Terms of Agreement
Terms of Use – Charel Schreuder Photography
Effective Date: 11 July 2021
1. Definitions
“We” and/or “Us” means the picture supplier, Charel Schreuder Photography
“You” means the person or entity named as the client.
“Client” means the person or company named on the invoice and/or the request for an image licence.
“Image” means any item that may be offered for reproduction.
You will be deemed to have accepted these terms and conditions unless you notify us to the contrary and return the Images to us within 7 days of receipt.
No variation of these terms or conditions shall be effective unless agreed in writing.
2. Overview -Terms of Agreement
Familiarize Yourself with the Complete Terms of Agreement. These terms govern your use of this website and the services provided by Charel Schreuder (“Cape Town Photographer” aka “Charel Schreuder Photography”). By accessing or booking services, you agree to these terms.
3. Services
Professional photography services are provided by prior agreement and quotation. Services include, but are not limited to, property, event, and travel photography.
4. Supply of Images
Unless we receive notification to the contrary within 48 hours, all images shall be deemed to have been received undamaged and in good condition.
5. License for Use of Images
Reproduction
1) Reproduction rights, unless otherwise agreed, are subject to these conditions and any terms and conditions that may be set out in the licence and/or the delivery note
2) Any reproduction by whatever means, either in whole or in part, of any image(s) supplied by us without our written permission is strictly forbidden. Any reproduction outside the agreed terms or before payment of the invoice constitutes a breach of this Agreement and an infringement of copyright, entitling us to claim damages. In such a case, you must indemnify us in respect of any claims, damages, costs, or expenses we incur.
3) Unless expressly indicated, no reproduction rights are granted by the delivery of image(s). Reproduction rights will only be granted, and the client’s right to reproduction only arises if a) the licence terms are agreed and b) our invoice relating to the licence of such right is fully paid.
Responsability
It is the client’s responsibility to ensure that all required rights and consents have been obtained for image reproduction usage. It is the client’s responsibility to ensure that the use of any image is not indecent, libelous, obscene, or unlawful.
Warranty
We make no claim or warranty concerning your use of text, names, content, people, trademarks, or copyright material depicted in any image. You will indemnify us in respect of any claims, damages, costs, or expenses arising from the use of any image supplied to you.
License
1) A licence is for single use only. A single use means a reproduction in a) one size for one edition only of a single publication published in one language only, b) strictly limited to the period and use as stated in the licence, c) not assignable by you to any third party.
2) You will not store, create, or transmit images supplied by us without our permission, except so far as is wholly or incidentally necessary to the process of producing items licensed by us.
3) Images cannot be manipulated, altered, or added without written permission from us.
4) You may not create, store, or transmit Digital Images without our permission, except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted, the following conditions apply: Each Digital Image created by you shall be recorded and labelled with the Image reference name or number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
6. Payment & Booking
Payment terms are as outlined in your quote or invoice. Bookings may require a deposit. Full payment is due on delivery unless otherwise agreed.
7. Cancellations
Cancellations within 48 hours of a scheduled shoot may be subject to a cancellation fee. This covers loss of time and potential travel costs.
8. Intellectual Property
All images remain the copyright of Charel Schreuder unless transferred in writing. Clients receive usage rights for agreed purposes (e.g., marketing, editorial).
9. Limitation of Liability
We take care to deliver professional-quality work, but we cannot be held liable for delays caused by weather, technical issues, or acts beyond our control.
10. Data Protection
Please refer to our Privacy Policy to understand how we handle your data.
11. Governing Law
These terms are governed by South African law.