Ts & Cs

These Terms and Conditions (“Rules of Engagement”) govern all services provided by Papercut Steam (“PHOTOGRAPHER/VIDEOGRAPHER”) to the CLIENT. By booking, confirming, or making payment, the CLIENT acknowledges and agrees to these terms.

1. Entire Agreement & Acceptance of Terms

This Agreement contains the entire understanding between the PHOTOGRAPHER/VIDEOGRAPHER and the CLIENT. By booking, confirming, or making payment for any service provided by Papercut Stream, the CLIENT acknowledges having read, understood, and agreed to be bound by these Terms and Conditions (“Rules of Engagement”), whether or not a separate written contract has been signed. These Terms and Conditions form the basis of the service agreement between the CLIENT and the PHOTOGRAPHER/VIDEOGRAPHER and shall prevail over any conflicting terms proposed by the CLIENT, unless expressly agreed in writing.

2. Reservation

A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; and/or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable. The CLIENT shall also be responsible for payment for any of the PHOTOGRAPHER's materials charges incurred up to the time of cancellation.

3. Event Schedule

The client agrees to confirm the schedule one week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT.

4. Safety

The PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the EVENT(S) if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the PHOTOGRAPHER is in question.

5. Shooting Time / Additions

The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT. In the event that the CLIENT arrives 30 minutes late or more, the PHOTOGRAPHER can cancel the session and the initial payment is forfeited. If the event or shoot is longer than 5 hours, the PHOTOGRAPHER and ASSISTANT are entitled to a 30-minute break.

6. Expenses Incurred

When applicable, the CLIENT is responsible for all travel, hired equipment, accommodation, meal and transport costs unless provided by the CLIENT.

7. Travel Expenses

All travel expenses are based on the distance between the EVENT location(s) and the PHOTOGRAPHER’s studio address. For all EVENT(S), the first 100 km roundtrip travel is included. All km in excess of 100 km roundtrip are charged at R4.00 per km.

8. Responsibilities

The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations. The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not held liable for missed coverage of any part of the EVENT(S). The PHOTOGRAPHER will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

9. Venue and Location Limitations

The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; the PHOTOGRAPHER will offer technical recommendations only.

10. Permits

The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the PHOTOGRAPHER will be performing services.

11. Film and Copyrights

The PHOTOGRAPHER retains all copyright and intellectual property rights in and to all photographs, films, video footage, and other creative material captured during the CLIENT’s booking, including but not limited to Raw Files, unedited footage, and edited deliverables.

Upon full payment, the CLIENT is granted a non-exclusive, non-transferable license to use the final edited deliverables(photographs, films, or video projects) for personal or agreed commercial purposes, as outlined in this agreement. This license does not extend to Raw Files or unedited material unless expressly agreed in writing.

Raw Files / Raw Footage

Raw Files (including unedited photographs, video clips, and source project files) remain the sole intellectual property of the PHOTOGRAPHER. These files are not considered part of the deliverables and will not be released to the CLIENT unless a separate Raw File License or Buy-Out Fee is negotiated in writing.

The CLIENT understands that Raw Files are unfinished creative works and not a reflection of the PHOTOGRAPHER’s final artistic standards. Should the CLIENT request Raw Files, the PHOTOGRAPHER reserves the right to charge an additional fee and to determine the permitted usage of such files.

12. Model Release

The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction and to copyright the same without restriction. The CLIENT releases all claims to profits that may arise from the use of images.

13. Limit of Liability

In the unlikely event that the assigned photographer cannot perform to the guidelines of this contract due to an injury, illness, an act of God, an act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER's control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

14. Capture and Delivery

The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.

15. Post-Production and Editing

The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. Post Production and editing take 14 (fourteen) - 25 (twenty-five) working days to complete unless agreed otherwise between the CLIENT and the PHOTOGRAPHER.

16. Payment Schedule

The aforementioned 50% (fifty per cent) non-refundable retainer fee is due at the time of signing of the agreement. The remaining balance is payable in full 48 hours before the EVENT(S) or upon delivery of the final edited photographs (see ATTACHMENT A). In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).

17. Pricing

Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.

18. Fees and Payment

18.1 Fees. The CLIENT will pay Photographer the fees set out herein in this Section 18.1 (“Fees”)

• Total Fee for Services: [xxxx] 
• Additional Hourly Pricing: [xxxx/hour] 
• Retainer due upon signing: [xxxx] 
• Remaining amount due on [xxxx]: [xxxx]

18.2 Retainer. The CLIENT acknowledges and agrees that the retainer amount set out above is due upon the signing of this Agreement and is not refundable, so as to fairly compensate Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by the CLIENT.

18.3 Invoice. The photographer will issue an invoice to the CLIENT upon agreement of the Services. The CLIENT agrees to pay all Fees outstanding on or before the due dates in Section 18.1. The CLIENT acknowledges that the final amount payable may be subject to change depending on the number of actual expenses incurred. The CLIENT confirms and agrees that the final calculations provided in the Invoice, should they be different from the total listed in Section 18.1, will be the final amount payable. 

19. File Storage & Download Policy

Upon completion of the project, Papercut Steam will provide the Client with access to download the final deliverables through a designated link. The Client acknowledges and agrees that all files must be downloaded within [X] days of delivery. If the Client fails to download the files within this period, Papercut Steam reserves the right to charge storage fees for any files remaining on the server.

Storage fees will be assessed at a rate of R100 per week for any files not downloaded within the agreed timeframe. These fees will continue to accrue until the files are downloaded or the storage is no longer needed.