General Terms and Conditions of the contracts
1. RESERVATION: Upon your signature, Mbwa Mwitu Web and Business Development cc will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 50% is non-refundable, even if the date is changed or the event cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted event photography package. THE CLIENT understands and agrees that the entire amount owed for the event photography package described in the contract is due on the day before the event.
2. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the event date in order to finalize the actual expectations.
3. CANCELLATION: In the event that THE CLIENT cancels the contracted services for event photography outlined in this contract before the event takes place, the deposit will be forfeited. Mbwa Mwitu Web and Business Development cc agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.
4. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
5. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Mbwa Mwitu Web and Business Development cc is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Mbwa Mwitu Web and Business Development cc. Mbwa Mwitu Web and Business Development cc recommends that THE CLIENT designate an "event guide" (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
6. GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the event should be planned to make the best use of time from all vendors.
Mbwa Mwitu Web and Business Development cc will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer, additionally THE CLIENT may be liable for any cost associated with damaged or ruined equipment. THE CLIENT understands that in such an event, no refunds will be granted.
7. MEALS: Set places at a table, food, water and juice will be provided for all staff of Mbwa Mwitu Web and Business Development cc working during the event. Sufficient time will also be allowed for Mbwa Mwitu Web and Business Development cc staff to eat their meal.
8. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and Mbwa Mwitu Web and Business Development cc agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the event start late due to any reason whatsoever, Mbwa Mwitu Web and Business Development cc will not be held liable for any photographs not taken.
9. HOUSE RULES: The photographer is limited by the guidelines of the officials or the site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; Mbwa Mwitu Web and Business Development cc will offer technical recommendations only.
10. PAYMENTS: THE CLIENT agrees that a 50% non-refundable deposit is required at the time of contract acceptance and 100% of the remaining balance is due on the day before the event.
11. METHOD OF REMUNERATION: Payment may be made in cash or deposited into Mbwa Mwitu Web and Business Development cc bank account.
PROOF OF PAYMENT TO BE PROVIDED
NO CHEQUES ACCEPTED
12. PURCHASE OF DIGITAL NEGATIVES: If THE CLIENT desires a copy of the additional digital negatives (images not selected for the paid package) in high resolution, these images may be purchased at a specified cost and will be supplied on DVD.
13. PENALTY FEES & CHARGES: There is a R200.00 late payment fee for any payments that are not postmarked or delivered Mbwa Mwitu Web and Business Development cc by the required date.
14. PROFESSIONAL IMAGE MANIPULATION Mbwa Mwitu Web and Business Development cc will allow for limited professional image manipulation (if technically possible) on any 5 images of THE CLIENT’S choice. This includes opening of individual’s eyes, red eye removal, de-ageing, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, portrait glamorisation etc. It is understood that if a technicality prevents Mbwa Mwitu Web and Business Development cc from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that Mbwa Mwitu Web and Business Development cc has performed to its best ability with regard to the specific task and that Mbwa Mwitu Web and Business Development cc has no further responsibility towards said image manipulation.
15. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Mbwa Mwitu Web and Business Development cc are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Mbwa Mwitu Web and Business Development cc explicit written permission.
1. In accordance with section 21 (1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21 (1)(c) shall not apply to the work(s) to be made in terms hereof and the photographer will be the author of the work(s) and the copyright subsisting therein.
2. Mbwa Mwitu Web and Business Development cc supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to THE CLIENT whether on its submission, or on Mbwa Mwitu Web and Business Development cc grant of reproduction rights in respect thereof.
3. Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
Upon final payment by THE CLIENT, limited usage rights of the resulting images will be transferred to THE CLIENT under the following conditions:
· The negatives and/or slides and/or high resolution images may be used by THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
· THE CLIENT must obtain written permission from, and compensate Mbwa Mwitu Web and Business Development cc prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
20. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Mbwa Mwitu Web and Business Development cc will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Mbwa Mwitu Web and Business Development cc takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond Mbwa Mwitu Web and Business Development cc control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.
21. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the event, Mbwa Mwitu Web and Business Development cc cannot place an unconditional guarantee on the above. Mbwa Mwitu Web and Business Development cc will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Mbwa Mwitu Web and Business Development cc control.
22. WEATHER: Due to the sensitive nature of camera equipment, Mbwa Mwitu Web and Business Development cc reserves the right to stop shooting, and take necessary steps to protect the camera equipment in case the weather turns for the worst, like in the case of rain. Mbwa Mwitu Web and Business Development cc will not be held responsible for any loss of photographs, or shooting time due to weather conditions. Final decision hereof resides with the photographer representing Mbwa Mwitu Web and Business Development cc.
23. PERFORMANCE: The performance of this contract on behalf of Mbwa Mwitu Web and Business Development cc shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
24. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
25. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Mbwa Mwitu Web and Business Development cc at the time of acceptance of this contract shall be recognized as amendments to this contract.
