We will always do our best to fulfil and, hopefully, even exceed your photography needs. But it is often best for everyone to have a few things written down so that we both know what is what, who does what and when, and what happens if something goes wrong.

As is the industry standard, all our photography is conditioned upon our business’s Terms and Conditions. These terms may vary with each photo assignment. Here is a look at our general Terms and Conditions. Remember that these may not all apply in every situation and are subject to change, depending on the job at hand.

Please see below for full terms and conditions relating to Zuko Motloung Productions services.

In the following terms and conditions “the Photographer” shall mean Zuko trading as ‘Zuko Motloung Productions’. “The Client” shall be those persons responsible for booking the photography services. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of these terms shall be effective unless agreed by both parties in writing. 

Booking & Cancellation

A booking made via WhatsApp or any forms of communication with the Photographer is deemed as sufficient. Full payment is required on the day of the shoot before the photographer departs from the location.

Copyright

The copyright of photographs remains with the Photographer. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication, Entry to awards or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. The Client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc unless stated otherwise.

Images

The Photographer will be responsible for creative choices in terms of the images captured during the shoot, but will take into account the Client’s reasonable instructions in respect of the shoot brief. Following completion of the shoot the Photographer will deliver images sized for social media to the Client via a secure online services as soon as reasonably practical, but cannot guarantee urgent turnaround sometimes. Unless expressly agreed in writing the Client shall not be entitled to reject images on the basis of style or composition.

Additional Expenses

No travel expenses are charged for shoots up to a 40 kms round trip from the Photographer’s location at Vereeniging, Sonlandpark. If the session is taking place on location, no fees are required. 

Portrait sessions include digital delivery of the best images from the shoot at a size appropriate for sharing on social media. Following the shoot, if the Client wishes to print full resolution digital files, prints or wall art these can be arranged at additional cost with a 3rd party. Additional products will be arranged on receipt of full payment and delivered directly to the Client.

Please note that there will be a charge for delivery of any physical products, including those redeemed as part of a gift voucher package.

Payment

Zuko Motloung Productions sessions, and packages are payable at the end of the session on the date booked. Should the Client later order any additional printed products or digital files these will be payable at the time of order.

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct. Digital manipulation (Photoshoping) etc is available to the Client as an option at extra cost.

Confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography except where reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.

Liability

The Photographer will take all reasonable steps to ensure equipment is in good working order, backup equipment is available where appropriate and that images are backed up in a responsible manner. 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.

Website

The content and images used on this website are the property of and copyright by Zuko Motloung, trading as Zuko Motloung Productions. Certain images may be utilised on other websites under the control of the Photographer and/or Brandon Barnard Photography. No images or content may be copied, duplicated or otherwise taken from the website without express written permission from Zuko Motloung Productions and/or the work creator.

Overruns

The Photographer may make additional charges, should an 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, Zuko Motloung and the Client agree to amend the contract either verbally or in writing, to provide for additional time as required to complete the work.

Completion of Work

Work is complete when the Photographer provides the Client with the agreed material purchased. This includes a TransferXL.com link, and/or prints (as per each contract’s specifications) containing all of the RAW or JPEG images photographed on behalf of the Client.

Copyright Law

In accordance with South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Zuko Motloung retains all copyright benefit for all images created by himself 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.