Terms & Conditions

Last Updated: 17 June 2025

1. Introduction

These Terms and Conditions ("Terms") govern your use of the website [Your Website Name & URL] and the services provided by Lukeny Photography. By accessing this website or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use this website or our services.

These Terms apply to all clients, site visitors, and users located in South Africa and internationally.

2. Eligibility and Use of the Website

You may only use this website if you:

Are at least 18 years old; or
Have obtained the consent of your legal guardian if you are a minor.

By using this website, you warrant that all information you provide is true, accurate, and complete.

We reserve the right to deny access to the website or our services at our sole discretion, without prior notice, if we believe you have violated these Terms.

3. Services Offered

We provide professional photography and videography services, including but not limited to:

On-location photo and video shoots
Event photography
Commercial and corporate shoots
Portrait sessions
Travel-based assignments

All services are subject to availability, prior booking, and acceptance of our standard service agreements and contracts.

4. Bookings, Payment, and Cancellations

4.1 Bookings

Bookings are confirmed upon acceptance of our quotation and receipt of the required deposit. The remaining balance is payable according to the payment schedule stipulated in the service agreement.

4.2 Payments

Payment methods accepted include Electronic Funds Transfer (EFT), credit/debit cards, or any other payment method we may specify.
All prices quoted are in South African Rand (ZAR) and inclusive of VAT unless otherwise stated.

4.3 Cancellations

Cancellations made more than 14 days prior to the scheduled shoot date may qualify for a full or partial refund of the deposit.
Cancellations made less than 14 days before the scheduled date may result in forfeiture of the deposit.
In cases of force majeure (including but not limited to natural disasters, government restrictions, or illness), both parties will negotiate a fair resolution, which may include rescheduling or partial refunds.

5. Travel Policy

As a location-based business, travel to client locations is a standard part of our service.

Travel costs may be charged separately depending on the distance and location of the shoot.
Accommodation and additional expenses for long-distance or overnight travel assignments will be discussed and agreed upon prior to booking confirmation.

6. Intellectual Property & Copyright

All photographs, videos, and related materials produced by us remain the intellectual property of [Your Photography Business Name] unless otherwise agreed in writing.
Clients are granted a non-exclusive, non-transferable license for personal or agreed commercial use of the delivered materials.
Reproduction, distribution, or modification of our work without prior written permission is strictly prohibited.
We reserve the right to use any images or videos for our portfolio, website, social media, marketing, and promotional purposes unless the client specifically requests otherwise in writing prior to the shoot.

7. Limitation of Liability

While we take great care in delivering high-quality services, we do not warrant that every photo or video will be free from technical errors or imperfections.
Our liability for any claim arising out of our services shall be limited to the amount paid for the services rendered.
We will not be held responsible for any indirect, incidental, or consequential damages resulting from our services or your use of the website.

8. Changes to Services and Pricing

We reserve the right to:

Modify or discontinue any part of the website or services at any time without prior notice.
Adjust pricing at our sole discretion, provided that confirmed bookings will be honored at the agreed rates.

9. Personal Information and Privacy

We comply with South Africa’s Protection of Personal Information Act (POPIA).

Personal information collected from clients is used solely for providing photography services, communication, and business operations.
We implement reasonable security measures to protect your personal data.
Full details of how we collect, store, and protect your data can be found in our Privacy Policy.

10. External Links and Third-Party Content

Our website may contain links to external websites or third-party content. We are not responsible for the content, privacy policies, or practices of any third parties.

11.Termination, Postponements, and Force Majeure

11.1. Termination by Client

The Client may terminate or postpone the services by providing written notice to the Photographer. Cancellation and refund policies are outlined in the Booking and Payment section.

11.2. Termination by Photographer

We reserve the right to terminate or postpone the services under the following circumstances:

Photographer illness or injury
Family or personal emergency
Natural disasters (e.g., floods, earthquakes, storms)
Fire, power outages, or equipment failure
Dangerous or unsafe working conditions at the shoot location
Legal restrictions, government orders, or pandemic-related travel bans
Situations presenting significant safety risks to the Photographer, Client, or any participants
Acts of terrorism, civil unrest, or violence

In such cases, we will make all reasonable efforts to:

Reschedule the session at a mutually convenient date.
If rescheduling is not possible, refund all monies paid, less any non-recoverable costs already incurred (such as travel or accommodation expenses).

11.3. Safety and Conduct

The Photographer reserves the right to refuse to conduct or continue a shoot if:

There are unsafe environmental conditions;
Participants behave inappropriately, aggressively, or illegally;
The shoot poses a danger to the Photographer, Client, or any third parties.

In such situations, no refund shall be provided unless agreed otherwise.

11.4. Force Majeure

Neither party shall be liable for failure to perform their obligations if prevented by circumstances beyond their reasonable control, including but not limited to: natural disasters, government orders, pandemics, acts of war, terrorism, strikes, or public utility failures.

11.5. Limitation of Liability

In any event of cancellation or postponement by either party, the Photographer’s maximum liability shall be limited to the amount paid by the Client for the session.

12. Governing Law and Jurisdiction

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.