An agreement​​​ between Van Luke (Pty) Ltd and the client with regards to acceptable practice during the completion of the brief. Please note, by making a payment to Van Luke (Pty) Ltd the client is agreeing to the terms and conditions of this document.

Van Luke (Pty) Ltd Standard Wedding Contract

  1.  a. Photographer’s Responsibilities. Van Luke (Pty) Ltd hereby agrees to perform photographic services for Client at the Event described above in a professional, workman-like manner according to the prevailing standards in the industry (“Services”).  Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product, or any interference caused by guests or other third parties at the Event.  Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by Client as the Photographer has no control over the Event, any third parties, weather, and any rules or restrictions of the venue or official conducting the Event. b. If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, the Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees (including retainer) paid by Client because of such action.

  2. Retainer/Payment. A non-refundable retainer of 30% of the total package amount (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due and payable by the Client on date of signature of this agreement. Upon the date of signature and receipt of payment of the retainer ("Execution Date"), the Photographer commits to being available to Client on the Event date (subject force majeure events, see Section 13). Remaining payments of the balance due for the Services shall be made by the Client as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the retainer), to attend the Event or to supply images. All monies paid shall be forfeited upon breach by the Client of this Agreement.

  3. Copyright. All photographs taken by Photographer at the Event, in whatever form, are copyright protected.  Photographer will allow reproduction and publishing for personal use (eg. wall hangings at home, facebook, blogs), but any sale or publication for profit  without Photographer’s express written permission is a violation of copyright law. Photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.

  4. Term. The term of this Agreement shall commence upon Execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.

  5. Event Changes. Photographer must be notified immediately of any changes in schedule or location, at least 7 calendar days in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given within the 7-day period specified above, then Photographer shall be entitled to the retainer amount as liquidated damages. In such situation, the Client shall be obliged to pay a second retainer amount upon booking the new date, which date shall be subject to Photographer's availability.

  6. Duration of photography. The Photographer will be present at the Event for the amount of hours specified in it's price list. This amount of hours will include time taken by The Photographer to eat, have refreshments and make use of sanitation areas. The Client agrees to set aside a minimum of one full hour of photography for the couple's session, excluding family or other group shots. The couple's session will take place during the hour preceding sunset when light is most favourable. If the wedding event is running later than the pre-arranged timeline, due to any reason beyond the control of The Photographer, the Client shall be obliged to pay overtime charges of R1250 an hour or part thereof. In the event of an unlimited hour package, a maximum of 11 hours will be applicable.

  7. Cancellation. Upon Execution, the Photographer shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If Client cancels the Event entirely within 120 days before the Event date, Photographer shall not be required to repay any of the payments made by the Client. Should there be a notice prior to the period of 120 days before the Event date, Photographer shall re-pay 50% of Retainer to the Client. 

  8. Delivery Date. Final images shall be delivered to the Client no later than 8 weeks after the Event. The Album shall be delivered no later than 90 calendar days from the date of final Client approval. All video work done shall be delivered no later than 90 calendar days from date of the Event. Delivery of images shall be on an online gallery format and shall be of a high resolution nature (3000 pixels long edge at 300 dpi). The Client also acknowledges that the Photographer shoots in JPEG format only, and thus no RAW files could be made available.

  9. Album Proofing. Album layout design shall be done based upon two design options; 'Art Styled' and 'Classic'.  The Photographer reserves the right to apply costs relating to design time if deemed necessary for any of these options. The Client shall be afforded one layout proof and one final album proof, any changes thereafter shall be done at the relevant design and admin hourly cost. Under no circumstance will any photograph other than that of the Photographer's be allowed in the album during the design and printing process, for these requirements The Photographer will make available a design option on a second wedding album. The design process, along with any large album design files, shall be the sole property and responsibility of the Photographer. The Photographer commits to sending (via email) one album proof, one album proof reminder, and one final album proof reminder. Failure to receive feedback from Client regarding the album proof (regardless of which stage the album proof is in) within a period of 4 (four) calendar months from Event date the Client will be responsible for annual printing cost increases applicable at the time.

  10. Satisfaction and Accuracy. The Client agrees that the work delivered will be of a similar style and caliber to those photographs on our website and other marketing platforms, and that the Photographer will have complete creative control during the photographs and in post-processing. The images will be delivered in a mix of color and black and white images, and deemed appropriate by the  Photographer. The Client also notes and accepts that the majority of black and white images are done so in-camera to reserve a film-like quality to these images, and that these images cannot be requested in colour. No re-editing will be done after the final edited copies are presented to the client. Should the Client request any additional post-processing it shall be done at the applicable hourly rate. The Client agrees that the Photographer can only capture the wedding that happens: weather, location, schedule complications, time restraints and subjects ability to cooperate, are all factors in the quality of the photographs. The Photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes.

  11. Inherent Qualities. Clients are aware that colour dyes in photography may not be colour-fast, fade or discolour over time due to the inherent qualities of dyes as well as DVD or CD media and USB devices which may deteriorate due to delamination and oxidation, the Client hereby releases the Photographer from any liability for any claims of whatsoever nature and arising in any manner whatsoever, in relation to colour or the Album or other products given by the Photographer to the Client.

  12. Social Media. The Photographer has the sole and absolute discretion to publish (or not to publish) the Event as he deems necessary on any social media platforms. 

  13. Price Protection. Photographer warrants all prices quoted for Event are fixed for a period of 6 months following the Event.  Orders placed after such period shall be subject to Photographer’s published pricing at the time of the orders’ placement.

  14. Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without compensation.

  15. Force Majeure. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or any acts of God, or any circumstances beyond the parties’ control, then Photographer shall do everything in his/its power to find a replacement photographer, failing which Photographer will return all money paid by Client (excluding the retainer), and this Agreement shall immediately terminate, and neither party shall have any claim against the other arising such termination.

  16. Jurisdiction. The Magistrates' courts serving South Africa shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.

  17. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.

  18. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS AGREEMENT, THE PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL THE PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF WHATSOEVER NATURE.

  19. Event Meals. Client shall arrange with the caterer for meals to be provided to Photographer and one assistant (if applicable).

  20. Choice of Law. This Agreement shall be governed by the laws of South Africa.

  21. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after Execution. Any amendments to this Agreement shall only be effective if made in writing and signed by both parties hereto.

  22. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.