Terms Of Service
This Agreement is made between Rafique Muzhaffar Photography, hereinafter referred to as "the COMPANY", and (Name of Client), hereinafter referred to as "the CLIENT", relating to the event detailed below, hereinafter referred to as "the EVENT".
Entire Agreement
This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add to or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder shall remain valid and enforceable. Any agreement to waive one or more provisions, or any failure to enforce a provision, shall not constitute a waiver of any other portion or provision of this agreement.
Pricing
You may refer to my pricing here.
Booking
A booking fee of 50% of the total event price is required to reserve the date and times of the EVENT. The CLIENT should book the COMPANY at least two weeks in advance. If the EVENT is rescheduled, postponed or cancelled, or if there is a breach of contract by the CLIENT, the booking fee is non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment of any of the COMPANY's material charges incurred up to the time of cancellation (if any).
Payment
The CLIENT should proceed with the balance payment of the remaining 50% upon delivery of photos, within 7 days. Payment can be received in cash or by online transfer to the stated bank account (CIMB Bank).
Delivery
The COMPANY will deliver 10–15 highlight photos on the day of the event before midnight, through email. The remaining photos will be delivered in edited JPEG format within 30 days from the date of the event; RAW files are available upon request. The CLIENT will receive the photos as soft copies through email. The COMPANY will inform the CLIENT if delivery is delayed due to unforeseen events, with compensation provided.
Printing
The COMPANY's professional photo printer will be used, with only high-quality papers and inks. The COMPANY provides photo printing services in sizes 4R, A4, A3 and A3+. Printing is available upon request and charged separately.
Event Schedule
The CLIENT agrees to confirm the schedule one week prior to the EVENT. Notification of any changes in schedule or location must be made in a timely manner.
Safety
The COMPANY reserves the right to terminate coverage and leave the location of the EVENT if the photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT, or if the safety of the photographer is in question.
Shooting Time / Additions
The CLIENT and the COMPANY agree that cooperation and punctuality are essential. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive on time, shooting will still commence and end at the scheduled times. The CLIENT may request additional time beyond the scheduled end time on the day of the event, which will be billed accordingly.
Travel Expenses
All travel expenses are based on the distance between the EVENT's location(s) and the COMPANY's location. For all events, RM0.80 per kilometre (including return) will be charged in excess of 30km from the COMPANY's location.
Responsibilities
The COMPANY is not responsible for compromised coverage due to causes beyond its control, including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses, decorations or location restrictions. The COMPANY is not responsible for backgrounds or lighting conditions that may negatively impact coverage, and is not held liable for missed coverage of any part of the EVENT or for failure to deliver images of any individuals or objects.
Expenses Incurred
When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs if the EVENT exceeds 30km from the COMPANY's location.
Venue And Location Limitations
The COMPANY 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 COMPANY. Negotiation with officials for moderation of guidelines is the CLIENT's responsibility; the COMPANY will offer technical recommendations only.
Permits
The CLIENT is responsible for acquiring all permits and necessary permissions for all locations at which the COMPANY will be performing the services.
Model Release
The CLIENT hereby assigns the COMPANY 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, in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from the use of the images.
Limit Of Liability
In the unlikely event that the assigned photographer is unable to perform due to injury, illness, act of God or other cause beyond the COMPANY's control, the COMPANY will make every effort to secure a replacement. If a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT. In the unlikely event that digital files are lost, stolen or destroyed for reasons beyond the COMPANY's control, liability is limited to the return of all payments received. The limit of liability for a partial loss of originals shall be a prorated amount based on the percentage of total originals lost. The COMPANY is not liable for the loss of images beyond the final delivery of all products included in the package.
Capture And Delivery
The COMPANY is not obliged to deliver every image taken at the event. The CLIENT should discuss the necessary images with the COMPANY before the EVENT; otherwise the determination of images delivered is left to the discretion of the COMPANY.
Satisfaction Guaranteed
The COMPANY guarantees satisfactory photos; if not, compensation will be discussed.
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 COMPANY.