Photography & Videography Agreement.
Section 1
Definitions & Scope
1.1“Client” refers to the party requesting services as named in the Quotation/Invoice.
1.2“Photographer” refers to Sean van Tonder Photography, its employees, and authorised subcontractors.
1.3“Media” refers to all photographic and videographic material produced under this agreement.
Section 2
Cooling-Off Period
2.1The Client may cancel any booking within five (5) business days of signing or payment (whichever is earlier), without penalty, and will receive a full refund of all amounts paid, provided the session has not yet taken place. This includes, and goes beyond, the cooling-off right under Section 16 of the CPA.
Section 3
Client Instructions & Artistic Discretion
3.1The Brief: Services are based on the details set out in the Quotation, Invoice, or Annexure A (collectively the “Brief”).
3.2Specific Requests: Any “must-have” shot lists must be provided in writing prior to the shoot.
3.3Artistic Style: The Client acknowledges they have reviewed the Photographer’s portfolio and book him for his documentary, storytelling, and editorial style. The Photographer retains full artistic discretion over locations, posing, and composition in line with this style.
3.4Cooperation: The Photographer is not liable for compromised coverage due to uncooperative subjects, interference by third parties (guests), or schedule delays caused by the Client.
Section 4
Copyright & Usage Rights (Act No. 98 of 1978)
4.1Ownership: Per Section 21(1)(e) of the Copyright Act, the Photographer is the sole owner of all copyright and Media produced.
4.2Usage Licence: Unless otherwise stated on the Invoice, a licence is granted for non-commercial / personal use only.
4.2.1Prohibited Commercial Use: Use of Media for billboards, book covers, or paid advertising requires a separate Commercial Licence and “Buy-out” fee.
4.3RAW Files: RAW images and footage are not supplied.
4.4Marketing: The Photographer reserves the right to use Media for marketing and promotional purposes on his website and social media. The Client may opt out of this use at any time by notifying the Photographer in writing, either at the time of booking or by emailing sean@seanvantonder.co.za. Upon receipt of a withdrawal request, the Photographer will remove the relevant Media from his own platforms within thirty (30) days. Media already issued to third-party publications or printed in physical media cannot be retracted. 4.4.1Minors: Where Media features a person under the age of 18, the Photographer will not use such Media for marketing purposes without prior written consent from a parent or legal guardian, in line with Section 35 of POPIA.
Section 5
Payment, Fees & Scope Creep
5.1Booking Fee: A 20% booking fee is required to secure the date. It is non-refundable, except where the Client cancels within the cooling-off period in clause 2.1.
5.2Creative Fee: To establish “reasonableness” under the CPA, the Creative Fee is defined as 70% of the total session price (excluding travel). This covers professional expertise, prep, editing, and date reservation.
5.3Final Payment: Due one week prior to the shoot. For property shoots, the balance is due before the photographs are delivered. Media will not be released until the account is settled in full.
5.4Additional Attendees: If the number of participants exceeds the limit of the booked package (e.g. 6 people), the Photographer will invoice the Client for the additional participants at the rate specified in the Quotation (e.g. R150 per person).
5.5Package Upgrades: If the scope of the shoot significantly exceeds the booked package, the Photographer may automatically upgrade the Client to the next relevant tier to ensure professional coverage.
Section 6
Cancellation, Postponement & Substitution
6.1Cancellation Fees (outside the cooling-off period in clause 2.1):
6.1.1More than 30 business days before the session: only the 20% booking fee is retained.
6.1.2Less than 7 business days before the session: 100% of the Creative Fee is retained, less costs not yet incurred.
6.1.3No cancellation fee applies if the Client cancels because of the death or hospitalisation of the person the booking was for, as required by Section 17(5) of the CPA.
6.1.4From 7 to 30 business days before the session: 50% of the total fee is retained.
6.2Substitution: If the Photographer is unable to attend the session (for example due to illness or an emergency), he may arrange a qualified substitute photographer, but only with the Client’s agreement.
6.3Cancellation by the Photographer: If the Photographer has to cancel the session and the Client does not agree to a substitute photographer under clause 6.2, the Client may choose either a new date or a full refund of all amounts paid.
6.4Rescheduling by the Client:
6.4.1The Client may reschedule once, free of charge, by giving at least seven (7) business days’ notice, subject to the Photographer’s availability.
6.4.2The booking fee is transferred to the new date, which must fall within six (6) months of the original session date.
6.4.3A second reschedule, or a request made with less than seven (7) business days’ notice, is treated as a cancellation under clause 6.1.
Section 11
Selection & Safety
11.1Selection: The Photographer’s decision on the final gallery selection is final. Rejection based on the Client’s physical appearance is not permitted.
11.1.1Notwithstanding clause 11.1, the Client retains the right under POPIA to request that specific images of themselves not be published for marketing purposes, even where such images form part of the final delivered gallery. This separates delivery (the Photographer’s discretion) from publication (the Client’s discretion).
11.2Safety: The Photographer may refuse any request he deems dangerous or potentially damaging to equipment. The Client assumes all risk if they ignore the Photographer’s safety advice.
Section 14
Weather & Environmental Conditions
14.1Discretion: The Photographer monitors weather using technical applications; his decision to postpone based on these predictions is final.
14.2Out-of-Town Protocol: If a reschedule is impossible due to the Client’s departure:
14.2.1All travel fees not yet incurred are refunded.
14.2.2The Photographer retains 25% of the Creative Fee.
14.2.3The remaining 75% of the Creative Fee is refunded, OR the Client may opt for a Gift Voucher for the full amount the Client has paid, valid for three (3) years from the date it is issued.
14.3Partial Performance: If more than 50% of the session is complete before weather interruption, the shoot is deemed finished.
14.4Outdoor Sessions: For outdoor sessions, the Photographer decides on the day whether conditions are unworkable (for example, rain or wind too strong to work in). If so, the session may be moved to a suitable alternative location, or to another date at no extra charge, subject to the Photographer’s availability. If the date cannot be moved (for example, a family celebration), an alternative location will be arranged; if that is not possible, the Photographer will offer the studio as a backup.
Section 16
Force Majeure & Equipment Failure
16.1Act of God: Neither party is liable for failure to perform due to extraordinary circumstances (e.g. natural disasters).
16.2Equipment Failure: The Photographer is not liable for data loss due to equipment malfunction. Liability is limited to a refund of fees paid for the session.
Section 18
Acceptance & Electronic Signature
18.1By inserting your name and surname when booking, you confirm that you have read, understood, and agreed to be bound by all terms and conditions above.
18.2You acknowledge that this electronic signature carries the same legal weight as a handwritten signature under the Electronic Communications and Transactions Act.
Studio-Specific Terms.
These additional terms apply to all sessions booked at the Sea Park studio and operate alongside the Photography & Videography Agreement above.
Studio 1
Strict Occupancy & Capacity Limit
Due to the physical dimensions of the studio, health and safety regulations, and insurance requirements, the maximum occupancy is strictly limited to 6 persons total (including children and infants).
Entry refusal. The Photographer reserves the right to refuse entry to any persons exceeding this limit.
Termination of session. If the Client insists on more than 6 persons being present, the Photographer reserves the right to terminate the session immediately. In this event, the session fee remains non-refundable, as the studio was reserved and the session was made impossible by the Client’s breach of terms.
Studio 2
Right of Admission Reserved (ROAR)
The Photographer reserves the right of admission to the studio premises at all times.
Conduct & safety. The Photographer reserves the right to request any individual to leave the premises immediately if their conduct is deemed aggressive, or if their presence creates a safety hazard or exceeds the maximum occupancy.
Non-compliance. If the Client or their guests refuse to comply with safety instructions, the session will be terminated immediately with a total forfeiture of all fees paid.
Studio 3
Equipment, Props & Backdrop Liability
The Client assumes full financial responsibility for any damage to the studio premises, furniture, props, or photography equipment caused by the Client or their guests.
Seamless paper backdrops. Seamless paper backdrop usage is charged as set out in your quote.
Supervision. Children must be under the direct supervision of an adult at all times. The Photographer is not liable for injuries resulting from a failure to follow safety instructions regarding studio equipment and cables.
Studio 4
Session Timing & Overtime Fees
Studio sessions are booked for a specific time block to ensure the studio remains available for other scheduled clients.
Punctuality. The session begins and ends at the scheduled times. Late arrival by the Client will result in reduced shooting time.
Overtime. Any time spent in the studio beyond the scheduled end time (including outfit changes and packing up) will be billed at an Overtime Rate of R250 per 15-minute increment.
Studio 5
Technical Failure & Power Outage
In the event of a total power outage (including load shedding) or equipment failure that renders the studio unusable, the Photographer will reschedule the session at the earliest available date, with priority. If no suitable date works for the Client, the Client will receive a full refund.
Studio 6
Indemnification
The Client agrees to indemnify and hold the Photographer harmless against any and all claims for personal injury or property damage occurring within the studio premises during the scheduled session.