Wedding Booking form
Colour Photography Wedding Contract
A. STANDARD TERMS AND CONDITIONS
I/we acknowledge, confirm and agree that:
- If I/we do not provide Colour Photography with an acceptance of the quotation given and a non-refundable deposit of 50% of the package chosen on the date of reservation of your services, this agreement will lapse and be of no further force and effect (no longer valid) and that you will have no obligation to render any services to me/us.
- Should the wedding for any reason be canceled, that I/we would not be able to claim back the paid deposit.
- The balance of the total amount quoted shall be due and payable and available in cash (in case of an electronic transfer) to Colour Photography in the week before our wedding ceremony. Failing to effect above-mentioned payment or provide proof thereof, Colour Photography can refuse to execute their mandate to take photographs.
- The photographs will be available for collection within 4 months after the wedding (except the storybook).
- I/we accept that the design of the storybook will take longer and will not be available upon collection of the photographs.
- I/we will supply Colour Photography with the storybook photos within two months after I/we received the photos from Colour Photography. If I/we do not supply Colour Photography with the photos within two months, I/we will be charged an additional R500 per album as suppliers prices go up.
- I/we will pay Colour Photography’s transport costs at the rate of R4.00 p/km in the event that our wedding venue or venue where our photographs will be taken, is situated outside of Bloemfontein city center and situated as specified in the quotation.
- There is no provision made for accommodation expenses in our wedding package and an R800 fee per photographer will be added to our final invoice.
- Colour Photography will choose the best photographs to process and print from the batch of photographs taken on our wedding day, but we may order any additional prints not included in your selection. We or anyone other than Colour Photography is not allowed to edit the images given to us. No Instagram or any other photo editing software filter on a computer or cell phone may be used on the photos.
- Depending on which package I/we choose, I/we will be required to ensure to reserve a seat for the photographer and an assistant photographer of Colour Photography at the wedding reception.
- All negatives remain the property of Colour Photography.
- Colour Photography reserves the right to use any of our photographs for advertising or marketing purposes.
- Colour Photography will take all necessary steps required to prevent us from suffering any damages.
- In the event that Colour Photography is found liable for damages caused to us directly or indirectly, Colour Photography shall be limited to the deposit amount in terms of the package quoted for.
- In the event that there is a technology failure Colour Photography cannot be held responsible for the failure.
- I/We shall be liable for payment of any postage/courier fees where applicable. Courier fees are R250 per package.
- I/We understand that Colour Photography will only keep images for 6 months and I/we agree to make a back-up of our wedding images and/or order extra images and CDs.
- The Engagement session can’t be exchanged for money. I/We understand and accept that the engagement session is only an hour long and will receive 100-150 images on a DVD.
B. THE RIGHT OF EQUALITY IN CONSUMER MARKET
- I/we are satisfied that you did not unfairly discriminate against me/us on any grounds whatsoever or did not unfairly treat me in a different manner than the manner in which you treat any other customer in respect of the providing of any similar services and goods.
- I/we have the legal capacity and authority to enter into the Agreement.
C. THE RIGHT TO PRIVACY
- I/we may refuse to accept, inform you in writing to discontinue, register a pre-emptive block with the Administrator of the Registry for Direct Marketing against any direct marketing communication from you.
- I/we have been informed that I/we can obtain any information regarding the Registry for Direct Marketing from the National Consumer Commission (DTI Call share number 0861 843 384).
- Notwithstanding clause A.12 above, you may not disclose any of my/our personal information, other than for the purposes set out in this Agreement, unless required to do so by a court of law or under any applicable legislation.
D. THE RIGHT TO CHOOSE (please read carefully)
- This is not a fixed term contract.
- In the event that I am (/we are) entitled and choose to cancel this agreement prior to the delivery of services (taking of photographs), I/we are aware that we are bound by the terms and conditions set out in clause A (supra).
- Photographs and DVD recordings are considered “Special Order Goods and therefore I/we do not have the right to cancel this Agreement in circumstances where I/we have expressly or implicitly required you to procure, create, or alter the goods to specifically satisfy my/our requirements.
- I/we are entitled to terminate this agreement, provided that we cancel the agreement in writing at least 90 days before the day on which it is scheduled to take the photographs and ensure that written notice was received by Colour Photography. In such event, we acknowledge that /we will forfeit the deposit paid.
- I/we will take delivery of the goods at your business premises unless otherwise agreed to in writing between us.
- I/we have the right, prior to taking delivery, to examine the goods for purposes of quality and description, without removing the goods from your premises.
- Should the goods be damaged during my/our examination as a result of my/our gross negligence, recklessness, malicious (deliberate) behavior or criminal conduct, I/we will be liable to pay the costs for reproduction (printing, editing, etc,) thereof.
- Any delivery dates given are estimates only and no exact delivery date or time has been agreed and that you are not in a position to promise any exact delivery date or time.
- The risk of damage or loss of the goods will pass from you to me on delivery thereof, i.e. by removing or having the goods removed from your premises.
E. THE RIGHT TO DISCLOSURE OF INFORMATION
- The purchase price contained in the Quotation attached to this Agreement was the purchase price displayed and conveyed to me in respect of the goods.
- It has specifically been brought under my attention that the purchase price displayed excludes the agreed delivery costs (if applicable) and any other added items as agreed to in writing and additionally quoted for.
- Payment of the purchase price of the goods must be paid to you without any set-off. Payment must be effected as set out in clause A (supra).
- Payment by cheque for all or part of the purchase price of the goods will only be regarded as payment once the cheque has been honored by my Bank and all effects have been cleared.
- I have been informed that all payments deposited, either by electronic transfer cheques, etc., must be available on request 24 hours prior to the wedding ceremony or photo shoot.
- If you informed me/us that the goods are ready for collection and me/we fail, neglect or refuse to collect or take into possession the goods within 30 (thirty) business days,(Monday to Friday, excluding public holidays) of such notification, or such longer period as agreed to between us, you will be entitled to discard of the goods without further notice to me/us.
F. THE RIGHT TO FAIR AND RESPONSIBLE MARKETING
I/We have not been approached by you or any of your employees either personally, by way of electronic communication or by way of mail for the direct or indirect purposes of enticing me/us to purchase the goods.
G. THE RIGHT TO FAIR AND HONEST DEALING
I have had a proper opportunity to consider the implications of this Agreement and this agreement was concluded out of my/our free will.
H. THE RIGHT TO FAIR, JUST AND REASONABLE TERMS AND
- Any change in the terms in conditions of this Agreement will only be valid if it is made in writing and signed by both of us.
- No granting of any leeway or the granting of any extension of time shall be a waiver of any of our rights under this Agreement and will not create a novation of the Agreement (a new agreement).
- This Agreement shall be interpreted and determined according to South African laws.
- If any clause in this Agreement is found to be unenforceable, such clause shall be separated from this Agreement, which separation shall not affect the enforceability of the balance of the Agreement.
- For the purpose of service of any legal document or notice in terms of this Agreement, the parties choose the address on the face of this agreement for delivery of services of any legal documents or notices in terms hereof.
- If a party is in breach of this Agreement, the innocent party will have the right to recover all legal costs and disbursements on an attorney-and-client scale.
I. THE RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY
I/We have satisfied myself as to the uses, the durability and the capability of the goods and after reading the sales and promotional material of the Manufacturer, including the specifications of the goods, I am/we are satisfied that the goods will be reasonably suitable for my/our use.
J. THE RIGHT TO BE HEARD AND OBTAIN REDRESS
- In the event of a complaint by me/us, or a dispute arising between us, as to the subject matter of this Agreement, or the interpretation thereof, I/we shall inform you in writing of the exact extent and nature of the complaint or dispute where after we, the parties will attempt to resolve the matter within 7 (seven) business days.
- Notwithstanding the contents of clause J.1 above, either party has the right to approach a competent court for redress.