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 at least 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. The COMPANY ensures availability to the CLIENT on the following schedule not including public holidays:
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Weekdays from 09:00 in the morning up until 18:30 in the afternoon.
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Saturdays from 09:00 in the morning up until 13:00 in the afternoon.
Any SERVICES rendered outside of the above mentioned schedule will be considered overtime and an extra charge may apply with prior notice.
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 achieving the goals and expectations of both parties. Shooting commences at the scheduled start time and concludes at the scheduled end time. If the CLIENT is not present or ready to begin within 20 (Twenty) minutes of the scheduled start time, the COMPANY reserves the right to leave the premises and deem the shoot completed in full.
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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CLIENT RESPONSIBILITIES: The CLIENT is responsible for ensuring that the property is accessible and prepared for photography, including but not limited to cleaning, staging, and obtaining permission from property owners. The CLIENT must provide accurate addresses and secure necessary access in advance. Any delays or additional costs resulting from the CLIENT’s failure to meet these responsibilities may result in additional charges.
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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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FILM AND COPYRIGHT: The photographs and materials produced by the COMPANY are protected by Copyright Law (all rights reserved) and remain the sole property of the COMPANY. The CLIENT is granted an exclusive, non-transferable license to use the photographs solely for the purpose of marketing and promoting properties listed by the CLIENT, as well as for the CLIENT’s internal and external marketing and branding efforts. The CLIENT may utilize the images on various advertising platforms, websites, and social media channels strictly for these purposes. The CLIENT may not transfer, sell, sublicense, or distribute the images to any third party, including but not limited to other real estate agencies or agents, without the COMPANY’s explicit written permission, which shall not be unreasonably withheld. Any unauthorized use, reproduction, or distribution of the photographs outside the scope of this license may result in additional fees and legal action.
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MODEL RELEASE AND PROPERTY OWNER CONSENT: The COMPANY reserves the right to use and publish any photographs produced for marketing, advertising, portfolio, educational, or promotional purposes, without restriction. This includes, but is not limited to, use on the COMPANY's website, social media, and printed materials. The CLIENT is responsible for ensuring that permission has been obtained from property owners, tenants, or any other relevant third parties to allow the COMPANY to photograph their property. The CLIENT shall indemnify and hold the COMPANY harmless from any claims or legal actions arising from the failure to secure such permissions.
The CLIENT's written consent for the COMPANY to use the photographs will not be unreasonably withheld, and the COMPANY agrees to respect any reasonable request to exclude specific images from public marketing use.
LIMIT OF LIABILITY AND FORCE MAJEURE: In the unlikely event that the COMPANY is unable to perform the SERVICES as outlined, due to injury, illness, an act of God, an act of terrorism, pandemic, government restrictions, or any other cause beyond the COMPANY’s control, the COMPANY will make every reasonable effort to secure a replacement. If a suitable replacement is not found, the COMPANY’s liability is limited to a full refund of all payments received for the SERVICES that were not rendered.
In the event that digital files are lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY's liability is limited to the return of all payments received for the SERVICES. The limit of liability for partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
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Furthermore, the COMPANY's total liability for any claims, losses, or damages arising from this agreement, including but not limited to errors, omissions, or failure to perform the SERVICES, shall in no event exceed the total amount paid by the CLIENT to the COMPANY under this agreement.
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The COMPANY is not liable for any delays or cancellations due to events beyond its control, including but not limited to weather conditions, accidents, acts of terrorism, pandemics, or government restrictions. In such cases, the COMPANY will communicate with the CLIENT to reschedule the SERVICES, and no additional compensation will be due to either party beyond rescheduling or refunds as outlined above.
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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 RAW and edited materials will be kept by the COMPANY for a duration of 1 (One) month where after all material will 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. 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 this agreement and subject to approval before commencing such tasks.
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MILEAGE AND ADDITIONAL EXPENSES: The CLIENT agrees to reimburse the COMPANY for any additional expenses incurred during the provision of the SERVICES, such as parking fees, tolls, or any other unforeseen costs. These expenses will be itemized and included on the CLIENT’s invoice and will only apply if directly related to the SERVICES provided.
Mileage will be charged at a rate of R 4,76 per kilometer for any travel exceeding a reasonable distance and will be agreed upon before the SERVICE commences. The COMPANY ensures a minimum of 30km round trip and the mentioned fee may be applied in the event of longer travel distances.
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