Terms of service.
REFINED PHOTOGRAPHY
TERMS & CONDITIONS OF SERVICE
Effective Date: 2026
These Terms & Conditions (“Terms”) apply to all photography, videography and related creative services provided by Refined Photography (“RFND”, “Refined Photography”, “we”, “us” or “our”).
By making a booking, paying a booking fee or deposit, approving a quotation, accepting an invoice, signing an agreement, or otherwise instructing RFND to provide services, the client (“Client”, “you” or “your”) confirms that they have had an opportunity to read, understand and accept these Terms.
These Terms, together with the applicable quotation, invoice, booking confirmation and any specific written arrangements agreed between RFND and the Client, form the agreement between the parties.
1. GENERAL TERMS
1.1 RFND provides professional photography, videography and related creative services.
1.2 The exact services included in a booking are determined by the applicable quotation, invoice, package or written agreement.
1.3 RFND reserves the professional and creative discretion to determine the appropriate photographic and videographic techniques, equipment, workflow, shooting methods, editing methods and creative approach required to provide the agreed services.
1.4 RFND will make reasonable professional efforts to perform the services described in the applicable booking.
1.5 The Client acknowledges that photography and videography are creative services and that the final result may be influenced by lighting, weather, location conditions, available space, subject cooperation, venue restrictions, third-party interference and other circumstances outside RFND's reasonable control.
1.6 Nothing in these Terms excludes or limits any right, remedy or protection that cannot lawfully be excluded or limited under applicable law.
2. BOOKING CONFIRMATION AND PAYMENT
2.1 A booking is confirmed only once RFND has received the required booking fee or deposit and RFND has confirmed the booking.
2.2 For weddings, events and full-day photography packages, a 50% booking deposit is required to secure the date unless otherwise agreed in writing.
2.3 Where a different deposit or payment structure is specified in the quotation or invoice, that arrangement will apply.
2.4 The booking deposit secures RFND's availability for the agreed date and time and compensates RFND for reserving that period and potentially declining other work.
2.5 The remaining balance is payable in full before the final photographs, videos or other final deliverables are released, unless otherwise agreed in writing.
2.6 Payments made to RFND are non-refundable, except where a refund is required by applicable law or expressly agreed in writing by RFND.
2.7 Where a Client cancels an advance booking, RFND may retain the booking deposit and/or charge a reasonable cancellation charge to the extent permitted by applicable law.
2.8 Any cancellation charge will be determined having regard to the circumstances, including the nature of the booking, the amount of notice provided, RFND's reasonable opportunity to replace the booking and the general practice of the relevant industry.
2.9 Nothing in this section is intended to exclude or limit any statutory cancellation or refund right available to the Client.
3. IMAGE SELECTION AND DELIVERY
3.1 Unless a specific number of final images is expressly stated in the applicable quotation or package, RFND does not guarantee a particular number of final photographs.
3.2 RFND will use its professional judgement to select the strongest and most suitable photographs captured during the assignment.
3.3 RFND may exclude technically defective, duplicated, substantially similar, accidental, test, misfired, blinking, poorly composed or otherwise unsuitable photographs from the final selection.
3.4 The Client acknowledges that not every photograph captured during an assignment will necessarily be delivered.
3.5 RFND retains creative discretion over the final selection of photographs and video footage.
3.6 All photographs selected for delivery will be professionally edited using appropriate professional software and delivered in the format agreed with the Client.
3.7 Unless expressly agreed otherwise in writing, the Client will receive the final selected and edited photographs and/or videos only.
3.8 RAW, unedited, unprocessed, rejected, unselected, test, working or source files will not be supplied to the Client.
3.9 RFND is not required to provide rejected or unselected images even where the Client requests additional photographs after delivery.
3.10 RFND generally delivers final material electronically using an appropriate online delivery method.
3.11 Requests for delivery by physical media, including USB drives or other storage devices, may be accommodated by prior arrangement and may incur an additional charge.
4. EDITING AND CREATIVE STYLE
4.1 Editing and post-production form part of RFND's professional creative service.
4.2 RFND retains creative control over colour grading, exposure, contrast, cropping, retouching, image selection and other post-production decisions unless a specific requirement has been agreed in writing before the assignment.
4.3 Minor reasonable editing requests may be considered at RFND's discretion.
4.4 Extensive retouching, object removal, image manipulation, compositing, restoration or other work outside the agreed scope may incur additional charges.
4.5 RFND is not obligated to reproduce the editing style of another photographer, image, advertisement, film or other reference material unless expressly agreed beforehand.
4.6 The Client acknowledges that subjective differences in artistic preference do not automatically constitute a failure to provide the contracted service.
5. WEEKEND AND PUBLIC-HOLIDAY BOOKINGS
5.1 A R1,000 weekend/public-holiday surcharge applies to bookings scheduled on Saturdays, Sundays or South African public holidays unless otherwise agreed in writing.
5.2 The surcharge applies in addition to the agreed photography or videography fee.
6. TRAVEL
6.1 Unless otherwise stated in the applicable quotation, the standard included travel allowance for general RFND photography and videography bookings is 15 km from the agreed RFND base location.
6.2 Travel outside the included radius may incur an additional travel charge.
6.3 Additional travel may be calculated at R6 per kilometre and/or R400 per hour for travel time, depending on the circumstances and the quotation.
6.4 Where a booking requires substantial travel, accommodation, tolls, flights, special transport or other travel-related expenses, RFND may provide a separate quotation for those costs.
6.5 Bookings outside the Western Cape or outside South Africa require prior arrangements and may be subject to additional travel, accommodation and logistical costs.
6.6 Travel charges agreed in a quotation or invoice form part of the Client's total booking cost.
7. CLIENT COOPERATION AND ACCESS
7.1 The Client is responsible for ensuring that RFND has reasonable and timely access to the agreed location, property, venue, people and areas required to perform the services.
7.2 The Client must disclose relevant access restrictions, security requirements, permits, venue rules and other conditions that may affect the assignment.
7.3 RFND is not responsible for photographs or footage that cannot be captured because access was unavailable, restricted, delayed, denied or otherwise prevented.
7.4 The Client is responsible for ensuring that required individuals cooperate with the photographic or videographic process.
7.5 RFND is not responsible for missed photographs or footage resulting from a Client, guest, supplier, venue employee, contractor or other person failing to cooperate, arriving late, leaving early, refusing to participate or otherwise interfering with the assignment.
8. LATE ARRIVALS AND NO-SHOWS
8.1 The Client is responsible for arriving at the agreed location at the agreed time or ensuring that the location is accessible at the agreed time.
8.2 Client delays do not automatically extend the booked shooting period.
8.3 Where the Client or required subject is late, RFND may make reasonable efforts to accommodate the delay where possible, but the original booking period remains applicable.
8.4 If the Client fails to attend or provide access to the location without adequate notice, RFND may treat the booking as a no-show.
8.5 No-show bookings are non-refundable, subject to any rights that cannot legally be excluded.
8.6 If RFND agrees to reschedule a no-show booking, a R550 rescheduling fee may apply, together with applicable travel and additional costs.
9. CANCELLATION AND POSTPONEMENT
9.1 Once a booking has been confirmed, RFND reserves the agreed date and time specifically for the Client.
9.2 Payments made toward a booking are non-refundable, subject to any statutory rights or other legal requirements applicable to the particular booking.
9.3 A Client cancellation does not automatically entitle the Client to a refund.
9.4 Where a Client requests a postponement, RFND may, at its discretion and subject to availability, transfer the booking to another mutually agreed date.
9.5 A postponement is not guaranteed and is subject to RFND's availability.
9.6 Any additional costs resulting from a postponement, including venue fees, accommodation, travel expenses, supplier charges or other third-party costs, may remain payable by the Client.
9.7 Repeated postponements may be treated as a cancellation and may require a new booking and/or additional payment.
9.8 Where applicable law provides the Client with a cancellation, refund or other statutory remedy, that law will apply.
10. RFND CANCELLATION OR INABILITY TO PERFORM
10.1 RFND will make reasonable efforts to fulfil every confirmed booking.
10.2 If RFND is unable to perform the booking due to illness, injury, emergency, equipment failure, force majeure or another circumstance beyond RFND's reasonable control, RFND will notify the Client as soon as reasonably practicable.
10.3 Where reasonably possible, RFND may offer a suitable replacement photographer or videographer of an appropriate professional standard.
10.4 The Client may decline a replacement where the replacement would be materially different from the agreed service.
10.5 If RFND cannot provide the agreed service and no reasonable alternative arrangement can be made, RFND will provide any refund required by applicable law.
10.6 Where a refund is due, RFND will generally process the refund within 14–30 business days, subject to banking and payment-processing times.
11. WEATHER AND ENVIRONMENTAL CONDITIONS
11.1 Outdoor photography, videography and other location-dependent services may be affected by weather and environmental conditions.
11.2 Where weather makes the assignment unsafe or materially impractical, RFND may recommend postponement.
11.3 Where both parties agree that postponement is appropriate, RFND will make reasonable efforts to arrange an alternative date subject to availability.
11.4 No additional RFND postponement fee will ordinarily apply where postponement is genuinely required due to weather.
11.5 Third-party costs, venue costs, accommodation, travel expenses or other charges resulting from weather-related postponements may remain payable by the Client.
12. TECHNICAL FAILURE, DATA LOSS AND RESHOOTS
12.1 RFND takes reasonable professional precautions to protect photographic and videographic material.
12.2 In the unlikely event that final deliverables are rendered unusable due to a technical failure attributable to RFND, including camera malfunction or certain data-loss events, RFND will make reasonable efforts to recover the material or, where practically possible, provide a reshoot.
12.3 Where a reshoot is reasonably possible, RFND will arrange the reshoot without an additional photography fee.
12.4 A reshoot may not be possible where the original circumstances cannot be recreated, including weddings, once-off events, performances, time-sensitive events or circumstances involving unavailable subjects or locations.
12.5 Where a reshoot is impossible, RFND's liability will be limited as set out in the Limitation of Liability section, to the extent permitted by law.
12.6 RFND may maintain appropriate insurance for equipment and operational risks, but insurance does not guarantee recovery of every file or recreation of every assignment.
13. COPYRIGHT AND INTELLECTUAL PROPERTY
13.1 The Client and RFND expressly agree that, notwithstanding any default rule that may otherwise apply to commissioned works under South African copyright law, copyright in photographs, videos and other original creative works created by RFND under the booking shall remain vested in RFND, unless a written copyright-transfer agreement is separately entered into.
13.2 Payment for photography or videography services does not, by itself, transfer copyright ownership to the Client.
13.3 The Client receives the usage rights expressly granted under these Terms and the applicable quotation or invoice.
13.4 RAW files, source files, project files and working files remain the property and intellectual property of RFND and are not included in the Client's usage licence.
13.5 Where a Client requires a copyright transfer, exclusive licence, confidentiality arrangement or exclusive commercial usage, this must be agreed in writing before the assignment and may attract an additional fee.
13.6 Nothing in this section prevents the Client from exercising any usage rights expressly granted under these Terms.
14. CLIENT USAGE RIGHTS
14.1 Unless otherwise stated in writing, the Client receives a non-exclusive, non-transferable licence to use the delivered photographs and videos for the purpose for which they were commissioned.
14.2 Personal-use clients may print, display and share delivered photographs for their personal purposes.
14.3 Commercial clients may use delivered material for their own legitimate business, marketing and promotional purposes where such use forms part of the agreed service.
14.4 The Client may not sell, sublicense, redistribute, resell or commercially licence RFND's work to another party without RFND's prior written permission unless such rights have specifically been granted.
14.5 The Client may not represent RFND's photographs or videos as having been created by the Client or another photographer or videographer.
14.6 The Client may not remove copyright notices, watermarks or credits supplied by RFND where such removal is not reasonably necessary for the permitted use.
14.7 Third-party publication, advertising or commercial licensing outside the agreed purpose may require prior written permission.
15. ALTERATION OF DELIVERED MATERIAL
15.1 The Client may crop, resize, compress or reformat delivered material where reasonably necessary for ordinary printing, websites, social-media platforms or advertising platforms.
15.2 The Client may not materially alter, manipulate, recolour, distort, retouch or otherwise modify RFND's photographs or videos in a manner that materially misrepresents RFND's work without prior written permission.
15.3 The Client may not use RFND's photographs or videos as source material for artificial-intelligence image generation, synthetic media or generative manipulation that materially changes the subject or representation without RFND's prior written permission.
15.4 Nothing in this section prevents ordinary platform compression, cropping or formatting that does not materially alter the work.
16. PORTFOLIO AND PROMOTIONAL USE
16.1 Subject to applicable privacy law and any specific written agreement with the Client, RFND may use completed work created during an assignment for:
RFND's portfolio;
RFND's website;
social-media platforms;
advertising;
promotional material;
exhibitions;
competitions;
awards and submissions; and
other legitimate promotional activities relating to RFND's business.
16.2 RFND will not knowingly use images for unlawful, defamatory, misleading or exploitative purposes.
16.3 Where the Client requires confidentiality or non-publication, the Client should notify RFND in writing before the assignment or before publication.
16.4 RFND will reasonably consider written confidentiality requests.
16.5 Where a specific confidentiality or non-publication arrangement is agreed, that written arrangement will take precedence over this section.
17. CLIENT PRIVACY AND PEOPLE APPEARING IN IMAGES
17.1 The Client acknowledges that photography and videography may capture identifiable individuals who are present during the assignment.
17.2 Where the Client is the subject of the photography, the Client may provide consent for RFND to use images containing the Client for portfolio and promotional purposes.
17.3 Where appropriate, RFND may request a separate marketing or model release from individuals whose images are intended to be used for promotional purposes.
17.4 The Client should notify RFND of any known privacy, confidentiality or publication restrictions relating to individuals appearing in the assignment.
17.5 Where the Client arranges or commissions photography involving other individuals, the Client is responsible for obtaining any permissions or consents that are legally the Client's responsibility to obtain.
17.6 RFND will process personal information in accordance with applicable South African privacy law.
18. MINORS
18.1 Where a minor is photographed, the person commissioning or arranging the photography represents that they have the appropriate authority or consent to arrange the photography of the minor.
18.2 Where promotional use of images containing a minor is contemplated, RFND may require appropriate consent from a parent or lawful guardian.
18.3 RFND will not knowingly use images of minors in an inappropriate, exploitative, unlawful or misleading manner.
19. LOCATION, PROPERTY AND SUBJECT RESPONSIBILITY
19.1 The Client is responsible for ensuring that RFND is permitted to photograph or record the location and subject matter supplied or arranged by the Client.
19.2 The Client is responsible for obtaining permissions, permits, releases or authorisations that are legally required from property owners, venues, participants or other third parties where obtaining such permission is the Client's responsibility.
19.3 RFND is not responsible for restrictions imposed by property owners, venues, municipalities, security personnel, authorities or other third parties.
19.4 Where a location becomes unavailable or inaccessible, RFND will make reasonable efforts to identify an alternative arrangement but cannot guarantee a particular location.
20. CLIENT PROPERTY AND LOCATION CONDITIONS
20.1 RFND will take reasonable care when working around the Client's property and belongings.
20.2 The Client is responsible for identifying fragile, valuable, unstable or restricted items before the commencement of the assignment.
20.3 RFND will not move valuable, fragile, unusually heavy or hazardous objects unless expressly agreed.
20.4 RFND is not responsible for damage arising from pre-existing defects, unstable objects, inadequate installation, undisclosed hazards or circumstances outside RFND's reasonable control.
21. GEAR, EQUIPMENT AND THIRD-PARTY DAMAGE
IMPORTANT NOTICE – EQUIPMENT DAMAGE
The Client's attention is specifically drawn to this section before the commencement of the booking. RFND uses professional photographic, videographic, lighting, audio, computer, drone and other equipment which may be valuable, fragile and expensive to repair or replace. The Client must take reasonable steps to ensure that persons attending the booking do not interfere with or damage RFND equipment.
21.1 RFND may use equipment that is owned, rented, leased or otherwise lawfully used by RFND, including cameras, lenses, lighting equipment, tripods, stands, computers, monitors, audio equipment, drones, batteries, storage devices and accessories.
21.2 RFND equipment remains under the control of RFND and/or the relevant equipment owner and is not provided for use by the Client or any other person unless expressly authorised by RFND.
21.3 No person other than RFND personnel or a person expressly authorised by RFND may handle, move, operate, adjust, connect, disconnect or otherwise interfere with RFND equipment.
21.4 The Client must take reasonable steps to protect RFND equipment while it is present at the Client's event, property, venue or location.
21.5 Where reasonably possible, the Client should inform guests, children, employees, contractors, venue personnel and other persons present that RFND equipment may not be touched or moved without RFND's permission.
21.6 The Client must inform RFND of known hazards, animals, children, construction, restricted areas, unstable surfaces, water, weather exposure, crowd conditions or other circumstances that could reasonably create a risk to equipment.
21.7 RFND may reposition, remove or temporarily stop using equipment where RFND reasonably considers that the equipment is at risk.
21.8 Where a person intentionally, recklessly or negligently damages RFND equipment, that person may be held responsible for the reasonable cost of repairing or replacing the affected equipment, to the extent permitted by law.
21.9 Where the person responsible is a guest, employee, contractor, venue employee, supplier, service provider or other third party, the Client must reasonably assist RFND in identifying the person responsible and, where appropriate, providing relevant details.
21.10 The Client will not automatically be liable for damage caused solely by an identifiable third party merely because that person was present at the Client's booking.
21.11 Where the Client personally causes damage, authorises unauthorised handling of RFND equipment, or is otherwise legally responsible for the conduct causing the damage, the Client may be liable for the resulting reasonable costs to the extent permitted by law.
21.12 Where unauthorised handling causes damage, RFND may recover reasonable directly resulting costs, including repair costs, replacement costs, equipment-hire costs, insurance excesses and other directly attributable expenses, to the extent permitted by law.
21.13 Where damaged equipment was rented or hired by RFND, the person legally responsible for the damage may also be responsible for reasonable rental-company charges, repair costs, replacement costs, insurance excesses, loss-of-use charges and other directly attributable costs, to the extent permitted by law.
21.14 RFND will not recover the same loss twice through insurance and direct recovery.
21.15 Where equipment is damaged during an assignment, RFND may use replacement or backup equipment where reasonably available.
21.16 RFND will make reasonable efforts to continue an assignment after equipment damage, but cannot guarantee that equipment damage caused by the Client or another person will not interrupt, delay or reduce the scope of the assignment.
21.17 Where an assignment is interrupted or materially affected by equipment damage caused by the Client or another person, RFND will not be responsible for losses resulting from that interruption to the extent permitted by law.
21.18 RFND may refuse to place or operate equipment in a location that RFND reasonably considers unsafe.
21.19 RFND may stop or modify the use of equipment where continuing would create an unreasonable risk to people, property or equipment.
21.20 Nothing in this section makes the Client responsible for damage caused by another person merely because that person was present at the booking.
21.21 Liability will be determined according to the actual circumstances of the incident and applicable law.
21.22 Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited.
22. LIMITATION OF LIABILITY
IMPORTANT NOTICE – LIMITATION OF LIABILITY
The Client's attention is specifically drawn to this section. It contains provisions relating to the allocation and limitation of risk and liability associated with RFND's services. The Client should read this section carefully before confirming a booking.
22.1 RFND will take reasonable professional care in capturing, processing, storing and delivering the Client's material.
22.2 To the extent permitted by applicable law, RFND will not be liable for indirect, consequential, incidental or unforeseeable losses arising from the performance or non-performance of the services.
22.3 In the unlikely event that original photographic or videographic material is completely lost, destroyed or rendered unusable due to circumstances for which RFND is legally responsible, RFND's liability will, to the extent legally permissible, be limited to:
(a) a reasonable reshoot where a reshoot is practically possible; or
(b) repayment of the amount actually paid by the Client for the affected service.
22.4 Where only part of the material is lost or damaged, any liability may be calculated on a reasonable pro-rata basis according to the portion of the contracted service affected.
22.5 RFND will not be liable for losses caused by circumstances outside RFND's reasonable control.
22.6 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
23. CHANGES TO THE BOOKING
23.1 The Client may request changes to the scope or duration of a booking.
23.2 Additional shooting time, locations, services, personnel, equipment, editing or other work may result in additional charges.
23.3 RFND is not obligated to accept changes where RFND does not have the necessary availability, resources or equipment.
23.4 Additional services must be paid for in accordance with the revised quotation or invoice.
23.5 The Client may not unilaterally reduce the agreed booking period on the day of the assignment and expect a corresponding reduction in the agreed fee.
23.6 Where RFND has reserved time and resources for the Client, the original agreed fee remains payable even if the Client chooses to use less of the booked service period, subject to applicable law.
24. FORCE MAJEURE
24.1 RFND will not be liable for failure or delay caused by circumstances reasonably beyond RFND's control.
24.2 Such circumstances may include severe weather, natural disasters, fire, flood, public emergencies, civil unrest, road closures, illness, injury, government restrictions, venue closure, transport disruption, power failure, telecommunications failure, equipment supply issues or other comparable circumstances.
24.3 RFND will make reasonable efforts to minimise the effect of such circumstances and, where reasonably possible, reschedule or provide an alternative solution.
25. CLIENT RESPONSIBILITY FOR PERMISSIONS
25.1 The Client is responsible for ensuring that RFND is permitted to photograph or record people, locations, products, artwork, trademarks, private property and other subject matter supplied or arranged by the Client.
25.2 Where a third-party claim arises directly from the Client's failure to obtain a permission that was the Client's responsibility to obtain, the Client may be responsible for reasonable losses suffered by RFND to the extent permitted by law.
25.3 RFND is not responsible for determining ownership, copyright, trademark, privacy or other rights relating to material supplied or arranged by the Client unless expressly contracted to do so.
26. PROFESSIONAL JUDGEMENT AND CLIENT EXPECTATIONS
26.1 The Client acknowledges that photography and videography involve artistic and professional judgement.
26.2 RFND cannot guarantee that every photograph or video will match the Client's subjective expectations.
26.3 RFND will make reasonable professional efforts to deliver work consistent with the agreed package, quotation and RFND's established professional standards.
26.4 Differences in subjective preference regarding composition, posing, colour, editing, framing, style or creative approach do not automatically constitute a failure to provide the contracted service.
26.5 Where the Client provides reference images or examples, such references are intended as general creative guidance unless RFND expressly agrees in writing to reproduce a particular result.
27. COMPLAINTS AND CORRECTIONS
27.1 If the Client believes that a material technical or delivery error has occurred, the Client should notify RFND in writing as soon as reasonably practicable after delivery and, where possible, within 7 days of delivery.
27.2 RFND will reasonably investigate legitimate technical or delivery issues.
27.3 Where an error is attributable to RFND and can reasonably be corrected, RFND will make reasonable efforts to correct it.
27.4 RFND is not required to make changes that amount solely to a change of mind or a request for a substantially different creative style after delivery.
27.5 Nothing in this section limits any statutory rights available to the Client.
28. DELIVERY AND ARCHIVING
28.1 The Client is responsible for downloading delivered files promptly.
28.2 Online galleries and delivery links may expire or become unavailable after a reasonable period.
28.3 RFND does not guarantee permanent storage or indefinite access to delivered files.
28.4 The Client is strongly encouraged to maintain multiple backups of all delivered photographs and videos.
28.5 RFND may retain RAW files, working files and edited files for as long as reasonably necessary for business, backup, legal or operational purposes but does not guarantee indefinite retention.
29. PAYMENT DEFAULT
29.1 Where a payment becomes overdue, RFND may suspend editing, delivery or further services until outstanding amounts have been paid.
29.2 RFND is not required to release final photographs, videos or other deliverables while amounts due remain outstanding, to the extent permitted by law.
29.3 Any reasonable costs arising from lawful payment recovery may be recoverable to the extent permitted by law.
29.4 Physical products, prints, albums or other goods supplied by RFND remain the property of RFND until payment has been received in full, where legally applicable.
30. THIRD-PARTY SERVICES
30.1 RFND may engage assistants, second photographers, videographers, editors, pilots, subcontractors, equipment suppliers or other service providers where reasonably necessary.
30.2 RFND will remain responsible for managing the contracted service but cannot guarantee the availability of a particular subcontractor or supplier unless specifically agreed.
30.3 Third-party services or costs not included in the Client's package may be charged separately.
31. ELECTRONIC COMMUNICATION AND ACCEPTANCE
31.1 RFND may communicate with the Client by email, WhatsApp, SMS or other electronic communication methods provided by the Client.
31.2 The Client is responsible for providing accurate contact details and for checking communications relating to their booking.
31.3 Quotations, invoices, booking confirmations, amendments and other agreements may be communicated and accepted electronically.
31.4 Payment of a booking deposit, acceptance of a quotation, acceptance of an invoice, electronic confirmation or instruction to RFND to proceed may constitute acceptance of these Terms where permitted by applicable law.
31.5 The Client acknowledges that electronic records may be retained by RFND as evidence of the booking and communications between the parties.
32. AGREEMENT, PRIORITY AND CHANGES
32.1 These Terms form part of the agreement between RFND and the Client.
32.2 The applicable quotation, invoice or booking confirmation forms part of the agreement.
32.3 Where a specific written quotation, invoice or booking agreement conflicts with these general Terms, the specific written agreement will take precedence only to the extent of the conflict.
32.4 The version of these Terms applicable on the date the booking is confirmed will govern that booking.
32.5 RFND may update these Terms for future bookings. Updated Terms will not automatically alter the Terms governing an already-confirmed booking.
32.6 Any amendment to the Terms governing an existing booking must be agreed in writing by the parties, unless the amendment is required by applicable law.
33. SEVERABILITY
33.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable.
33.2 If the provision cannot be made enforceable, it will be severed to the extent necessary without affecting the remaining provisions.
33.3 The remaining provisions will continue to apply to the extent permitted by law.
34. GOVERNING LAW AND DISPUTES
34.1 These Terms are governed by the laws of the Republic of South Africa.
34.2 Any dispute arising from these Terms will be dealt with in accordance with applicable South African law.
34.3 The parties should first attempt to resolve any dispute in good faith through direct communication.
34.4 Nothing in these Terms prevents a consumer from exercising any statutory right or remedy available under applicable law.
35. IMPORTANT CLIENT ACKNOWLEDGEMENT
By booking with Refined Photography, the Client acknowledges that:
The booking reserves RFND's professional time and resources.
Payments are generally non-refundable, subject to rights that cannot legally be excluded.
RAW, unedited, rejected, unselected and working files are not supplied.
The final image selection is determined by RFND's professional judgement.
Delivery times are estimates unless a specific guaranteed delivery date has been agreed in writing.
The Client is responsible for providing access and necessary cooperation.
The Client is responsible for obtaining permissions that are legally the Client's responsibility to obtain.
Additional services, travel, preparation and changes may incur additional fees.
Copyright remains with RFND unless otherwise agreed in writing.
The Client receives usage rights rather than automatic copyright ownership.
RFND may use suitable completed work for portfolio and promotional purposes, subject to applicable privacy requirements and any written confidentiality arrangement.
The Client is responsible for downloading and backing up delivered files.
The Client must take reasonable steps to protect RFND's equipment during the booking.
Damage to RFND equipment caused intentionally, recklessly or negligently may result in recovery of reasonable costs from the person legally responsible, to the extent permitted by law.
These Terms apply together with the applicable quotation, invoice and booking confirmation.