Terms and Conditions of Service
Any person and/or institute that makes use of our services agree to the below Terms and Conditions.
Arctex Photography, hereinafter referred to as the COMPANY.
The person and/or institute, including third-party persons related to the institute, making use of our services, hereinafter referred to as the CLIENT.
SERVICES SCHEDULE: The CLIENT agrees to confirm the scheduled SERVICES to be rendered 12 (Twelve) hours prior to the appointment. Notification of any changes in schedule or location must be made at least 6 (six) hours before the scheduled appointment. Should the CLIENT cancel and/or change the appointment less than 6(six) hours before the scheduled time, the COMPANY may render a 50% fee of the invoice amount and retain any monies owed. Confirmation of receipt must be obtained from the COMPANY by the CLIENT.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the SERVICES if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the location; or in the event that the safety of the photographer from the COMPANY is in question.
SHOOTING TIME: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the rendering of the SERVICES, shooting will commence at the scheduled start time and end at the scheduled end time, which will be no later than 1 (one) hour after the time of arrival at the particular location.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obstructive occupants of the property, lateness of the CLIENT, weather conditions, schedule complications, incorrect addresses provided to the COMPANY or restrictions at the property. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.
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 the 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 necessary permission for all locations on which the COMPANY will be performing SERVICES.
FILM and COPYRIGHTS: The materials produced by the COMPANY are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs. No files may be redistributed and/or re-edited in any way. The COMPANY reserves the right to keep sole copyright of all RAW material and will not release the materials to any third-party nor to the CLIENT.
REPRODUCTION POLICY: The CLIENT must have written consent from the COMPANY to reproduce and/or distribute any of the material and may not hand out material to any other parties not included in this agreement.
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 and 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 use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the SERVICES. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the SERVICES. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of material beyond the date of final delivery of the material.
CAPTURE AND DELIVERY: The COMPANY will ensures that all material will be available to the CLIENT no later than 48 (Forty-Eight) hours from the commencement of the SERVICES. The COMPANY is not liable to deliver every image taken at the event personally to the CLIENT. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. All material will be kept by the COMPANY for a duration of 6 (Six) months where after all material will be erased. During this period, the material will be available to the CLIENT on request.
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.
PAYMENT SCHEDULE: All fees are payable as set out on the CLIENTS invoice. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately with no further obligation, retain any monies already paid, and not attend any SERVICES.
BREACH: Should either the COMPANY or the CLIENT (“the defaulting party”) breach any material term of this agreement and fail to remedy such breach within 7 (Seven) days after receipt of written notice from the other party (“the non-defaulting party”) calling upon it to do so, then and in such event the non-defaulting party shall be entitled either to cancel this agreement or to claim specific performance, without prejudice to any other rights which it may have in terms of this agreement or at law and in particular without prejudice to its rights to claim damages.
ADDITIONAL EXPENSES: Any unforeseen expenses incurred by the COMPANY for example, but not limited to, parking, tollgates exc. will be for the account of the CLIENT and will be added to the CLIENT's invoice.
MILAGE: The COMPANY reserves the right to charge a mileage fee of R 3,00 per kilometer should the distance exceed a 40 Kilometer to and from the location specified by the CLIENT. The distance is calculated from Deptford Crescent, Parklands North, Cape Town, Western Cape, 7441.