Terms and Conditions
Acceptance of Terms: These terms and conditions govern all supply of goods and services by Mags Pix Photography, including your use of the website at https://magspixphotography.mypixieset.com/
We reserve the right to change these terms of trade by posting the revised terms and conditions on our website at Mags Pix Photography.
If you are purchasing on behalf of a Company you warrant you have the authorization to agree to these terms and conditions of trade on behalf of the Company you are representing.
Booking Confirmation: A signed “Contract for Wedding Photography Services” and payment of the booking fee (Minimum of 25%) are necessary to confirm the stated wedding services from the Photographer.
Booking Fee/Deposit: In the event of the Clients cancelling the wedding for whatever reason the booking fee/ Deposit is non-refundable. It will be considered as liquidated damages to the Photographers.
The remaining 75% is expected soon after the wedding date. Please note, editing, post production and printing will not comens until the balance of the remaining 75% is received by Mags Pix Photography.
Pre-Wedding Consultation: This normally happens at the time of booking. The Clients will outline broadly what is required and the Photographer will advise on planning, logistics and timings where needed.
Conditions of Service: The Clients agree to provide a meal (with designated seating) for the Photographers. The Photographers are expected to be treated as guests of the wedding and will break for meals at the same time as the guests. Under absolutely no circumstances will the Photographers park their vehicle outside on the street.
Copyright Law: The copyright of photographs remains with the Photographer. The Photographer grants the Clients 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 or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
Model Release: The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
Limit of Liability: in the highly unlikely event that both our 2 Photography Teams become too ill or becomes injured and cannot supply the wedding services specified above the Photographer will try to book a replacement wedding photographer. Under normal circumstances a second photographer from the Photographer is there for the day anyway and this photographer will then shoot the day on his/her own. If both photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payments received.
The Photographers have working methods in place to prevent loss or damage to your images. However, there is the highly unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid (excluding deposit/ booking fee) for the service or part thereof according to the percentage of images supplied.
Cooperation: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer be provided with a helper (usually the best man) who will point out key individuals to be photographed. The Photographer may also require the assistance of the best man in organizing family groups. The Clients also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people.
The Schedule: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Clients, accomplished with good humour and enjoyed by all concerned. Both the Clients and the Photographers therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Clients arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate, however under no circumstances are any of our photographers permitted to stay after 10:00pm. (This is for security reasons)
Paparazzi Wedding Guests: All your guests will have digital cameras and all your guests will want to photograph the Clients. In the spirit of cheerful cooperation the Clients agree to give the Photographers precedence over the guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer’s work.
House Rules: Note the Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example, some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Ownership:Ownership of any goods or content sold to the Customer shall not pass to the Customer, notwithstanding editing and or delivery, until the purchase price and interest has been paid in full.
Liability Limitation:We will always endeavor to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorized by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable Law and Jurisdiction: Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions of Trade are subject to the laws of South Africa. The Courts of South Africa shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organization is based.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website or digital storage facilities security that is beyond our control.
You can request details of your personal information that Mags Pix Photography holds, and ask us to correct it, at any time.
No Variations or Amendments: This agreement constitutes the whole agreement between the Customer and Mags Pix Photography relating to the subject matter hereof and no amendment to, cancellation or variation of this agreement or any waiver or indulgence which would otherwise give rise to estoppel, shall be binding unless recorded in a written document signed by an authorized representative of Mags Pix Photography.
General Conditions: If we fail to enforce any terms or to exercise our rights under these Terms and Conditions of Trade at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address and/or postal address that you have supplied to Mags Pix Photography.