not limited to fuel, tolls, and parking fees, will be the responsibility of the client and will be added to the final invoice.
9. Additional Editing and Time Exceedance
9.1 Loch Ness Studios strives to provide high-quality edited photographs to our clients. However, in the event that additional editing is requested after the final images have been delivered, an additional fee will apply.
9.2 The additional editing fee will be determined based on the scope of the requested edits and will be communicated to the client prior to commencement of the additional work.
9.3 Clients are advised to provide detailed editing instructions and preferences during the initial consultation to minimize the need for additional editing.
9.4 Should the photography session exceed the specified time as agreed upon in the initial enquiry, extra costs may apply.
9.5 In the event of time exceedance, clients will receive an amended invoice reflecting the additional time and associated costs. The amended invoice must be paid in full before the final images are delivered.
10. Equipment Damage
10.1 Loch Ness Studios takes utmost care of its equipment to ensure the successful completion of photography sessions. However, in the event that any equipment belonging to Loch Ness Studios is damaged due to the client's negligence or unsafe conditions at the session location, the client will be held responsible.
10.2 Clients will be liable for the repair or replacement costs of any damaged equipment, as determined by Loch Ness Studios.
10.3 Loch Ness Studios reserves the right to charge the client for any equipment damage incurred during the photography session, and such charges will be added to the final invoice.
11. Governing Law
11.1 This agreement shall be governed by and construed in accordance with the laws of South Africa.
12. Entire Agreement
12.1 This document constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
13. Amendments
13.1 Any amendments to this agreement must be made in writing and signed by both parties.
By agreeing and paying a deposit outlined in the invoice, the client acknowledges that they have read, understood, and agreed to the terms and conditions outlined above.