terms and condition of booking jepson myles studio

1. Booking and Payment

Your booking is only confirmed once a 50% booking fee (unless otherwise agreed) is paid via immediate bank transfer and the proof of payment is sent to us on WhatsApp. The remaining balance is payable upon arrival at the studio.

• Provisional dates are not secured until the booking fee is received. If another client confirms before you, the date will be allocated to them.
• Last-minute bookings (within 7 days) require full upfront payment.

2. Cancellations and Rescheduling

• The booking fee is non refundable and it will be charged as the cancellation fee, in accordance with Section 17(3) of the Consumer Protection Act.
• In the case of a reschedule request, the booking fee is non-transferable to a new date unless otherwise agreed. Please see the rescheduling fees below.
• We understand that unforeseen circumstances may arise. If you need to cancel due to serious illness, hospitalization, or a death in the immediate family, no cancellation fee will be charged, in line with Section 17(5) of the Consumer Protection Act. However, instead of a refund, your session will be credited toward a future shoot of your choice within our line of work. We may request proof to support this.

Rescheduling fees:

• R1,000 for reschedules with more than 48 hours’ notice to a weekday(Mon-Friday)
• R2000 for reschedules with less than 48 hours’ notice to a weekday(Mon-Friday)
• Weekend reschedules require a new booking fee, regardless of notice period.

Clients arriving more than 30 minutes late may be rescheduled at the Studio’s discretion, and fees may apply.

3. Deliverables and Refunds

• Final images will only be delivered after full payment has been received.
• No refunds are given after the final images have been delivered.
• Refunds requested after the shoot (but before image delivery) will be assessed at full rates (makeup, wardrobe, studio time, editing).
• RAW files are not included unless agreed in writing and an additional fee is paid.

4. Copyright and Usage Rights

Jepson Myles Studio retains full copyright ownership of all images to be produced (RAW, retouched, and final photos), unless otherwise agreed in writing.

Copyright Act Section 3: “Copyright shall be conferred on every work which is eligible for copyright and which is made by a qualified person.”
Section 21(1)(c): By default, copyright belongs to the client commissioning the work, unless agreed otherwise.
Section 22: Copyright may only be transferred in writing and signed by the assignor.

• Clients are granted a personal-use license to print, share, and display their images for non-commercial purposes only.
• Any commercial use, resale, or publication of the images requires written permission and may incur additional fees.
• Posting or editing RAW or unedited images without prior written consent is prohibited.

5. Use of Images and personal information (Marketing & Portfolio)

• We may use your contact information to send you updates, exclusive offers, and promotions about our services, in accordance with Section 69 of the Protection of Personal Information Act (POPIA). You may opt out of these communications at any time.
• Jepson Myles Studio may use images from your session for itself or with third parties (including those of minors) for portfolio, website, and social media marketing purposes, unless you opt out in writing before your session.
• For subjects under 18 years, consent is required from a parent or legal guardian, as per the Children’s Act 38 of 2005, Section 18.
• No personal identifiers (such as names or contact info) will be shared with any images unless agreed upon.

POPIA Section 69: You have the right to object to direct marketing and can opt out at any time via email or the unsubscribe link.

✍️ Consent Statement:

You agree that we may send you:

• Booking reminders
• Special offers or seasonal campaigns
• Service updates and relevant studio news
• To use my photographs, including any in which I or my child(ren) appear, for the purpose of portfolio display, marketing, and promotional use across digital and print platforms.

This consent is given voluntarily in accordance with the Protection of Personal Information Act (4 of 2013). I understand I may withdraw this consent at any time in writing.

6. Use of Client Images by Third Parties

• The client may not give or sell images to third parties for commercial gain or marketing use without prior written consent from the Studio.
• Personal sharing (e.g. with friends or on your own social media) is welcome, but please credit Jepson Myles Studio when possible.
• Editing, applying filters, or altering the Studio’s work in a way that misrepresents it is not permitted.

7. Limitation of Liability

• Jepson Myles Studio shall not be held liable for any injury, loss, or damage to you, anyone you come with, or any of your property.
• By entering the premises and participating in any session, you and everyone accompanying you do so entirely at your own risk.

In accordance with the Consumer Protection Act, this clause does not exclude liability for gross negligence or intentional harm.

8. Governing Law and Entire Agreement

• This agreement is governed by the laws of the Republic of South Africa.
• These Terms and Conditions constitute the entire agreement between the Studio and the Client. No verbal agreements or representations are binding unless confirmed in writing.