Arctex Photography and Media - Terms and Conditions:
DEFINITIONS:
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The COMPANY: Philippus Carel Prinsloo t/a Arctex Media and Photography and associates.
The CLIENT: The group or person(s) utilizing/hiring the services of the COMPANY.
The SERVICES: Services and media provided by the COMPANY.
INTRODUCTION:
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By using the COMPANY SERVICES, the CLIENT agrees to the below terms and conditions.
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SERVICES SCHEDULE:
The CLIENT agrees to confirm the scheduled SERVICES to be rendered 4 (Four) hours prior to the appointment. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT. Should the CLIENT fail to cancel/reschedule an appointment less than 2 (Two) hours before the scheduled time, a cancellation fee of 50% may apply.
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SAFETY:
The COMPANY reserves to right to terminate coverage and leave the location of the SERVICES if the contractor from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the location; or in the event that the safety of the contractor from the COMPANY is in question.
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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.
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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.
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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.
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PERMITS:
The CLIENT is responsible for acquiring all necessary permission for all locations on which the COMPANY will be performing SERVICES. Any costs incurred by the COMPANY, including but not limited to fines, parking and entrance fees, will be added to the CLIENT's invoice and reclaimed by the COMPANY.
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FILM and COPYRIGHTS:
By using the COMPANY for any SERVICES, the CLIENT agrees to waive any copyright or ownership of said media created by the COMPANY. The photographs and other media 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, which shall not be unreasonably withheld. It is specifically recorded that the CLIENT shall be entitled to utilize the photographs and other media produced by the COMPANY on the various advertising platforms which the CLIENT utilizes for their advertising , promotion and marketing for its brand until specified otherwise in writing by the COMPANY. In the event that the COMPANY reasonably withdraws consent from the CLIENT to utilize any of the media created from the SERVICES, the CLIENT has 72 (seventy-two) hours to remove the material from all platforms, marketing websites or any other visible materials. Should the CLIENT fail to do so, the CLIENT understands that they may be liable to a fine/damages and legal action will be taken.
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.
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LIMIT OF LIABILITY:
In the unlikely event that the assigned contractor from the COMPANY is unable to perform to the guidelines of the SERVICES scheduled 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.
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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 the total number of originals. The COMPANY is not liable for the loss of material beyond the date of final delivery of the material.
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CAPTURE AND DELIVERY:
The COMPANY will ensure that all material will be available to the CLIENT no later than 2 (Two) business days 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 3 (Three) months where after all material may be erased. During this period, the material will be available to the CLIENT on request.
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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. The COMPANY agrees to hold both standards and quality that the CLIENT is used to and would not deviate from such standards as shown on the COMPANY website. The COMPANY reserves the right to deny any extra editing or post production if the quality of the materials are met. Any extra editing requested by the CLIENT will be charged at an extra fee agreed outside of these conditions and is subject to approval before commencing such tasks.
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PAYMENT SCHEDULE:
All fees are payable in full prior to the due date of the invoice provided. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately take legal action with no further obligation, retain any monies already paid, and not attend any SERVICES.
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BREACH:
Should either the COMPANY or the CLIENT (“the defaulting party”) breach any material term of these conditions 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 claim specific performance, without prejudice to any other rights which it may have in terms of these conditions or at law and in particular without prejudice to its rights to claim damages.
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ENTIRE AGREEMENT:
These terms and conditions contains the entire understanding between the COMPANY and the CLIENT. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of these terms and conditions is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.
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