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Terms & Conditions

Last updated: 26 August 2026

These Terms & Conditions govern the provision of photography services by Lukeny Photography.

By requesting a quotation, making a booking, paying a deposit or otherwise confirming photography services with Lukeny Photography, the Client acknowledges that they have read, understood and agreed to these Terms & Conditions.

These Terms & Conditions should be read together with the quotation, invoice, booking confirmation and any specific written agreement issued for the relevant photography service.

Where a specific written agreement signed by both parties contains terms that differ from these Terms & Conditions, the specific written agreement will apply to the extent of the inconsistency.

1. ABOUT LUKENY PHOTOGRAPHY

Lukeny Photography

54 Jeanette Street
Kilner Park
Pretoria
Gauteng, 0186
South Africa

Email: LukenyPhotography@gmail.com
Phone: +27 62 775 3214
Website: www.lukenyphotography.com

Lukeny Photography provides professional photography services including, but not limited to:

  • Weddings

  • Engagements

  • Corporate events

  • Matric farewell events

  • Graduations

  • Birthday celebrations

  • Community events

  • Night and live events

  • Fashion and lifestyle photography

  • Portrait sessions

  • Other photography services agreed between Lukeny Photography and the Client

Services may be provided in Pretoria, Johannesburg, Centurion, Gauteng and surrounding areas, subject to availability.

2. DEFINITIONS

For purposes of these Terms & Conditions:

"Lukeny Photography", "we", "us" or "our" means Lukeny Photography.

"Client", "you" or "your" means the person or entity booking or purchasing photography services from Lukeny Photography.

"Photography Services" means the photography services described in the applicable quotation, booking confirmation or agreement.

"Photographs" means all photographs and photographic works created by Lukeny Photography in connection with the Photography Services, including edited photographs, previews, proofs, digital files, prints and other photographic outputs.

"Booking" means a confirmed arrangement for Photography Services on an agreed date, time and location.

"Event" means the wedding, celebration, function, corporate event, session or other occasion for which Photography Services are booked.

3. BOOKINGS

A photography date is considered provisionally available until Lukeny Photography confirms the Booking.

A Booking becomes confirmed when:

  1. The Client has accepted the quotation or booking terms;

  2. The required booking deposit has been received; and

  3. Lukeny Photography has confirmed the Booking.

The specific deposit amount and payment schedule will be stated in the applicable quotation, invoice or booking agreement.

Lukeny Photography may decline a Booking where the requested date, service or circumstances are incompatible with our availability or ability to provide the service.

4. QUOTATIONS AND PRICING

Quotations are valid for the period stated in the quotation.

If no expiry period is stated, Lukeny Photography may amend or withdraw the quotation before the Booking has been confirmed.

A quotation may specify:

  • Photography coverage hours

  • Number of photographers

  • Number or approximate number of edited photographs

  • Deliverables

  • Delivery timeframe

  • Location

  • Travel costs

  • Additional services

  • Overtime charges

  • Payment requirements

  • Other Booking-specific conditions

The final price payable by the Client will be the price stated in the accepted quotation, invoice or Booking agreement, subject to any additional services or charges agreed after the Booking.

5. PAYMENT

The Client agrees to pay all amounts according to the payment schedule stated in the applicable quotation, invoice or Booking agreement.

Unless otherwise agreed in writing:

  • The Booking deposit must be paid before the date is reserved.

  • Any outstanding balance must be paid by the deadline specified by Lukeny Photography.

  • Additional services requested after the original Booking may incur additional charges.

  • Overtime, additional coverage or other services requested by the Client may be charged separately.

Lukeny Photography is not required to provide final deliverables until all amounts due under the Booking have been paid, subject to applicable law.

6. BOOKING DEPOSITS

A Booking deposit may be required to secure the photography date.

The deposit compensates Lukeny Photography for reserving the date and declining other potential work for that period.

Where a Client cancels an advance Booking, Lukeny Photography may retain or apply the deposit and/or charge a reasonable cancellation amount to the extent permitted by applicable law and the circumstances of the cancellation.

Any cancellation charge will take into account applicable consumer-protection requirements.

The deposit and cancellation provisions do not exclude any rights that the Client may have under applicable South African law.

7. CLIENT CANCELLATION

The Client may request cancellation of a Booking by contacting Lukeny Photography in writing.

The applicable financial consequences of cancellation will depend on:

  • How far in advance the cancellation is made;

  • The nature and size of the Booking;

  • The amount of work already performed;

  • Expenses already incurred;

  • Whether the date can reasonably be re-booked;

  • The amount of notice provided;

  • Any third-party costs already committed;

  • The terms of the applicable quotation or Booking agreement; and

  • Applicable consumer-protection law.

Lukeny Photography will not impose a cancellation charge that is prohibited by applicable law.

For significant events such as weddings, the Client should refer to the cancellation schedule contained in the applicable Booking agreement where one has been provided.

8. RESCHEDULING

The Client may request to move the Booking to another date.

Rescheduling is subject to:

  • Photographer availability;

  • Venue availability where relevant;

  • The nature of the original Booking;

  • Additional costs reasonably incurred;

  • The amount of notice provided; and

  • Any specific rescheduling terms contained in the Booking agreement.

Lukeny Photography will make reasonable efforts to accommodate a rescheduling request but cannot guarantee availability on the new date.

If the new date is unavailable, the request may be treated as a cancellation of the original Booking.

9. LATE ARRIVAL AND CLIENT DELAYS

The agreed photography coverage period begins at the agreed start time.

If the Client or Event is delayed, the scheduled coverage period does not automatically move forward.

Where the photographer is required to remain beyond the agreed coverage period because of Client or Event delays, additional overtime charges may apply.

Lukeny Photography will make reasonable efforts to accommodate delays where possible, but cannot guarantee additional coverage without additional payment or availability.

10. OVERTIME AND ADDITIONAL COVERAGE

Photography coverage beyond the number of hours included in the agreed package may be charged at the applicable overtime rate.

Overtime is subject to photographer availability.

The Client should request additional coverage as early as reasonably possible.

Where additional coverage is requested during an Event, Lukeny Photography may accommodate the request where possible.

11. CLIENT RESPONSIBILITIES

The Client is responsible for providing accurate information necessary for the successful provision of the Photography Services.

This may include:

  • Correct event date;

  • Correct start and finish times;

  • Correct venue information;

  • Access instructions;

  • Relevant contact information;

  • Changes to the Event schedule;

  • Special photography requirements;

  • Restrictions imposed by the venue;

  • Any relevant safety concerns; and

  • Any other information reasonably necessary to provide the Photography Services.

The Client is responsible for communicating relevant photography arrangements to members of the wedding party, family, guests, employees, organisers and other participants where appropriate.

12. VENUE AND EVENT RESTRICTIONS

The Client is responsible for notifying Lukeny Photography of any photography restrictions imposed by the venue, organiser or other relevant authority.

Lukeny Photography is not responsible for missed photographs or reduced coverage caused by:

  • Venue restrictions;

  • Security restrictions;

  • Officials preventing photography;

  • Lighting restrictions;

  • Restricted access;

  • Guests obstructing photography;

  • Changes to the Event schedule;

  • Delays outside the photographer's control; or

  • Other circumstances beyond Lukeny Photography's reasonable control.

13. PHOTOGRAPHIC STYLE AND CREATIVE CONTROL

The Client acknowledges that photography involves artistic judgement and creative interpretation.

Lukeny Photography will make reasonable professional decisions regarding:

  • Composition;

  • Lighting;

  • Camera settings;

  • Posing;

  • Angles;

  • Locations;

  • Timing;

  • Image selection;

  • Colour grading;

  • Retouching;

  • Editing style; and

  • Final presentation.

The Client may communicate reasonable preferences before the Event.

However, the Client acknowledges that the photographer retains creative control over the final photographic work.

14. EDITING AND IMAGE SELECTION

Lukeny Photography will select photographs for delivery based on professional judgement.

The Client does not have the right to demand delivery of every photograph taken during the Booking.

Images may be excluded because they are:

  • Duplicates;

  • Blurred;

  • Technically unsuitable;

  • Unflattering;

  • Test images;

  • Misfires;

  • Unusable due to lighting or movement;

  • Redundant; or

  • Otherwise unsuitable for final delivery.

Lukeny Photography's standard editing style forms part of the Photography Services.

Additional editing or extensive retouching requested by the Client may be subject to additional charges.

15. RAW FILES AND UNEDITED PHOTOGRAPHS

RAW files, unedited photographs, rejected photographs and working files are not included in standard Photography Services unless specifically agreed in writing.

Lukeny Photography is not required to provide RAW files or other unedited material.

The Client may not require Lukeny Photography to provide files that are not included in the agreed package.

16. DELIVERY OF PHOTOGRAPHS

The estimated delivery timeframe will be stated in the applicable quotation or Booking agreement.

Delivery times may vary depending on:

  • Size of the Event;

  • Number of photographs;

  • Editing requirements;

  • Workload;

  • Technical issues;

  • Public holidays;

  • Unforeseen circumstances; and

  • Other reasonable operational considerations.

Lukeny Photography will make reasonable efforts to meet the agreed delivery timeframe.

The Client is responsible for providing accurate contact details necessary for delivery.

17. BACKUP AND STORAGE

Lukeny Photography will take reasonable steps to protect and back up photographic files during the production and editing process.

However, no digital storage system is completely immune from technical failure, corruption, theft, accidental deletion or other loss.

The Client is encouraged to download and safely store delivered photographs.

Unless otherwise agreed in writing, Lukeny Photography does not guarantee indefinite storage of completed photographs after delivery.

18. COPYRIGHT OWNERSHIP

THIS SECTION IS AN IMPORTANT PART OF THE AGREEMENT.

The parties expressly agree that Lukeny Photography retains ownership of the copyright in the photographs created under the Booking.

The Client agrees that the default copyright ownership rule applicable to commissioned photographs is excluded by agreement to the extent permitted by applicable law.

This provision is intended to operate as an agreement contemplated by section 21(1)(e) of the South African Copyright Act 98 of 1978.

The South African Copyright Act provides a default rule concerning commissioned photographs, but section 21(1)(e) permits the parties to exclude that rule by agreement.

Accordingly, unless a separate written agreement expressly provides otherwise:

Lukeny Photography is the copyright owner of the Photographs.

Payment for Photography Services does not constitute an assignment or transfer of copyright to the Client.

19. LUKENY PHOTOGRAPHY'S RIGHTS TO THE PHOTOGRAPHS

Subject to applicable law and the terms of this agreement, Lukeny Photography retains the right to:

  • Reproduce the Photographs;

  • Publish the Photographs;

  • Display the Photographs;

  • Distribute the Photographs;

  • Edit the Photographs;

  • Crop the Photographs;

  • Retouch the Photographs;

  • Adapt the Photographs;

  • Create derivative works;

  • Include the Photographs in portfolios;

  • Display the Photographs on the Lukeny Photography website;

  • Publish the Photographs on social-media platforms;

  • Use the Photographs in advertising;

  • Use the Photographs in marketing campaigns;

  • Use the Photographs in brochures and promotional material;

  • Submit the Photographs to competitions;

  • Display the Photographs at exhibitions;

  • Display the Photographs in galleries or artistic presentations;

  • Use the Photographs in sample albums;

  • Use the Photographs in presentations to prospective clients;

  • Use the Photographs for editorial or educational purposes; and

  • Otherwise commercially or artistically exploit the copyright in the Photographs.

These rights form part of the Photography Services and are not automatically extinguished by delivery of photographs to the Client.

20. CLIENT'S LICENCE TO USE PHOTOGRAPHS

Lukeny Photography grants the Client a non-exclusive, non-transferable licence to use the final delivered photographs for personal, non-commercial purposes, subject to these Terms & Conditions.

This may include:

  • Personal social-media posts;

  • Sharing with friends and family;

  • Personal printing;

  • Personal albums;

  • Personal displays; and

  • Other ordinary personal uses.

The Client may not:

  • Sell the Photographs;

  • License the Photographs to third parties;

  • Use the Photographs commercially without permission;

  • Claim copyright ownership;

  • Remove or obscure copyright information where reasonably practicable;

  • Represent Lukeny Photography's work as the Client's own photography;

  • Submit the Photographs to competitions as the Client's own photographic work; or

  • Grant another person rights that the Client does not possess.

Businesses, brands, influencers, publications and other commercial entities may require a separate commercial usage licence.

21. CLIENT EDITING AND ALTERATION

The Client may make reasonable technical adjustments for personal social-media use.

However, the Client may not materially alter, manipulate or edit photographs in a manner that misrepresents Lukeny Photography's artistic work without our permission.

In particular, the Client should not apply filters, heavy colour grading, AI modifications or other substantial alterations and then present the altered work as the original work of Lukeny Photography.

22. PORTFOLIO, MARKETING AND EXHIBITION RIGHTS

The Client acknowledges and agrees that Lukeny Photography may use photographs created during the Booking for the development and promotion of the photography business.

This includes use in:

  • Website portfolios;

  • Instagram;

  • Facebook;

  • TikTok;

  • Pinterest;

  • Advertising;

  • Google or other digital advertising;

  • Printed advertising;

  • Business presentations;

  • Portfolio books;

  • Sample albums;

  • Photography competitions;

  • Awards submissions;

  • Exhibitions;

  • Galleries;

  • Art displays;

  • Promotional events;

  • Editorial features;

  • Educational presentations; and

  • Other legitimate promotional, artistic or commercial activities.

The Client agrees that payment for Photography Services does not, by itself, create a right to require Lukeny Photography to remove photographs from its portfolio or promotional materials.

This clause is subject to applicable privacy, personality, contractual and other legal rights that cannot lawfully be excluded.

23. THIRD-PARTY COMMERCIAL USE

The Client may not provide the Photographs to another business, brand, publication, advertising agency, influencer, media organisation or other commercial entity for commercial use without obtaining the appropriate rights from Lukeny Photography.

Where a third party wishes to use a photograph commercially, Lukeny Photography may negotiate a separate commercial licence.

24. COPYRIGHT INFRINGEMENT

Unauthorised reproduction, commercial use, distribution, licensing or other exploitation of photographs owned by Lukeny Photography may constitute copyright infringement.

Lukeny Photography reserves all rights and remedies available under applicable copyright law.

The Client agrees to notify Lukeny Photography if they become aware of unauthorised commercial use of photographs owned by Lukeny Photography.

25. PERSONAL INFORMATION AND PRIVACY

Lukeny Photography may collect and process personal information in connection with providing Photography Services.

Personal information may include names, contact details, event information, booking information and photographs containing identifiable individuals.

The processing of personal information is governed by our Privacy Policy, which forms part of the overall information provided to Clients regarding our handling of personal information.

Lukeny Photography will process personal information in accordance with applicable South African privacy and data-protection legislation, including POPIA.

26. CLIENT RESPONSIBILITY FOR EVENT PARTICIPANTS

The Client acknowledges that events may contain guests, family members, employees, children and other participants.

Where the Client is responsible for organising an Event, the Client should communicate relevant photography arrangements to participants where reasonably appropriate.

Nothing in these Terms & Conditions is intended to unlawfully remove any rights belonging to individuals who appear in photographs.

27. LOCATION AND TRAVEL

Photography Services may involve travel outside Pretoria.

Where travel charges apply, these will be stated in the quotation or Booking agreement.

Additional costs may apply for:

  • Long-distance travel;

  • Accommodation;

  • Parking;

  • Tolls;

  • Special transport requirements;

  • Venue access charges; or

  • Other reasonable expenses necessary to provide the Photography Services.

28. MEALS AND BREAKS FOR EXTENDED EVENTS

For extended photography assignments, particularly full-day weddings and events, reasonable meal and rest breaks may be required.

Where the Booking agreement specifies meal arrangements, the Client agrees to provide or facilitate those arrangements.

Breaks will be managed so that they have as little impact on important photography moments as reasonably possible.

29. SAFETY

Lukeny Photography reserves the right to stop or modify photography activities where the photographer reasonably believes that continuing would create a significant safety risk.

This may include dangerous weather, unsafe venues, aggressive behaviour, hazardous environments, illegal activities or other serious risks.

The photographer will make reasonable efforts to continue providing the Photography Services where safely possible.

30. GUESTS AND OTHER PERSONS

Lukeny Photography is not responsible for guests or other individuals who:

  • Obstruct the photographer;

  • Enter the photographer's shooting area;

  • Interfere with equipment;

  • Cause delays;

  • Prevent particular photographs from being taken;

  • Damage equipment; or

  • Otherwise interfere with the Photography Services.

Where a guest or other person causes damage to equipment through negligent or intentional conduct, Lukeny Photography reserves the right to seek appropriate compensation where legally permitted.

31. EQUIPMENT FAILURE

Lukeny Photography uses professional photographic equipment and takes reasonable precautions to reduce the risk of equipment failure.

However, photography equipment can fail unexpectedly.

Where equipment failure occurs, Lukeny Photography will make reasonable efforts to continue providing the Photography Services using backup equipment or alternative methods where available.

Lukeny Photography will not be liable for circumstances that could not reasonably have been prevented or remedied.

32. ILLNESS, EMERGENCIES AND UNAVOIDABLE CIRCUMSTANCES

If the photographer becomes seriously ill, is injured, experiences an emergency or becomes otherwise unable to provide the Photography Services, Lukeny Photography will make reasonable efforts to:

  1. Provide a suitable replacement photographer; or

  2. Reschedule the Photography Services where reasonably possible.

If neither option is reasonably possible, the parties will discuss an appropriate resolution in accordance with applicable law and the circumstances.

33. FORCE MAJEURE

Lukeny Photography will not be responsible for failure or delay caused by circumstances reasonably beyond our control.

Such circumstances may include:

  • Natural disasters;

  • Severe weather;

  • Floods;

  • Fires;

  • Serious illness;

  • Accidents;

  • Government restrictions;

  • Civil unrest;

  • Transport disruptions;

  • Venue closures;

  • Power failures;

  • Major technical failures;

  • Acts of terrorism;

  • Epidemics or pandemics; or

  • Other extraordinary circumstances beyond reasonable control.

Where possible, Lukeny Photography will work with the Client to find a reasonable alternative.

34. LIMITATION OF LIABILITY

Lukeny Photography will take reasonable care in providing Photography Services.

However, to the extent permitted by applicable law, Lukeny Photography will not be responsible for losses arising from circumstances outside our reasonable control.

Nothing in these Terms & Conditions excludes or limits any liability or consumer right that cannot legally be excluded or limited under South African law.

Nothing in these Terms & Conditions is intended to exclude liability for fraud, gross misconduct or any other liability that cannot lawfully be excluded.

35. MISSED PHOTOGRAPHS

Lukeny Photography cannot guarantee that every requested photograph will be captured.

Important moments may be missed because of:

  • Timing;

  • Lighting;

  • Venue restrictions;

  • Weather;

  • Guest interference;

  • Client delays;

  • Unforeseen events;

  • Safety concerns;

  • Photographer access;

  • Equipment problems; or

  • Other circumstances beyond reasonable control.

The Client acknowledges that photography involves unpredictable real-world circumstances.

36. CLIENT REQUESTS AND SHOT LISTS

Clients are welcome to provide reasonable requests or shot lists before the Event.

For weddings and larger Events, clients are encouraged to provide a list of important family combinations, people and moments.

Lukeny Photography will make reasonable efforts to accommodate these requests.

However, a shot list does not guarantee that every requested photograph will be possible.

37. PROFESSIONAL MEALS, ACCESS AND EVENT COORDINATION

For large Events, the Client should ensure that Lukeny Photography has reasonable access to the locations and people necessary to perform the Photography Services.

Where an Event coordinator, planner or venue manager controls the schedule, Lukeny Photography may coordinate with them to facilitate photography.

The Client remains responsible for ensuring that the photographer is properly informed about significant schedule changes.

38. DISPLAY OF CLIENT PHOTOGRAPHS ONLINE

The Client understands that photographs may appear on publicly accessible websites and social-media platforms as part of Lukeny Photography's portfolio and promotional activities.

Once photographs are published online, they may potentially be viewed, shared or downloaded by third parties.

Lukeny Photography will take reasonable steps to protect the images against unauthorised use but cannot control how third parties interact with publicly available content.

39. SOCIAL MEDIA TAGGING

Where appropriate, Lukeny Photography may tag or mention the Client, Event venue or other relevant participants when publishing photographs.

We will not knowingly disclose private contact information through social-media posts.

40. CHANGES TO SERVICES

Lukeny Photography may update its packages, prices, equipment, workflows and service offerings from time to time.

Changes made after a Booking has been confirmed will not automatically alter the agreed price or deliverables unless the Client agrees to the change or the change is reasonably necessary to provide the service.

41. WEBSITE INFORMATION

Information displayed on the Lukeny Photography website is intended to provide general information about our services.

Package descriptions, example images and promotional material may not represent every possible Booking.

The specific quotation or Booking agreement will determine the services purchased by the Client.

42. COMPLAINTS

If the Client has a complaint regarding the Photography Services, the Client should contact Lukeny Photography as soon as reasonably possible.

We will make reasonable efforts to investigate and resolve legitimate concerns.

Complaints should be submitted using:

Email: LukenyPhotography@gmail.com
Phone: +27 62 775 3214

Nothing in this complaints process limits any rights available to the Client under applicable South African law.

43. CONSUMER RIGHTS

These Terms & Conditions are intended to comply with applicable South African consumer-protection requirements.

Nothing in these Terms & Conditions is intended to remove, restrict or waive a right available to a consumer under the Consumer Protection Act 68 of 2008 or other applicable law where such right cannot lawfully be excluded.

The Consumer Protection Act recognises consumer rights concerning fair terms, advance bookings, cancellations and reasonable cancellation charges.

Where a provision of these Terms & Conditions conflicts with a mandatory legal requirement, the mandatory legal requirement will prevail.

44. GOVERNING LAW

These Terms & Conditions are governed by the laws of the Republic of South Africa.

Any dispute arising from the Photography Services or these Terms & Conditions will be dealt with in accordance with applicable South African law.

Nothing in this clause prevents a consumer from exercising any statutory right or remedy available under applicable law.

45. CHANGES TO THESE TERMS & CONDITIONS

Lukeny Photography may update these Terms & Conditions from time to time.

The version applicable to a particular Booking will generally be the version provided to or accepted by the Client at the time of the Booking, unless a later amendment is required by law or otherwise agreed between the parties.

The current version will be made available on the Lukeny Photography website.

46. SEVERABILITY

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it lawful and enforceable where possible.

The remaining provisions will continue to apply.

47. ENTIRE AGREEMENT

The applicable quotation, invoice, Booking confirmation, specific written agreement and these Terms & Conditions constitute the agreement between Lukeny Photography and the Client regarding the Photography Services.

Any amendment to a material term should be recorded in writing.

48. CLIENT ACKNOWLEDGEMENT

By accepting a quotation, paying a Booking deposit, signing a Booking agreement or otherwise confirming Photography Services, the Client acknowledges that:

  • They have had an opportunity to read these Terms & Conditions;

  • They understand the Photography Services being purchased;

  • They understand the payment requirements;

  • They understand the cancellation and rescheduling provisions;

  • They understand that Lukeny Photography retains copyright in the Photographs;

  • They understand that payment does not transfer copyright ownership;

  • They understand that Lukeny Photography may use photographs for portfolio, marketing, advertising, exhibition and artistic purposes, subject to applicable law;

  • They understand the licence granted to them for personal use of delivered photographs; and

  • They agree to be bound by these Terms & Conditions.

49. CONTACT INFORMATION

Lukeny Photography

Email: LukenyPhotography@gmail.com
Phone: +27 62 775 3214

Address:
54 Jeanette Street
Kilner Park
Pretoria
Gauteng, 0186
South Africa

Website:
www.lukenyphotography.com

Last updated: 26 August 2026

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