The "client" (or "you/r") heirin refers to the person or organisation, it's representitives, successors, assignees, agents and affiliates or family members requesting the provision of photographic services and supply of photographs


The "Photographer" (or "Us/we/our") refers to Foto Asylum Photography and all its photographers, associates,assistants, affiliates and/or assignees.


Any payment made to us (deposit/final balance settlement) indicates that you have read and understood all the terms and conditions as a legally binding contract, unless otherwise objected to explicitly, and in writing. The commencement of the shoot signifies the acceptance of the Cost estimate in its entirety, adoption of this agreement and all its terms and conditions by all parties.


The agreement shall be governed by the law of the Republic of South africa:


Photography Rates and Packages

Our rates and packages are valid for a limited time only and are subject to review from time to time, as we see fit. If you have received a cost estimate from us in the past or viewed our packages on our website, you are by no means guaranteed of said rate, unless it is our current rate or has been expressly confirmed by us. Cost estimate are valid for 30 days only or as indicated on the quote.


Booking Reservation

A retainer and signing of the booking form is required to reserve your photo session date and photography package with Foto Asylum Photography as per our invoice/cost estimate.


Deposit and Payment

Your session fee is made up of a retainer and a balance, payable before your booking date and it is non-refundable. It covers our time, talent , admistrative costs and secures your booking date at current prices (subject to change from time to time, including future sessions). No Images or products will be provided until we have received full payment within the agreed payment period.


Additional Fees

The Client is responsible for any additional travel fees at current AA rates, should we be required to travel more than the amount stated in the chosen package.


Where additional expenses are incurred by Foto Asylum photography due to changes in the original brief by the client or by circumstances beyond the photographer's, control the client agrees to pay such a reasonable expenses and/or fees at Foto Asylum photography's normal rates.


Any additional fees due to the client's choice of location (e.g entrance fees, venue fees, ect.) will be for the client's account. The client is responsible to confirm if any such fees are applicable and for making the necessary arrangements in advance to use the relevant venue as a location. Any prints, photobooks/and or other products are additional, not included in your session fee and to be quoted on separately.


Non-Payment or breach of contract

In the event of non-payment or other breach of this agreement by the client, the client will pay all the photographers costs and expenses incurred in the enforcement of the terms of this agreement, including the Photographers attorney fees and liscence to use contemplated in this agreement shall not exist and shall be of no force or effect.


Cancellation/Rescheduling of photo session

Any retainers paid are non-refundable, should you decide to cancel your photo session. If you re-schedule, please do so at least 7 days prior to your booking date, so that we have time to fill your booking slot.


Should you/your child/ren be ill or have a family emergency, death in the family or any other life altering situation, you may reschedule your session-please notify us as soon as possible (preferebly at least 24hours in advance if possible).


If you have booked an outdoors/weather dependant photoshoot, we will contact and advise to re-schedule due to unsuitable weather, should your booking date be flexible. Your session will be moved to the next suitable/available date at no additional cost.


Location, session duration and puncuality

The photo session duration will be according to your selected package at the location of your choice (additional travel costs may apply). For any family, couple, maternity or pet shoots we suggest an outdoor location, which makes beautiful, memorable images. Generally early morning and late afternoon is the best time to allow for the best lighting conditions(exact time is dependant on the season)


Please be on time for you photo session, whether it's at home or on location. Please let us know if you are running late. However, please be aware that your slot will start at the scheduled time and not at time of arrival, which will result in less time for your session and possibly less final images. Please keep in mind that we have othe responsibilities after your session and therefore might have to cancel, if you are unreasonably late. In which case you will forfeit the full session fee and will have to reschedule the session at an additional cost, when we have a suitable opening available.


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/portrait 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.


Limited License to Client

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.


LIMITATION OF LIABILITY & INDEMNITY

  • In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance 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.
  • Without detracting from the generality of the above, the Photographer warrants that he takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that any Materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, or in the event the Photographer fails to perform for any other reason beyond the Photographers control, the Photographer’s liability is limited to the return of all payments received for the event package.
  • The Client(s) indemnifies and holds the Photographer harmless against all liability, claims and expenses, including attorney’s fees, arising from Client(s), and/or any third parties use of the Photographer’s Material and / or any loss, damage or misuse of any Photographs supplied by the Photographer, granted that there is no fault on the part of the Photographer.
  • If there is any failure to capture certain images that you have requested or that were discussed at our planning meeting, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to the Client(s) and the Photographer shall not be liable for same.
  • In the unlikely event of the Photographer being unable to attend the wedding due to any cause beyond the Photographer’s control, the Photographer reserves the right to appoint another photographer to attend your wedding on their behalf to undertake the wedding photography to his / her best ability. If the situation should occur and a suitable replacement is not found, responsibility and liability of the Photographer is limited to the return of all payments received for the event package.
  • Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs’ ancillary hereto.


PLACING AN ORDER, RECEIPT OF GOODS AND COURIER FEES

  • The Photographer undertakes to deliver an edited product of the wedding day/Lifestyle session with specific features as contained and outlined in the package offered by The Photographer as selected by the Client(s).
  • Any changes to the wedding photos are to be communicated within 2 weeks from receiving the proof material.
  • In the event of any complaint relating to The Photographer’s service and/or materials, it is agreed that such complaints must be received in writing within 2 weeks of collection of the products ordered, failing which The Photographer shall be deemed not to be in breach of any of its obligations and it shall be agreed that all materials were received in a satisfactory condition
  • The Photographer will choose the images and provide the client with proofs of any album designs to the clients before it goes to print. The client is allowed one round of changes limited to 10 image replacements thereafter any changes will be charged at R350/hour. The Photographer must be notified in writing of any alterations to orders within one working day of the order being placed. All costs incurred due to alterations to the order made by the Client(s) after this time will be for the Client(s) account and the Client(s) will be held liable therefore.
  • In accordance with the accepted practices of all professional photographers and photographic laboratories, the return of any technically acceptable photographs and/or prints and/or any other materials, or demands for refund, will not be entertained on principle. No exception can be made to this rule as the Photographer cannot be held responsible for individual tastes or expectations and the judgment, view, execution and layout of the Photographer will be deemed to be correct.
  • Owing to reflectance caused by a combination of certain dyes and materials, especially synthetic fibers, it is sometimes impossible to record the exact colour of a garment as seen by the human eye. The Photographer will use their skill to produce, to the best of their ability, pleasing prints and to provide a pleasing colour balance based on the flesh tones of the subjects, but cannot guarantee exact colour matches in certain circumstances.
  • Any courier fees for any products to be so delivered are excluded from the quote and are for the Client(s) account. The courier costs are payable before the products are couriered.
  •  All additional orders, reorders and/or reproductions shall be treated as an extension of this contract and are to be placed in writing failing which no responsibility for error will be accepted.
  • The Photographer is able to store completed orders for a maximum of one month, and all other material for a maximum of 6 months, after which time any orders not collected may be destroyed. It is the Clients’ responsibility to ensure that proper backups are kept of the material commissioned and received.
  • While the Photographer will provide their photography and associated services with due skill and diligence, by signing this agreement the client acknowledges that all weddings, lifestyle sessions and events are unique in their design, setup and lighting and as such photographs taken and products produced by the photographer may vary from samples, portfolios or pictures that you may have seen of the photographer’s work


  • Turnaround Time and Peak Season Delays: The Photographer aims to deliver the finished photographs within [6-12] weeks from the date of the Wedding and [3] weeks for lifestyle sessions. However, the Photographer's workload may be significantly higher during peak seasons (e.g., holidays, wedding seasons, Decembers). In such cases, the delivery time may be extended, and the Photographer will make best efforts to communicate any potential delays to the Client. The Client acknowledges that during peak seasons, the estimated delivery time may be extended to [16] weeks for weddings and [4] weeks for lifestyle sessions . The Photographer will provide updates on the progress of editing and delivery as reasonably possible. No RAW files will be given to the client(s) under any circumstances