Wedding Contract

1. Engagement of Photographer

1.1 Services.

Subject to the terms set out herein, Client engages Photographer to provide, and Photographer

agrees to provide, the photography services described in this Section 1.1 (the “Services”) in connection with

the wedding of and Client's partner (the “Wedding”).

As part of the Services, the Photographer will produce or take similar action to create materials from Images

and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”).

“Images” means photographic material, whether still or moving, created by Photographer pursuant to this

Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured,

recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or

any other medium.

1.2 Exclusivity.

Client acknowledges and agrees that Photographer will be the exclusive provider of the Services in coverage

of the Wedding, unless otherwise agreed to by the parties in writing.

2. Fees and Deposit

2.1 Fees.

Client will pay Photographer the fees set out herein in this Section 2.1 (“Fees”), including any

applicable federal or state/provincial sales or value-added taxes due on such Fees.

Total Fee for Services: As per Invoice

Additional Hourly Pricing: As per Invoice

Agreed Retainer fee upon signing: 50% of Invoice total

2.2 Retainer Fee.

Client acknowledges and agrees that the retainer amount set out above is due upon the signing of this

Agreement and is not refundable and non transferable, so as to fairly compensate Photographer for

committing her time to provide the Services and turning down other potential projects or clients. Both parties

agree that the Retainer will be credited towards the total Fees payable by Client.

No date is reserved until the retainer fee is received. The balance due for the photography services must be

paid in full no less than 30 days before the wedding date. In the event that the Client fails to remit payment

as specified, the Photographer shall have the right to immediately terminate this Agreement with no further

obligation, retain any monies already paid, and not attend this event. 2.3 Invoice.

Photographer will issue an invoice to Client upon agreement of the Services. Client agrees to

pay all Fees outstanding on or prior to the due dates set out in Section 2.1. Any payment after the due date

will incur a late fee of [10%] per month on the outstanding balance. Client acknowledges that the final

amount payable may be subject to change depending on the amount actual expenses incurred. Client

confirms and agrees that the final calculations provided in the Invoice, should they be different from the

original invoice, will be the final amount payable.

Once the wedding has taken place, NO refunds will be given under any circumstances. In booking Pixie's

Photography, you are making this choice due to Pixie's Photography's particular creative and personal style.

Please do not expect Pixie's Photography to shoot in any other way than that of which you have seen unless

photographer states otherwise.

2.3 Invoice.

Photographer will issue an invoice to Client upon agreement of the Services. Client agrees to

pay all Fees outstanding on or prior to the due dates set out in Section 2.1. Any payment after the due date

will incur a late fee of [10%] per month on the outstanding balance. Client acknowledges that the final

amount payable may be subject to change depending on the amount actual expenses incurred. Client

confirms and agrees that the final calculations provided in the Invoice, should they be different from the

original invoice, will be the final amount payable.

All payments made via direct bank deposit will have an additional fee of R50 per R1000 deposited.

3. Client Responsibilities

3.1 Required Consents.

Client will ensure that all required consents, as applicable, have been obtained prior to performance of the

Services, including any consents required for the performance of Services and the delivery of Work Product

by Photographer and, as applicable, from venues or locales where the Services are to be performed or

from attendees of the Wedding.

3.2 Expenses.

Client will be responsible for reasonable travel expenses incurred by Photographer that are necessary for

the performance of the Services or travel that is otherwise requested by Client where the location of the

performance of the Services is not in the city of Riviera, Pretoria. Client will be responsible for any other

expenses incurred by Photographer that are necessary for the performance of the Services as more

particularly set out in Article 2.

3.3 Meals.

When the number of hours that Photographer will be providing the Services is expected to be in excess

of 4 hours in duration, Client will provide a meal and drinks for Photographer and Photography Staff

(employees, assistants or other parties engaged by Photographer to assist with the Services), or be

responsible for reasonable meal expenses incurred for which Photographer shall provide an invoice.

Since most weddings span over one or even two mealtimes, to avoid an awkward situation & in

consideration of the long day, we ask our clients to provide a meal and drink during the reception for

both photographer and assistant. We need to be seated in the guest's area so that we may be available

to shoot during dinner if needed. Please assign us to our own small table where we can easily get up and

down to continue photography as needed. Please DO NOT seat us on the guest table. Client takes

all responsibility for equipment damages if clients seats us with guests.

3.4 Waiver.

Client (on behalf of himself/herself and any other participant whose image or recording may be captured

by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause

of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of

Images pursuant to this Agreement.

3.5 Coverage.

Unless agreed upon in advance, Pixie's Photography shall be the exclusive photographer retained for

the event. Photographer may bring one assistant at her discretion. Videographers and other vendors

as well as semi-professional photographers must not obstruct or interfere with the official photography

and are not allowed to take any still photos during formal sessions. Wedding guests may take photos,

but it is the responsibility of client to prevent family and friends from interfering with Photographer's duties.

Photographer is not responsible for compromised coverage due to causes beyond her control such as

other people's camera or flash, the lateness of the bride, groom, family members and bridal party members

or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions

of the venues or officiate. Photographer is not responsible for existing backgrounds or lighting conditions

which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule

one-week prior to the event and to send the photographer a copy of the invitation prior to the wedding.

Notification of any changes in schedule or location must be made in a timely manner. Changes can be

made by phone with a follow-up email for documentation. If email is sent, confirmation of receipt must

be obtained.

3.6 Harassment.

Ensuring the appropriate behavior of all guests and other persons at the wedding and other events

covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee

experiences any inappropriate, threatening, hostile or offensive behavior from any guest or other person

at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or

physical conduct of a sexual nature) then the following process shall be followed: First offense: A verbal

warning will be issued to a family member of the client; Second offense: The offending person will be

required to leave the wedding or event; Third offense: Photographer will end wedding coverage

immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder

and client agrees to relieve and hold the photographer harmless as a result of incomplete wedding or

event photography coverage.

4. Photographer Responsibilities

4.1 Equipment.

Client will not be required to supply any photography equipment to Photographer.

4.2 Manner of Service.

Photographer will ensure that the Services are performed in a good, expedient,

workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client's

activities.

4.3 Photography Staff.

Photographer will, and will ensure that all Photography Staff (employees,

assistants or other parties engaged by Photographer to assist with the Services): comply with the

reasonable directions of Client from time to time regarding the safety of attendees at the Wedding and

applicable health, safety and security requirements of any locations where the Services are provided;

ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.

Photographer will be responsible in every respect for the actions of all Photography Staff.

5. Artistic Release

5.1 Consistency.

Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent

with Photographer's current portfolio, and Photographer will use reasonable efforts to consult with Client

and incorporate any reasonable suggestions.

Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can

be promised. Any lists supplied will be used for organizational purposes only. Images determined by the

photographer to be substandard or duplicated may be edited out. The Photographer will use her

professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute

all images that will be made available to Client.

5.2 Style.

Client acknowledges and agrees that:

Client has reviewed Photographer's previous work and portfolio and has a reasonable expectation that

Photographer will perform the Services in a similar style. Photographer will use its artistic judgement when

providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the

Services; and Disagreement with Photographer's aesthetic judgement or artistic ability are not valid reasons

for termination of this Agreement or request of any monies returned.

6. Term and Termination

6.1 Term.

This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all

outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has

been delivered (“Term”).

6.2 Cancellation refunds.

50% of your invoice is held as a retainer fee to save the date for you and is non refundable under any

circumstances. Additionally the following deposit/retainer cancellation fees apply. Percentages are based

on the full invoice amount:

16 Weeks before your wedding - 50% of your invoice refunded

12 Weeks before your wedding - 30% of invoice refunded

8 weeks before your wedding - 20% of invoice refunded

4 weeks before your wedding - No refunds

6.3 Rescheduling.

In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate

Client's change. If Photographer is not able to accommodate Client's change despite using commercially

reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and

that Photographer will be under no obligation to perform the Services other than on the original date of

the Wedding.

6.4 No Refund.

Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on

or prior to the date of Cancellation by Client.

6.5 Replacement.

In the event that Photographer is unable to perform the Services, Photographer, shall cause a replacement

photographer to perform the Services in accordance with the terms of this Agreement.

6.6 No Obligation.

Photographer will be under no obligation to continue Services if client Cancels and then calls the wedding

“back on”.

7. Ownership of Work Product by Photographer

7.1 Ownership of Work.

Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any

attendees at the Wedding) hereby grants Photographer and any of its service providers an exclusive,

royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by

Client or attendees, during the performance of the Services, that may be protected by copyright or any

intellectual property rights (“Wedding Materials”) as part of any Work Product or in connection with the

marketing, advertising or promotion of Photographer's services, including in connection with Photographer's

studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that

no other person or entity has any rights that may prevent or restrict Photographer from using Wedding

Materials as provided herein.

All photos taken by our photographers remain the copyright of Pixie's Photography. We may wish to use

some or all of your photos for promotional material within the studio, on our leaflets, website or Facebook

Page. Permission is herewith given to Pixie's Photography to use any photograph for marketing,

photographic competitions, exhibitions and display. All photos purchased by yourself will be kept on

our files for up to 5 years so should you need another copy, we can retrieve it for you (we will not be held

responsible for the loss of any of these images). All other photos are subject to be removed from our files

3 months after being taken.

8. Limited License to Client

8.1 Personal Use.

Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and

non-sublicensable license to use Work Product for Client's Personal Use, provided that Client does not

remove any attribution notices or copyright notices included by Photographer in any Work Product.

“Personal Use” includes, but is not limited to, use (i) of photos on Client's personal social media pages

or profiles; (ii) in Client's personal creations, such as scrapbooks, albums or personal gifts;

(iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter,

email, or holiday card. Client will not make any other use of the Work Product without Photographer's

prior written consent, including but not limited to use of the Work Product for commercial sale.

9. Indemnity and Limitation of Liability

9.1 Indemnification.

Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents

and independent contractors for any injury, property damage, liability, claim or other cause of action arising

out of or related to the Services and or Work Product Photographer provides to Client.

9.2 Force Majeure.

Photographer shall not be held in breach of or liable under this Agreement for any delay or non-performance

of any provision of this Agreement caused by Force Majeure (Acts of God), Fire, Hijacking, theft and related

events, Malfunction of equipment, Loss of negatives, memory card and / or digital information etc by the

development laboratory. The photographer will not be held responsible for unknown damage of film or

digital equipment. Unless otherwise agreed in the contract between the parties expressly or impliedly,

where a party to a contract fails to perform one or more of its contractual duties, the consequences set

out in this Clause will follow if and to the extent that that party proves: (a) that its failure to perform was

caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been

expected to have taken the occurrence of the impediment into account at the time of the conclusion of the

contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment.

A party invoking this Clause shall be presumed to have established the conditions described in the

preceding paragraph in the case of the occurrence of one or more of the following impediments:

war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to

hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military

mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion

or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic,

pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other

employee restrictions; act of authority whether lawful or unlawful, compliance with any law or governmental

order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of

works, requisition, nationalization; act of God or natural disaster such as but not limited to violent storm,

cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami,

flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment,

factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric

current; general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow,

occupation of factories and premises; shortage or inability to obtain critical material or supplies to the

extent not subject to the reasonable control of the subject Party (“Force Majeure Event”). This provision

shall become effective only if the Party failing to perform notifies the other party within a reasonable time

of the extent and nature of the Force Majeure Event, limits delay in performance to that required by the

Event, and takes all reasonable steps to minimize damages and resume performance.

9.3 Failure to Deliver .

Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product

undeliverable, due to technological malfunctions, service interruptions that are beyond the control of

Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product

that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees at the

Wedding that are beyond the control of Photographer (e.g., camera flashes).

9.4 Maximum Liability.

Notwithstanding anything to the contrary, Client agrees that Photographer's maximum liability arising out

of or related to the Services or the Work Product shall not exceed the total Fees payable under

this Agreement.

10. Waiting Periods, Printing and Charges

10.1 Viewing and ordering your photos.

We aim to have your photos available to view within 1 week of having your pre-wedding / boudoir photo

shoot / wedding shoot. Your photos will be uploaded to an online gallery where you can view and choose

your favourites for editing. Should you not choose your photos for editing within 30 days from them been

uploaded, we will choose the images for your and our selection will be final. The editing process takes

up to 3 weeks for engagement shoots, 10 weeks for wedding shoots and 16 weeks for wedding videos.

We reserve the right to perform editing such as softening skin tone, editing out items not desirable in the

photo, or changing the size and shape of the photo.

Should you require extra editing of your photos, you may be subject to an additional charge which you

will be advised of at the time. By placing an order with Pixie's Photography, you are committing to buy

the ordered products. If you do not download your photos within 2 months of your photo shoot, we will

take this as indication that you do not want them and we may delete them from our files. You will not be

entitled to a refund of your photo shoot.

10.2 Receiving your printed products.

We aim to have your printed products ready within 4 - 6 weeks of your order being placed. You will be

required to check your photos and products on collection. Any problems should be brought to our notice

at that time so that we can rectify them.

10.3 Prices and other charges.

We reserve the right to change our prices at any time. The product price list available to you at your

viewing / ordering session will be the one that was current at the time of you booking. If you postpone

your retainer fee payment, then the price list that is available at the time of postponing will be the one

available for your new booking.

10.4 Engagement Sessions

Engagement sessions that are included as part of a package must take place in Pretoria within 15kms

from Pixie’s Photography. Location fees are not included in packages and will be billed to clients.

11. General

11.1 Notice.

Parties shall provide effective notice to each other via email.

11.2 Survival.

Articles 7, 8, 9 and 11 will survive termination of this Agreement.

11.3 Governing Law.

This Agreement will be governed by the laws of Gauteng, South Africa.

11.4 Amendment.

This Agreement may only be amended, supplemented or otherwise modified by written agreement signed

by each of the parties.

11.5 Entire Agreement.

This Agreement constitutes the entire agreement between the parties with respect to the Services and

supersedes all prior agreements and understandings both formal and informal.

11.6 Severability.

If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part,

by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from

this Agreement and the remaining part of such provision and all other provisions will continue in full

force and effect.

11.7 Agreement

By booking a photo shoot with Pixie’s Photography, you agree to these terms and conditions upon payment

of your invoice.

Wedding Photography Services Agreement

By booking a photography session with Pixie’s Photography, you automatically agree to these terms and conditions when making payment for your photography session.

THIS AGREEMENT is made between (“Client”) and (“Photographer”).

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