Terms and Conditions
STANDARD TERMS AND CONDITIONS OF SERVICE
Lood Goosen Photography • LWG Photo • Booth and Video
These Terms and Conditions ("Agreement") govern the relationship between Lood Goosen Photography / LWG Photo / Booth and Video (the "Photographer/Service Provider") and the Client. By accepting a quotation, paying a booking fee, or issuing instructions to commence work, the Client agrees to be bound by these terms in their entirety.
1. DEFINITIONS
• The Provider: Lood Goosen Photography, LWG Photo, or Booth and Video. The Provider reserves the right to assign any of its qualified employees or sub-contractors to fulfill the services. The Client’s contract is with the Business Entity, not a specific individual artist.
• The Client: The person or entity to whom the quotation is addressed.
• The Works: All output produced, including but not limited to high-resolution photographs, edited films, live stream data, and photobooth prints. This specifically excludes Raw files/source data unless otherwise agreed in writing.
• Expenses: Travel (AA rates), accommodation, specialized equipment rental, and licensing fees incurred for the project.
• Booking Fee/Retainer: A non-refundable payment required to secure the Provider's availability for a specific date.
2. ENGAGEMENT & SCOPE OF SERVICE
2.1 Binding Agreement: This Agreement is in full effect once a quotation is accepted (verbally, in writing, on WhatsApp, SMS, Email, or via a Purchase Order) or once a deposit is paid.
2.2 Exclusivity: The Provider commits exclusively to the Client for the booked duration. Consequently, the Client is liable for the full quoted fee regardless of whether the event ends early. If the event runs over the agreed time, the Client agrees to cover additional costs at the Provider’s standard hourly rate. 2.3 Delivery Timelines: While the Provider aims for rapid turnaround, delivery timelines provided are estimates. The Provider shall not be in breach of contract for reasonable delays caused by post-production volume, technical processing, or hardware rendering. The quote includes one (1) round of reasonable final editorial deliverables. Any further requests for changes, will be billed as additional professional time at the Provider’s current hourly rate.
2.4 Briefing & Site Visits: Technical site visits and briefing sessions are excluded from "shoot time" and will be invoiced as additional professional time unless explicitly included in the quote.
2.5 Client Delay & Anti-Ghosting: If the Provider requires input, selection, or feedback from the Client to complete post-production, and the Client fails to provide such input for more than 30 days, the project will be deemed "Completed" and the final balance will become immediately due and payable. A "Re-activation Fee" may apply to resume work after 60 days of Client silence.
3. PAYMENT & SUSPENSIVE CONDITIONS
3.1 The Suspensive Condition: Notwithstanding delivery of any digital files, ownership, copyright, and usage licenses do not transfer to the Client until the invoice is settled in full. Any use of the Works prior to full payment constitutes a criminal and civil infringement of the Copyright Act 98 of 1978. 3.2 Watermarking: Watermarked images/videos are the industry standard for proofing. Watermarks will be removed only upon receipt of cleared funds for the final balance. 3.3 Late Payments: Outstanding balances exceeding 30 days will incur interest at 11.25% per annum (or the maximum rate permitted by the Prescribed Rate of Interest Act), calculated monthly. 3.4 Advance Fees: Fees for photobooth rentals, live streaming data, and specialized equipment rentals are due in advance to secure third-party resources.
4. INTELLECTUAL PROPERTY & USAGE RIGHTS
4.1 Statutory Ownership: The Provider remains the first owner of the copyright in all Works. Raw files, unedited footage, and "out-takes" remain the sole property of the Provider and will not be delivered to the Client, as they represent unfinished work product.
4.2 Non-Transferability: The license granted is personal to the Client. The Client is strictly prohibited from selling, sub-licensing, or "gifting" the Works to third-party vendors (e.g., venues, decorators, makeup artists) for commercial use without a separate written Licensing Agreement and fee from the Provider. The Client shall not facilitate the unauthorized acquisition of the Works by other event vendors (e.g., florists, venues, coordinators). Any vendor requesting images for their own commercial use must be referred directly to the Provider for a separate Licensing Agreement.
4.3 Moral Rights & AI: The Provider asserts all moral rights. The Works may not be edited, filtered, cropped, or manipulated (including AI enhancement or "deepfake" modification) by the Client or any third party without written consent.
4.4 Promotional Rights: The Provider reserves the right to use any Works for marketing, portfolio display, and social media, unless a formal Non-Disclosure Agreement (NDA) is signed and an "Exclusivity Buy-out" fee is paid.
5. LOSS OF INCOME & UNAUTHORIZED USE
5.1 Retrospective Licensing: If the Client or a third party uses the Works before full payment is made, the Provider reserves the right to charge a Retrospective Licensing Fee of 200% of the standard rate to cover the breach of copyright and administrative recovery.
6. CANCELLATION & POSTPONEMENT
6.1 Liquidated Damages: The Client acknowledges that the following fees represent a genuine pre-estimate of liquidated damages (lost opportunity and admin costs) as per the Consumer Protection Act:
• Cancellations within 14 days of the date: 50% of the total quote is due.
• Cancellations within 7 days of the date: 100% of the total quote is due. 6.2 Postponement: Postponements are treated as cancellations unless a new date is agreed upon and a new Booking Fee is paid, subject to the Provider's availability.
7. LIMITATION OF LIABILITY & INDEMNITY
7.1 Technical Failure & Force Majeure: In the event of catastrophic gear failure, theft, or "Acts of God" (e.g., floods, fire, civil unrest) resulting in data loss:
• a. The Provider’s liability is strictly limited to a refund of the creative service fee. All expenses already incurred (travel, rentals, etc.) remain due and payable.
• b. The Provider is not liable for indirect or consequential damages (e.g., the cost of the event itself).
• While the Provider maintains backup equipment, the Client acknowledges that technical gear may fail despite professional maintenance. In the event of a partial equipment failure (e.g., a single light or secondary camera failing), the Provider will continue the service with available gear, and this shall not constitute a breach of contract or grounds for a discount.
7.2 Infrastructure & Load Shedding: The Provider is not liable for stream interruptions or inability to charge equipment caused by "load shedding" or ISP failure, unless the Client has specifically contracted and paid for a dedicated backup power/satellite solution.
7.3 Artistic Judgment: The Provider’s creative interpretation shall prevail. Dissatisfaction with the Provider’s aesthetic style or "creative vision" is not a valid ground for refunds or withholding payment. 7.4 Indemnity: The Client warrants they have obtained all necessary model and property releases. The Client indemnifies the Provider against any claims arising from the subject matter being filmed (e.g., privacy claims from guests).
7.5 Right to Remedy: In the event of a documented technical defect or service failure, the Client agrees to allow the Provider a reasonable opportunity (no less than 7 days) to remedy the defect or provide a replacement service of equivalent value before seeking a refund or legal recourse.
8. CLIENT OBLIGATIONS & SAFETY
8.1 Cooperation: The Provider is not responsible for missing key moments/individuals if they were not made available during the agreed time or if the Client failed to provide a clear brief.
8.2 Safety & Harassment: The Provider reserves the right to terminate services immediately without refund if the environment becomes unsafe or if the Provider/staff are subjected to verbal or physical harassment.
8.3 Damage to Gear: Any damage to the Provider's equipment caused by the Client, their guests, or attendees (e.g., accidental spills or knocked-over lighting) will be invoiced to the Client at full replacement cost.
8.4 Team Welfare: For bookings exceeding four (4) hours, the Client must provide a hot meal and a 30-minute break for the Provider and all staff members present. If no meal is provided, the Provider reserves the right to leave the venue for 45 minutes to source food, and this time will be considered "on the clock" and part of the booked duration.
8.5 Weather & Outdoor Shoots: The Provider is not responsible for weather-related delays or cancellations. If weather conditions (rain, wind, lightning) pose a risk to equipment or staff safety, the Provider reserves the right to pause or move the shoot. If the shoot cannot proceed, it will be treated as a Postponement (Clause 6.2).
9. DATA RETENTION & POPIA
9.1 Retention: The Provider will retain edited files for seven (7) days following delivery. After this, folders may be deleted. It is the Client’s sole responsibility to secure their own backups.
9.2 POPIA: The Client consents to the Provider processing personal information (names, images) solely for fulfilling this Agreement and marketing (per Clause 4.4). Data is handled in accordance with the Protection of Personal Information Act.
10. LEGAL COSTS & JURISDICTION
10.1 Attorney-and-Client Scale: In any legal action to recover fees or protect copyright, the Client shall be liable for all legal costs on an attorney-and-client scale, including collection commissions and tracing fees.
10.2 Jurisdiction: This Agreement is governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Magistrate’s Court.
11. MISCELLANEOUS
11.1 Non-Variation: No amendment or verbal variation shall be valid unless reduced to writing and signed by both parties.
11.2 Severability: If any provision is found invalid, the remainder of the Agreement remains in full force.