Terms And Conditions - The Charles Gallery | Photography

Terms and Conditions

The Charles Gallery | Photography
Effective Date: 17 March 2026
Last Updated: 17 March 2026

1. Introduction

Welcome to The Charles Gallery | Photography (“Company”, “we”, “our”, “us”). These Terms and Conditions (“Terms”) govern all services, products, and interactions between The Charles Gallery and its clients (“Client”, “you”, “your”).

By booking, engaging, or using any of our photography, videography, digital, or creative services, you agree to be legally bound by these Terms and Conditions. If you do not agree, you must refrain from using our services.

2. Definitions

“Services”: All photography, videography, editing, retouching, studio sessions, event coverage, content creation, and related services.
“Deliverables”: Final edited images, videos, albums, prints, digital files, or any media provided.
“Session”: Scheduled photography or videography booking.
“Event”: Any occasion or assignment covered by the Company.
“Intellectual Property”: All images, videos, content, and creative work produced.

3. Bookings & Reservations

3.1 Booking Confirmation

All bookings must be confirmed via:
Signed agreement/contract OR
Written confirmation (email, WhatsApp, or official platform).
A booking is not secured until a deposit has been received.

3.2 Deposits

A non-refundable deposit (typically 30%–50%) is required to secure your date.
Dates are allocated on a first-come, first-served basis.

3.3 Full Payment

Full payment must be completed:
Before delivery of final content, OR
As per the agreed payment schedule.

3.4 Late Payments

Late payments may result in:
Delayed delivery.
Additional fees.
Legal action if necessary.

4. Pricing & Fees

4.1 Pricing Structure

Prices are subject to change without notice unless already booked.
Custom quotes are valid for a limited time (usually 7–14 days).

4.2 Additional Costs

Additional fees may include:
Travel and accommodation.
Overtime.
Studio rental.
Props, styling, or assistants.
Rush delivery.
Special editing or retouching.

4.3 Overtime

Overtime is billed per hour and must be paid accordingly.

5. Cancellations & Rescheduling

5.1 Cancellation by Client

Deposits are non-refundable.

Cancellation within:
7 days: Up to 100% of total fee may be charged.
14 days: Partial refund (excluding deposit).

5.2 Rescheduling

Rescheduling is allowed once, subject to availability.
Must be requested at least 7 days prior to the booking.

5.3 Cancellation by Company

We reserve the right to cancel due to:
Illness.
Emergencies.
Unforeseen circumstances.

In such cases:
A full refund OR
Rescheduling option will be offered.

6. Client Responsibilities

The Client agrees to:

Arrive on time for sessions.
Provide accurate event details.
Ensure cooperation of all participants.
Obtain permissions for locations and individuals.
Respect the photographer’s creative direction.

Failure to comply may affect final results.

7. Creative Control

The Charles Gallery | Photography retains full creative direction.
Final images are selected and edited at our discretion.
RAW/unprocessed files are not included unless agreed otherwise.

8. Delivery Of Work

8.1 Turnaround Time

Standard delivery:
Photos: 3–7 business days.
Events/Weddings: 2–3 weeks.
Timelines may vary depending on project scope.

8.2 Delivery Format

Digital via:
Online gallery.
Download link.

8.3 File Storage

Files are stored for a limited period (typically 10–30 days).
Clients are responsible for downloading and backing up content.

9. Image Editing & Retouching

Basic editing includes:

Colour correction.
Exposure adjustments.
Advanced retouching (skin, body edits, object removal) may incur extra charges.

10. Copyright & Intellectual Property

10.1 Ownership

All content remains the intellectual property of The Charles Gallery | Photography

10.2 Usage Rights

Clients are granted:
Personal use rights (unless otherwise agreed).
Limited commercial use (if purchased/licensed).

10.3 Restrictions

Clients may NOT:
Sell images without permission.
Edit, alter or apply filters without consent.
Claim authorship.

11. Model Release

By participating in a session, the Client grants The Charles Gallery | Photography:

Permission to use images for:
Portfolio.
Marketing.
Social media.
Advertising.

Clients may request a confidentiality agreement prior to the shoot.

12. Commercial Use & Licensing

Commercial usage requires a separate license agreement.

Pricing depends on:
Usage scope.
Duration.
Distribution.

13. Liability & Limitation

13.1 General Liability

We are not liable for:
Missed shots due to client interference.
Uncooperative subjects.
Weather conditions.

13.2 Equipment Failure

In the rare case of failure:
Backup equipment is used.
Liability is limited to refund or reshoot.

13.3 Maximum Liability

Liability is limited to the total amount paid by the Client.

14. Force Majeure

We are not responsible for failure to perform due to:

Natural disasters.
Government restrictions.
Power outages.
Pandemics.
Any uncontrollable events.

15. Travel & Location Shoots

Travel fees apply outside standard service areas.

Client must cover:
Transport.
Accommodation (if required).
Permits and access fees.

16. Studio Policies

Studio sessions must start and end on time.
Damages to studio property will be billed to the Client.
Children must be supervised at all times.

17. Prints, Albums & Products

Orders are final once approved.
Production timelines vary.
We are not responsible for third-party printing errors unless handled directly by us.

18. Data Protection & Privacy

Client information is handled according to our Privacy Policy.
We do not sell or share personal data without consent.

19. Social Media & Credit

Proper credit must be given when posting images:
Tagging: @TheCharlesGallery
Misuse or failure to credit may result in legal action.

20. Dispute Resolution

Any disputes shall first be resolved through negotiation.

If unresolved:
Subject to the laws of South Africa.
Jurisdiction: Local courts.

21. Termination

We reserve the right to terminate services if:

Client violates these Terms and Conditions.
There is abusive or inappropriate behavior.
Safety concerns arise.

22. Amendments

These Terms and Conditions may be updated at any time.
Continued use of services implies acceptance of updates.

23. Entire Agreement

These Terms and Conditions constitute the full agreement between The Charles Gallery | Photography and the Client and override any prior agreements.

23. Contact Information

The Charles Gallery | Photography
Email: terms@thecharlesgallery.co.za
Phone: +27 73 366 1128
Website: www.thecharlesgallery.co.za

24. Acceptance Of
Terms & Conditions

By booking or using our services, you confirm that you:

Have read.
Understood.
Agreed to these Terms and Conditions.