Terms & Conditions

Hay Kay Photography Services Agreement
This agreement for photography services is entered into by the person(s) described on the quote/invoice, referred to as “Client”, and “Hay Kay Photography”, an independent contractor. This contract is not considered “work for hire”.

DESCRIPTION OF SERVICES
Hay Kay Photography will provide high-quality photographic services for the event(s) described in the quote. Unless otherwise noted, we will provide one professional photographer to take photographs using digital camera equipment, producing “Digital Images” in high-resolution .jpg format. In addition to the primary photographer assigned, Hay Kay Photography may use additional photographers and/or assistants at its discretion. The Digital Images will be uploaded to a secure site for download.

COOPERATION & AVAILABILITY
The parties agree to cheerful cooperation for the best possible results. In order to help achieve the best results possible at large events, either the Client or their designee must point out individuals/groups that are important to have photographed. It is the Client’s responsibility to ensure that key individuals are on time, available, and prepared to be photographed.

LIGHTING
Hay Kay Photography is equipped to handle most low-light situations. In situations where flash photography is prohibited or is deemed to be unsafe, the Client agrees to accept the Digital Images as-is, given the technical limitations of low-light photography.

COPYRIGHT, LICENSE TO USE, AND MODEL RELEASE
It is understood that Hay Kay Photography owns the copyright to all of the Digital Images and reserves the right to use them for display, publication,
Advertising or other purposes. Upon receipt of final payment, the Client is granted a Non-Exclusive Unlimited License to use the Digital Images for their own non-commercial purposes, such as printing, electronic messaging, exchange with friends and relatives, or display on the Internet. No Digital Images will be provided to the Client until full payment has been made.

DEPOSIT, RESERVATION, AND SCHEDULING (FOR PERSONAL EVENTS)
For events, a non-refundable retainer totalling 50% of the agreed-upon amount is due upon signature of this agreement. The balance is due the week before the event. Overtime will be charged at R1000 per hour after agreed upon time. Any overtime fees approved verbally by the Client during the event are due upon completion of the event. For Engagement Photo Sessions and Portrait Sessions, payment in full is due at the time the photos are taken. Upon signature and receipt of the deposit, Hay Kay Photography will reserve the specified date and time for the event. All deposits are non-refundable even if the date has changed or the event is canceled for any reason.

PAYMENTS, CORRESPONDENCE
Please send payments and correspondence to alouise@haykay.co.za

LIMITATION OF LIABILITY
Although great care will be taken with the Digital Images, this contract limits the entire liability for any claim, loss, injury, or failure to deliver Digital Images to the return of any fees paid by the Client under this contract. In the unlikely event of personal illness or other circumstances beyond the control of Hay Kay Photography, an attempt will be made to procure the services of another professional photographer to fulfill the obligations of Hay Kay Photography. Hay Kay Photography is not responsible or liable for any other damages beyond the amount of this contract. Client agrees to indemnify, defend and hold Hay Kay Photography and their representatives, agents, contractors, employees, successors and assigns, harmless for any and all liabilities, damages, claims, suits, judgments, costs, fees, and expenses that arise as a result of or in connection with the services provided.

OTHER SERVICES
This contract is for the photography services and electronic delivery of the Licensed Digital Images only. Additional services, such as providing high-resolution Digital Images on physical media, touch-ups, or editing are available as a separate order. Any changes to this agreement must be made in writing and signed by all the parties. This agreement constitutes the entire understanding of the parties. By signing this contract, Hay Kay Photography and the Client agree to all of the terms and conditions stated in this contract.