MV Photography/Design Wedding Photography Terms and Conditions 2025 (Revised)
Company details: (Co-owner) Michelle Lee-Anne De Villiers trading as MV Photography/Design Address: 171 Lakeview Drive, Muldersdrift 1747, Krugersdorp, Gauteng – South Africa Contact number: 062 866 0629 Email address: info@mvphotography.co.za or info@mvsite.co.za Website: www.mvphotography.co.za
1. Agreement and Jurisdiction
The clients agree that MV Photography/Design, known as “Photographer”, shall provide services to photograph their wedding and related events to the best of their abilities, in the manner described in this document. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, and physically attached to the original agreement. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, specifically the Province of Gauteng.
2. Style and Editing
The client acknowledges that the photographer takes a classy, natural and bright approach to wedding photography. No shots through the day are guaranteed (such as but not limited to, formals, first kiss, bouquet toss, etc.). The client acknowledges that the Photographer(s) is using their artistic discretion to create photographs as the photographer sees fit. Photographer retains the right to refuse to take images contrary to their photographic style and inappropriate images including but not limited to undergarments and sexually suggestive poses (joking or not). Every effort will be made to assure satisfaction according to the Photographers’ professional standards. However, the Photographer is not responsible for subjective interpretations of photography.
2.1 Editing: Natural colour correction, colour enhancement, red-eye removal, cropping, soft skin and contrast are included at Photographer’s discretion and based on our bright and natural style (as seen on our images on Facebook/website/Instagram). Additional fees for advanced editing, retouching or a different style apply at R75 per photo.
3. Retainer and Payment
The clients shall reserve the time and date of services by signing and returning this contract along with a reservation retainer equal to 50% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full no less than 30 days prior to the wedding. The photographer is not responsible for reminding the clients of due payments. The Photographer reserves the right to charge interest on all overdue accounts at a rate of 2% per month (24% per annum), in line with the Prescribed Rate of Interest Act and where applicable, not exceeding rates permitted by the National Credit Act (NCA) for incidental credit agreements.
4. Pricing
Services or merchandise not included in this initial contract will be sold at the current price when an order is placed. All prices are subject to change at any time without notice, however, once a contract is signed and a retainer paid, the price for the services specified in that contract is fixed, in accordance with the Consumer Protection Act (CPA) regarding pre-booked services.
5. Destination Weddings and Travel Expenses
Travel expenses will be incurred for any event. The client agrees to pay the travel fee agreed upon in this contract. Travel fees may include but are not limited to fuel, airline tickets, hotel, rental car, toll gates/e-toll and miscellaneous expenses and are subject to change due to increases in fuel prices. In case of a fuel price increase from the time booked to the wedding day, the client will be held liable to pay the additional fees no later than 1 day before the wedding/event.
6. Cancellation
In line with the Consumer Protection Act (CPA) regarding the cancellation of advance bookings, the following cancellation policy applies, subject to a reasonable cancellation fee for services already rendered and unavoidable costs incurred by the Photographer:
- If for any reason (including Covid-19-related issues) the client cancels this contract 6 months before the wedding/event date, Photographer will keep the 25% retainer and any other fees for services already rendered such as (but not limited to) the couple shoot, admin fee, meetings/consultations, venue viewings and travelling fees. Cancellation must be made in writing, signed by the contracted party, and sent via email to info@mvphotography.co.za.
- If for any reason (including Covid-19-related issues) the client cancels this contract less than 6 months before the wedding/event date, Photographer will keep the 50% retainer and any other fees for services already rendered such as (but not limited to) the couple shoot, admin fee, meetings/consultations, venue viewings and travelling fees. Cancellation must be made in writing, signed by the contracted party, and sent via email to info@mvphotography.co.za.
- If for any reason (including Covid-19 related issues) the client cancels this contract 3 months before the wedding/event date, Photographer will keep the 100% retainer and any other fees for services already rendered such (but not limited to) as the couple shoot, admin fee, meetings/consultations, venue viewings and travelling fees. Cancellation must be made in writing, signed by the contracted party, and sent via email to info@mvphotography.co.za.
- If for any reason (including Covid-19-related issues) the client cancels this contract less than 2 months before the wedding/event date, Photographer will keep all the monies paid. Cancellation must be made in writing, signed by the contracted party, and sent via email to info@mvphotography.co.za.
6.1 Refunds: Dependent on cancellation date and amount: Monthly refunds/instalments will start once your date has been booked by another client. In the event that your date has not been booked again, monthly refunds/instalments will start 1 month prior to your wedding date. Any refunds due will be processed within 15 business days of the final determination of the refund amount, as per the Electronic Communications and Transactions Act (ECTA) principles for electronic transactions.
7. Reschedule
In the event that the client reschedules the wedding date, if the Photographer has the date available, an R500 rescheduling fee will be applicable. It’s the client’s liability to choose a new available date. The vendors/suppliers may work together to find a suitable date for all, communicated and arranged through the client. In the event that no suitable dates are available for the Photographer, the cancellation policy in section 6 will apply.
8. Emergencies
When a cancellation occurs within six months of the wedding due to an emergency such as serious injuries, serious illness or death to the signing parties to this agreement or their immediate families, the Photographer retains the 25% deposit and any fees for services rendered but will return any of the remaining balance that has been paid. The Photographer or client must produce documentation in writing showing cause stating the reason, the relationship and have an excuse signed by an attending physician, charge nurse, or funeral director along with their contact information. For the purpose of this agreement, immediate family will consist of parents, stepparents, brothers, sisters, spouse, and children as well as myself and the bride or groom. Either party (Client or Photographer) may invoke this clause up to the wedding day.
9. Photographer Substitution
The photographer may substitute another photographer in the event of a Photographer’s illness or emergency. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional, ensuring the service quality is maintained in line with the client’s reasonable expectations under the CPA. In the event that one Photographer of the team becomes ill during a session, it is understood that the other Photographer is highly capable and will complete the session without a second Photographer.
10. Liability
If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God (Force Majeure events), Covid-19, accident, illness, theft, or technical problems, and if he/she cannot provide another competent professional, all money received by Photographer, minus expenses of work already completed, will be returned to the client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of the total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by the client under this Agreement during the time preceding the date on which such liability arises.
11. Responsibilities
It is understood that MV Photography/Design shall be the exclusive photographer(s) retained for the event. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions, including but not limited to Family, Wedding parties, and Couple Formals. Wedding guests may take photos, but it is the responsibility of the client to prevent family and friends from interfering with Photographer’s duties. The Client agrees that the Photographer shall be given precedence in taking photographs over guests with cell phone cameras and other devices. The Photographer cannot be held responsible for the lack of photographs or poor quality of photographs if guests are interfering with the Photographer’s work. The photographer is not responsible for compromised coverage due to causes beyond their control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiates. The photographer is not responsible for wardrobe malfunctions or physical appearance. Photographer reserves the right to refuse to take equipment out in the rain/snow and in or near water. The photographer is not responsible for any damage or injuries that may be sustained due to but is not limited to photos taken in or near water. The photographer is not responsible for existing backgrounds or poor lighting conditions (which may negatively impact or restrict the photography coverage). Maximum light is suggested for best results indoors for ceremonies, formals, and receptions. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by email for documentation. If email is sent, confirmation of receipt must be obtained. The client agrees to confirm the schedule one week prior to the event.
11.1 Client Cooperation: The Client agrees to cooperate fully with the Photographer and provide all necessary information, including but not limited to accurate timelines, contact details, venue restrictions, and any specific requirements or sensitive family situations that may impact the photography services, in a timely manner. The Photographer is not responsible for any issues arising from the client’s failure to provide accurate or timely information.
12. Harassment
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by the Photographer shall be the responsibility of the client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, harassment from intoxicated persons, badgering, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to the guest; second offence: the offending person will be required to leave the wedding or event; third offence: Photographer will end wedding coverage immediately and leave the event. Photographer shall be entitled to retain all monies paid hereunder and agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage. It is understood that Photographer will not negotiate any services with anyone not stated in this contract. Photographer retains the right to refuse communication if intoxicated.
13. Coverage
Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Coverage begins as soon as Photographer arrives at the photography location. If one Photographer begins before the other, photography coverage commences when the first photographer arrives. Additional travel or coverage hours may be added by agreement, no later than 30 days prior to the wedding and must be paid in full with the remaining balance. Photographer reserves the right to take on other commissions outside of the times specified in this contract. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied or requested photos will be used for organizational purposes only. While the Photographer will make every reasonable effort to take photos specifically requested by the client, it is understood that this is an uncontrolled event and that due to the vagaries of the weather, available light, time restrictions, willingness of the subject, etc., Photographer cannot possibly guarantee that all requested photos will be taken. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use their professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to the client.
14. Copyright
All photographs taken by MV Photography/Design are Photographer’s property, will remain their property and are protected by South Africa’s Copyright Act 98 of 1978 (as amended). The client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this law will be subject to its civil and criminal penalties.
15. Model Release and POPIA Compliance
This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of MV Photography/Design. The client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the client, their legal representatives, heirs, and assigns.
By signing this agreement, the client provides voluntary, specific, and informed consent for the processing of their personal information (including photographic images, which are considered personal information) in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA), for the purposes stated in this clause (e.g., advertising, promotion). MV Photography/Design commits to processing personal information lawfully, only for the purposes for which it was collected, and in a secure manner.
16. Photo Upload and Data Retention
Images are uploaded in large JPEG format on Google Drive and a link shared with the client either via WhatsApp or email. It is understood that the photographer will not distribute raw files or unedited images. Upon receipt of a photo link, the client accepts all responsibility for the immediate downloading, archiving, and protecting of the photographs. The Photographer strongly recommends creating multiple backup copies on different media and in different locations (e.g., external hard drive, cloud storage). Photographer does not permanently archive image files and will retain delivered image files for a period of 60 days after the delivery date, after which they may be permanently deleted without further notice. The photographer is not responsible for the lifespan of any digital media provided, or for any future changes in digital technology; it is the client’s responsibility to make sure that digital files are copied and downloaded to new media as required.
17. Photography Locations
The client is responsible to schedule, receive permission, and provide required payments and gratuities in order to use various locations for photography. The client is responsible to arrange for backup photography locations in case of poor weather conditions including rain, wind, snow, etc.
18. Event Food Service
It is the client’s option to provide the Photographers a meal with assigned seating for events of five hours or longer. If no meal is provided, it is understood the Photographers will leave the event for 1 hour to purchase a meal. Meal breaks do not pause the consecutive wedding photography coverage. The Photographer is not responsible for any photos that may be missed while obtaining a meal. The Client must inform the Photographer which option would be suitable for the client.
19. Timeline and Packages
The following are approximate dates and may be subject to change due to high volume weekends, load-shedding and any unforeseen delays.
- BOOKING – Deposit and Photography Agreement received by the Photographer and date/times are reserved.
- BEFORE THE WEDDING – Couple shoot/Pre-wedding shoot/Engagement shoot date to be arranged and scheduled if package selection includes or item was added to the package. The majority of Couple shoots take place at Hakunamatata Lodge & Health Spa in Muldersdrift 1747 – Krugersdorp – Gauteng on Sundays or during the week. Times depend on weather and seasons. Should the client wish to photograph at a different venue or location, the client will be held responsible for additional costs such as travelling, entrance fees, and venue hire fees as well as obtaining permission to photograph at the chosen venue. The costs will be added to your invoice and due 1 day before the couple photoshoot.
- A first meeting will also take place on the same day. The second meeting can be scheduled 2 to 3 weeks before the wedding or once all details are finalized.
- 1 – 2 weeks after the couple shoot – 60 edited images will be uploaded on Google Drive and link shared with the client.
- 1 WEEK BEFORE THE WEDDING – The client must contact the Photographer by phone to go over final photography details including getting ready addresses, photography locations, the timeline for the wedding day, etc. A questionnaire will be sent, it is the client’s responsibility to supply correct and accurate times and information.
- 1-2 weeks after the wedding – 10-20 Preview photos will be sent via WhatsApp.
- 3-4 Months after the wedding – Photographer will email or WhatsApp photos link to the client.
20. Printed Goods (T-shirts, Caps, Mugs)
Any printed goods, such as T-shirts, caps, or mugs, ordered by the client are separate from the core photography services.
- Order Placement & Payment: Orders for printed goods must be placed and paid for in full prior to production.
- Design Approval: For custom-designed items, the client will be provided with a digital proof for approval. Production will only commence after written approval from the client (constituting electronic consent as per ECTA principles). Any changes requested after final approval may incur additional costs and production delays.
- Quality & Expectations: While MV Photography/Design strives for high-quality printed goods, minor variations in colour, size, or appearance may occur due to manufacturing processes. The client acknowledges that colours viewed on screen (e.g., on a computer monitor or phone) may differ slightly from the final printed product. MV Photography/Design is not responsible for slight variations that are considered within acceptable industry standards.
- Refunds & Returns: Due to the custom nature of these products, refunds or returns are generally not offered unless the product is defective or there is a significant error attributable to MV Photography/Design. Any claims for defects or errors must be made within 7 days of receipt of the goods.
- Delivery & Collection: Delivery costs for printed goods are separate and will be quoted and charged in addition to the product price. Alternatively, collection can be arranged at a pre-agreed location. MV Photography/Design is not responsible for delays caused by third-party delivery services.
21. General Provisions
Standard Terms and Conditions Apply in accordance with the Consumer Protection Act 68 of 2008 (CPA) and other applicable South African legislation, including the Electronic Communications and Transactions Act 25 of 2002 (ECTA) for electronic communications and the Protection of Personal Information Act 4 of 2013 (POPIA).
E&OE (Errors and Omissions Excepted) Subject to change without prior notice.
Client Acknowledgment: By signing this Agreement or by making any deposit or payment towards services rendered, the Client acknowledges that they have read, understood, and agree to all the terms and conditions contained herein, and confirm their consent for the processing of their personal information as outlined in Section 15.
