This contract is between Vivean Botha (hereinafter known as "the Photographer") and the Person who has either; 1. Booked a photo session, or 2. Paid for a photo session, or 3. Received the photo session as a Gift Voucher, or 4. Received a Complimentary Voucher (hereinafter known as "the Client").

These terms and conditions are also binding with relation to the Client's Guests/Family/Attendees during the photo session and it is the Client's responsibility to educate and/or distribute said Terms & Conditions to all persons involved in the booked photo session. This agreement will become effective and binding, once the Confirmation of Booking is received by the Client and payment has been received.

At the time the contract takes effect, the Photographer shall reserve the date and times agreed upon, and not make any other reservations or accept any other Clients for said date and time. For this reason, in the event that the Client cancels the contract for any reason, all monies paid shall be retained by the Photographer in order to offset its loss of business and is not transferable in any way or form. 

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1. BOOKING A PHOTO SESSION:
A 50% Booking Fee is payable to secure the date and time agreed upon. This Booking Fee is Non-Refundable, it being the agreed loss suffered by the Photographer due to the Client's cancellation or the Client failing to be on time for the booked session. Payment of the balance must be paid no later than the date of the session. Only EFT or cash payments will be accepted, NO e-wallet, "Social Media Exposure" or any other forms of payment will be accepted.

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2. GIFT VOUCHERS:
Gift Vouchers are non-refundable and cannot be exchanged for cash, it can only be exchanged for the service quoted on the voucher. Once payment is received, the Photographer will send the Client a digital Gift Voucher in JPEG form through email or WhatsApp Messenger. Gift Vouchers are only valid for 12 months. The Client must provide the unique voucher number when booking.

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3. COMPLIMENTARY VOUCHERS:
Complimentary Vouchers includes; (1) Free Vouchers that are given to the Client by the Photographer, (2) Vouchers that are sponsored by the Photographer to a business/non-profit organisation/person for the intent to be given as prize in a raffle and/or competition & (3) Vouchers given as a prize on Vivean Botha Photography's Facebook Page during raffles and/or competitions. 
The Client will receive a digital Complimentary Voucher through email or WhatsApp Messenger. Complimentary Vouchers are not purchasable and cannot be redeemed for cash, nor can be sold  to other persons and can only be exchanged  for  the service quoted on the voucher. Complimentary vouchers are only valid for 3 months. The Client must provide the unique voucher number when booking.

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4. DURING YOUR PHOTO SESSION:
The Client and the Photographer will meet at the studio, at time date and time agreed upon. DO NOT BE LATE! The Client understands that session times are booked according to a shooting schedule. The Photographer will not be held liable for Client's loss in session time & session fee, the Client is responsible for arriving on time. In the case of the Client not being on time, the time will be deducted from the original agreed session time and the Photographer will not be held responsible for loss of suitable shooting conditions or the missed amount of images agreed upon not obtained within the time remaining for the planned session. Failure to arrive on time will lead to reduced session time and forfeiting some amount of photos. Any emergency scheduling problems and other factors that hinder arriving on agreed time or day must be brought to the Photographer's attention no less than 2 hours ahead of time. Calculate your travel and traffic time accordingly.

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5. POST SESSION:
The retouching & editing process takes approximately 3 - 10 working days to complete, depending on the level of retouching required, amount of images to be retouched, Eskom Loadshedding and the Photographer's schedule. The Photographer will choose the best photographs for editing. NO unedited photographs will be given under any circumstances! The Client will abide by these conditions and accept that Clients are served on a first come, first served basis. The Client will not put the Photographer under any pressure to perform faster in any way or form.

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6. FINAL PRODUCT:
All packages are quoted with a set amount of High Resolution JPEG digital images. Images chosen are solely at the Photographer's discretion and the Client will accept the Photographer's professional discretion in this matter. The Client accepts that technical considerations in photography might result in a specific shot not being suitable for publication or delivering to the Client.

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7. DELIVERY:
The Client will receive a private Online Gallery via WhatsApp and/or email, with instructions to download their session images at their own leisure. The Online Gallery will be available online for 3 months. It's The Client's sole responsibility to download and backup session images on their own devices and/or cloud. In the event that the Client does not have access to the internet, a CD/DVD Disk can be purchased for R20.00, this request must be given to the Photographer one week prior to photo session.

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8. WARDROBE:
The Photographer will not be held liable for wardrobe failure, including and not limited to visible objects in pockets, including and not limited to underwear showing or clothes fitting incorrectly. The Photographer will not be held responsible for unclear eyes while Client is wearing reflective or bifocal glasses. 
Any outfits and/or props included in Maternity, Newborn, Cake Smash or any other packages that are provided by Vivean Botha Photography, are and will remain the property of Vivean Botha Photography. Any damages or loss of property will be added to the Client's account and the full value of said item must be paid in full within 24 hours or the Client forfeits their photo session and monies paid to cover the loss of property.

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9. MAKE-UP & HAIR:
The Photographer will not be held liable for make-up failure, including and not limited to uneven tone, excessive blotched or irritated skin, intentional or unintentional shining of skin, smudged or clogged mascara or make-up smeared or transferred to clothing or guests.The Photographer will not be held liable for hair failure, including and not limited to incorrect hair colour, freshly dyed hair stains on forehead, neck and ears, faulty haircut and flyaway hairs. The Photographer will endeavor to try and remedy above mentioned issues onsite if possible, or digitally without impairing the integrity of the images.

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10. BODY IMAGE & SELF-CARE:
The Photographer encourages positive body image. Flattering clothing and accessories are advised. The Photographer will refuse dramatic digital body changing alterations requests, including but not limited to weight, scars and deformities. The Client affirms self-care of themselves and their guests to arrive and ready to start with clean faces, noses, teeth, hands, clothes and nails. 

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11. RETOUCHING, EDITS & DIGITAL FILES:
Standard portrait retouching includes blemish removal, eye brightening, teeth whitening, contouring and general editing to contrast, levels, saturation, exposure, etc. for a stylized effect. The Client agrees that they are familiar with the Photographer's work as displayed on Facebook and Instagram, and agree to accept the editing choices of the Photographer and abide by the editing style the Photographer chooses for specific conditions of the session. 

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12. GUEST CO-OPERATION:
The Client is responsible for the conduct of their guests. The Photographer will not tolerate verbally or physically abusive behaviour, nor will the Photographer share their time, or compete for the attention of subjects. Unchecked guest conduct interferes with the quality of the images and time taken to retake missed images due to guest involvement. A loss in time results in a loss in images of other subjects. NO smoking, drinking or littering will be tolerated during the session.

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13. SMALL CHILDREN:
The Photographer understands that small children can be very unpredictable and are still learning to communicate or vocalize their feelings or intentions. Therefore, it is agreed that booking and paying for a photo session is at the own risk and discretion of the Client and understands that it may potentially result in photo session failure. If one of the following statements describes your child please reconsider booking a session for your child; the Client's child suffers from separation anxiety, is fearful and gets easily scared of new surroundings or people, hates sticky hands or getting dirty, has never eaten cake or dislikes sweet treats or is a fussy eater. The Photographer will not be held responsible for crying or screaming children resulting in an unsuccessful photo session.

(See Clause 15.3)

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14. CO-OPERATION/NO SHOWS:
The Parties agree to positive co-operation and communication for best result within the definition of the assignment. The Client is responsible to clearly communicate to the Photographer if certain individuals in the attended group must not be photographed in abundance. The Photographer will handle this matter discreetly. The Photographer is not responsible for key individuals' failure to present and/or co-operate during the photo sessions throughout the session time, nor for missed images due to details not revealed to the Photographer in advance. The photo session can be rescheduled at the original portrait session fee.

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15. RE-SHOOTS:
15.1. In the event that the Client is completely dissatisfied with the final results with valid reason, Photographer will re-shoot at a 50% discount from the original quotation. Valid reasoning not being Clause 8, 9, 10, 12 and 14.
15.2. In the unlikely event that the finished product from the session is unusable due to technical problems (camera failure or exposure problems), Photographer will re-shoot at no additional charge. No refunds will be given after the session or retouching process.
15.3. In the event that the Client is dissatisfied with the final results because of Clause 13, the Photographer will allow a re-shoot at 50% discount from the original quotation with the condition being that the Client will only receive the total amount of images booked during the first session.
15.4. Re-shoots must be booked within 3 months from the date of the unsuccessful original booked date.

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16. IMAGE SIZE, COLOUR, STYLE AND COMPOSITION:
High Resolution can vary drastically in capacity; therefore no assurance can be given as to final JPEG size. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. There is a difference in colouration from screen to screen, on print and human eye to human eye, therefore colour accuracy, saturation colour temperature cannot be assured to match what is seen by Photographer during editing versus what the Client will see on their various devices, as well as any printing the Client chooses to do. The Client is aware that  colour dyes and ink in printers may vary and the Client releases the Photographer from any liability or claims whatsoever based upon the fade or discolouration due to inherent qualities from 3rd party print suppliers. 

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17. ORIGINAL FILES:
All images captured by the Photographer are in RAW (also known as a "digital negative") format to ensure high image quality. No RAW files will be given to the Client under any circumstances whatsoever. These files are large in size and require specialized software to view and edit. The Client will receive the selected amount of images in JPEG only, as mentioned in Clause 6.

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18. TECHNICAL DIFFICULTIES:
Unfortunately Loadshedding is a real issue in South Africa. In case of a power outage or lack of electricity for any reason, the Photographer reserves the right to stop shooting, and alternatively grant a re-shoot on an agreed date as soon as possible, free of charge. The Photographer cannot and will not photograph in low-light conditions with a camera flash, as this will result in poor quality images. 

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19. CONSENT AGREEMENT:
The Client grants permission to the Photographer  and their legal representatives, the irrevocable and unrestricted right to use and publish photographs of the Clients, the Client's child(ren), and guests, or in which the Clients may be included for editorial, advertising and other purposes (expect pornographic, defamatory, libellous or otherwise unlawful), and in any other manner and medium, to alter and copyright the same without restriction. The Clients hereby dismisses the Photographer from all claims and liability relating to said photographs. 

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20: COPYRIGHT:
The Client agrees that all images captured are copyrighted and remain the property of Vivean Botha Photography. No copies of images may be sold for profit, in either print- or digital format, by the Client or associates. The photographs given are considered final and may not be altered or edited by anyone else in any way without written consent of the Photographer, this includes photo editing apps and social media "filters". Clients will be granted a printing release permitting Clients to print copies of their allocated images for personal use only. Personal use includes social media displaying on a non-profit base, allocating to friends and/or family, and related. The Photographer is not allowed to distribute the Client's images to other members of the Client's family or friends without the written permission of the Client. 

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21. INJURY: 
The Client shall not hold the Photographer responsible for any harm that may come to the Client(s) during a photo session.

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22. NON-DISPARAGEMENT CLAUSE:
The Client agrees that they will not disparage the Photographer, or post any negative statements, reviews, comments, or feedback about the Photographer on services provided by the Photographer to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, WhatsApp, Instagram and Twitter. Parties agree that it would be impractical and extremely difficult to ascertain the amount of actual damage caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has failed to comply with this provision  liquidated damages of R10,000.00 shall be payable to Photographer within 3 (three) months and the Client agrees that any and all legal fees incurred by the Photographer shall be for the Client's account.

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23. LIMITATION OF LIABILITY:
In the unlikely event of a total failure or cancellation of this contract by either party in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. The Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures. However, in the unlikely event that all the originals are lost, stolen or damaged or destroyed within or beyond Photographer's control, the Photographer's liability is limited to the refund of all payments received, or a re-shoot can be scheduled at no additional cost. The limit for partial loss or damage of the originals shall be a prorated amount of the total amount, based on the percentage of the originals lost or damaged.

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24. EXHIBITION:
The Client grants the Photographer permission to display selected images resulting from the photo session as an example of the Photographer's work and for entrances into photographic competitions. The Client releases all claims to profits that may or may not arise from use of such images. If any boudoir (nude) photos should be taken, the Photographer will not exhibit these in any form.
The Client agrees to the publication of a blog entry in the Photographer's website and this blog publication will be shared on the Photographer's Facebook page and the Client will be tagged in this or the album will be shared on the Client's Facebook wall. The final images may also be published in a Facebook Album at the Photographer's discretion. If the Client does not want images posted to Facebook, the Photographer must receive a written objection before the booked session is entered into. Please advise the Photographer of any religious/cultural considerations before the session date.

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25. ENTIRE AGREEMENT:
These terms & conditions contain the entire understanding between the Photographer and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, this does not mean that any other provision is also waived.