“The Photographer” is Erin Shattock. “The Client” is any person who has 1. Booked a photoshoot, or 2. Paid for a photoshoot, or 3. Received the photoshoot as a gift.
All contracts and transactions between The Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contact between the Photographer and all or any of their clients.
These Terms & Conditions are also bound to the Client’s guests/family/attendees during the booked session, and it is the Client’s responsibility to educate and/or distribute these Terms & Conditions to all person(s) involved in the booked session.
The content and images used on this website are the property of and copyright by Erin Shattock, DBA Erin Shattock Photography & Design. Certain images may be utilised on other websites under the control of the Photographer and/or Erin Shattock Photography & Design. No images or content may be copied, duplicated, or otherwise taken from the website without express written permission from Erin Shattock Photography & Design.
A 50% NON-REFUNDABLE deposit is required to confirm any booking of Erin Shattock Photography & Design. Bookings are made on a strictly first-come-first-served basis. Dates will ONLY be secured upon receipt of the deposit.
Balance of payment – payable on the day of the photo-shoot. No images will be released until the final balance is paid in full.
Example: The Photographer is assigned to a project and arrives at your location to perform work as agreed. Upon completion of the work, you will be invoiced, and payment is due. Only EFT (Electronic Funds Transfer) or Cash payments will be accepted.
Any additional payments for extra images, albums, photo prints & canvasses or any other services are to be made when order is placed. Out of town (travelling) expenses, including but not limited to accommodation, fuel and/or car hire, and flights, will be quoted separately outside of Knysna & Plettenberg Bay Local Municipalities
The Photographer reserves the right to charge interest on all overdue invoices at a rate of 5% per month.
The Photographer reserves the right to retain all the Client’s materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the license to reproduce images created by the Photographer will also be revoked until payment has been made.
Your deposit is non-refundable. Cancellations of trips or full week confirmed bookings must be made one week prior to the booking, otherwise, a full fee will be charged, and full reimbursement will be expected. (e.g., costs incurred from transportation, aeroplane, etc.), plus
The Client will not be charged for travel or any other expenses if the Photographer cancels the work.
Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, government regulations, COVID-19 infections, and the fault of a third party.
Unless otherwise agreed in writing, the Client will be charged a 100 percent fee if cancellation of the booked session occurs after the photographer has departed for the location, and 50 percent fee (equivalent to the deposit paid) if cancellation occurs before departure to location.
The Client understands that by entering into this agreement, the Photographer is foregoing other photographic jobs. In the event of a cancellation of the wedding or Photographer’s services, the Client will not be refunded their deposit in order to offset the loss of business and time the Photographer has already invested in aiding the Client and preparing for the Client’s wedding. Cancellation is to be given to the Photographer electronically in writing. Furthermore, the Client will be subject to cancellation fees for the following amounts dependent on the notice period given to the Photographer:
The Photographer may make additional charges, should a booked session and/or assignment overrun which is beyond the control of the Photographer (e.g., including but not limited to, the Client requesting additional photographs over and above the Client’s original brief, etc.). If the work cannot be completed within the agreed amount of time, Erin Shattock Photography & Design and the Client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.
Example: If the Photographer has begun a booked session and/or assignment and the time agreed in the original contract is not adequate to complete the work, the Photographer or the Client can verbally request more time be added to the contract. A notation will be made on the invoice reflecting the day, time and identity of the person(s) who requested and approved the additional time. If the Client does not approve the requested change, the work will be considered complete at the expiration of the time allotted to the work in the original contract and payment for the full contracted amount will be due on the invoice, regardless of whether images have been created or provided to the Client. The Client will receive all work product following payment.
The editing process takes approximately 14 working days (excluding wedding or event sessions) to complete dependent on the number of images, Eskom loadshedding and Photographer’s Schedule.
The Photographer will choose the best images for editing. NO unedited images will be given under any circumstances. The Client will abide by these conditions and accept that Clients are serviced on a first come first served basis.
The Client will not put the Photographer under any pressure to perform fast in any way or form.
All packages are quoted with a set amount of Digital High Resolution JPEG images (unless otherwise stated).
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.
Work is complete when the Photographer provides the Client with the agreed material purchased. This includes access to an online gallery, containing all the edited JPEG images photographed on behalf of the Client. Watermarked Images and/or Proofs may not be copied from the online gallery or used in any form, without express written permission.
The Client will receive a link to a private gallery via WhatsApp and/or Email. The gallery will be available online for 3 months. The Client is responsible to download and backup session images on own devices and/or cloud.
The supply of products and services are provided by the Photographer on a best endeavours basis. The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action (including loadshedding), adverse weather conditions, floods, fire, loss, or damage in transit, etc.
Standard portrait editing includes 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 their website and social media accounts and agrees to accept the editing choices of the Photographer and abide by the editing style the Photographer chooses for the specific conditions of the session.
All image sizes are approximate. High resolution images are between 10-30MB. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record on film or print the exact colour as seen by the human eye. The Client has no right to reject images based on style or composition. The remuneration must be paid in full even if the ordered and delivered photographic images are not used.
All image files captured by the Photographer are in RAW format to ensure high image quality. No RAW files will be given to the client under any circumstance whatsoever. These files are large in size and require specialised software to view and edit. The Client will receive a selected number of images in JPEG format only, as mentioned in “Final Product”.
The Client shall be responsible for the behaviour of any persons accompanying them to a booked session and/or assignment. The Photographer reserves the right to terminate any booked session and/or assignment without notice if he deems the Client’s behaviour to be unruly or unsafe.
In such instances, the Photographer reserves the right to charge his full fees and expenses as described above of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
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 the time take to retake missed images due to guest involvement. A loss in time results in a loss in images of other subjects.
The Photographer understands that small children can be very unpredictable and are often still learning to communicate or vocalise their feelings or intentions. Therefor it is agreed that booking and paying for a photo session is at the own risk and discretion of the Client and understand that is may potentially result in a photo shoot failure.
The Photographer will not be held liable or responsible for crying or screaming children resulting in an unsuccessful session.
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 fitted incorrectly. The Photographer will not be held responsible for unclear eyes while Client is wearing reflective or bifocal glasses.
The Photographer will not be held liable for make-up failure, including, and not limited to uneven skin tone, excessive blotched or irritated skin, intentional or unintentional shinning 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 hair cut & flyaway hairs. The Photographer will endeavour to try and remedy above mentioned issues onsite if possible, or digitally without impairing the integrity of the images.
The Photographer cannot control the weather. All outdoor sessions are dependent on weather conditions, and the Client will not force the Photographer to use their equipment if the Photographer deems the weather to be unsuitable. In case of unsuitable weather conditions, the date will be rescheduled. Due to the sensitive nature of camera equipment, the Photographer reserves the rights to stop shooting, and take the necessary steps to protect the camera equipment, in the case of bad weather breaking out. The Photographer will not be held responsible for any loss of photographs due to weather conditions. If it is not possible for a session to take place on the scheduled day due to weather, the Photographer and Client will reschedule on an agreed date as soon as possible with no additional charge.
In case of ill health or unforeseen circumstances, session dates may have to be rescheduled by the Photographer. In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to appoint another Photographer to attend on her behalf to undertake the photographer if such a Photographer is available.
All prices shown within the Photographer’s price list are subject to change without prior notice.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
In accordance with South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Erin Shattock Photography & Design retains all copyright benefit for all images created by herself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications, or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by the Photographer, Erin Shattock, the magazine pays you for the image. You owe Erin Shattock Photography & Design 100% of that payment + liquidated damages, on-demand.
Example #2: You send an image created by the Photographer, Erin Shattock, to a commercial website for sale to the public or for other financial gains. You Erin Shattock Photography & Design 100% + liquidated damages of any and all income derived from the use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is for a simple copyright statement be placed near or on the image, and notification of use is communicated to Erin Shattock Photography & Design. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
The Client shall not hold the Photographer responsible for any injury or harm that may come to the Client/s during a photo shoot/session.
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.
The Client agrees that they will not disparage the Photographer, or post any negative statements, reviews, comments, or feedback about the Photographer or 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, Instagram, Google and Twitter. Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that the Client has failed to comply with this provision, liquidated damages of R45 000.00 shall be payable to the Photographer within 3 (three) months and the Client agrees that any and all legal fees incurred by the Photographer shall be for the Clients account.
The Client grants the Photographer permission to display selected images resulting from a photo shoot/session as an examples of the Photographers work and fir entrance into photographic competitions. Clients release all claims to profits that may or may not arise from the use of such images.
The Client agrees to the publication of a blog entry on the Photographer’s website and this blog publication will be shared on the on the Photographer’s Facebook Page / Instagram account and the Client will be tagged in this (if possible). If the Client does not want images published on the Photographer’s website or social media accounts, the Photographer must receive written objection before the booked session begins. Please advise the Photographer of any religious/cultural considerations before the session date.
No variation of the terms of this contract shall be recognised unless agreed in writing.
This agreement shall be governed by the laws of the Republic of South Africa.