Terms and Conditions for Photography, Videography and other Services

1. Definitions

• Client: Refers to the person or entity booking the services.
• Company/Photographer/Videographer: Refers to MediaManiak, including its employees, subcontractors, and representatives, who is authorised to enter into an agreement with the client.
• Services: Refers to the photography, videography, or related services provided by the Company, individuals or company service providers. The company provide the following services, but is not limited to: Videography, Photography, Studio, Green Screen Productions, Drone, 360 photo booth, websites and digital marketing services.

2. Booking and Payment

• A non-refundable deposit of 50% is required to secure a booking, reserve the date and book the crew.
• Full payment must be made by date or 1 day before the shoot unless otherwise agreed in writing.
• If payment is not received by the specified date, the Company reserves the right to cancel the booking and all payments will be forfeited and not being refunded.
• Prices are subject to change; however, confirmed bookings will maintain their agreed rate.

3. Cancellations and Rescheduling

• Cancellations made after 5 days of paying the deposit will result in a forfeiture of the deposit.
• Rescheduling must be communicated at least 60 days before the scheduled date. Availability is not guaranteed, and a rescheduling fee may apply. Rescheduling is subjected to crew availability.
• The Company reserves the right to cancel services in the event of unforeseen circumstances (illness, equipment failure, etc.). In this case, the Client will be entitled to a full refund or rescheduling.
• The company cannot control the weather. The flying of drones and usage of equipment is subject to weather conditions, network and telecommunication receptions, signal interference, radio frequency interference, hail, lightning, rain and other weather conditions. The client still has to pay as if all services are rendered or as been discussed and negotiated between client and company.
• The client has to ensure and pay for the all permissions and authority required to fly a drone in a designated area. The client has to provide all the required documentation for permission to fly in a designated areas, especially in a 25km radius from airports.

4. Responsibilities of the Client

• The Client is responsible for ensuring that all necessary permissions and permits are obtained before the shoot (if applicable).
• It is the Client’s responsibility to communicate their expectations and any specific requirements prior to the shoot, example provide a shot list and timeline.
• If the Client delays the scheduled start time, the Company may not be able to accommodate additional time or requests. If the company is able to accommodate the additional time, it will be at an extra cost of R1500 per hour or as determined from time to time based on the number of crew and other factors.

5. Delivery of Materials

• The delivery timeline for photos and videos will be determined from time to time, based on various factors.
• All images will be watermarked for selection. The client select their own images from the watermarked images. The selected images will be edited.
• Final edited images with no watermark and videos will be delivered via Google Drive link.
• Images supplied is in Raw file format, for professional editing purposes and company will not provide RAW files unless explicitly agreed upon in writing and may incur additional fees.
• Client cannot use RAW files with company watermark for posting on any platform.
• The watermark will be removed during the editing process.

6. Usage and Licensing

• The Client will receive a limited license to use the final photos and videos for personal use, including social media.
• When clients want to use pictures for commercial or advertising purposes, stock library or other purposes, a licensing agreement will apply.
• The Company retains copyright of all photos and videos, and reserves the right to use them for promotional purposes (e.g., website, portfolio, social media) unless otherwise agreed in writing.

7. Image and Video Alterations

• The Company will provide professionally edited images and videos. Any additional retouching or special editing requests beyond the agreed-upon package will incur additional charges.
• The Client may not alter or edit the images or videos in a way which may bring the company into disrepute. Client needs written consent from the Company for editing which may alter the image.

8. Liability

• The Company will not be held responsible for any injuries, damages, or losses occurring during the shoot or as a result of the services provided.
• In the event that the Company is unable to provide the services due to an emergency, illness, or any unforeseen circumstances, liability is limited to a full or partial refund of any amounts paid by the Client.

9. Force Majeure

• The Company will not be held liable for any delay or failure to perform its obligations under these Terms due to events beyond its control, such as natural disasters, war, strikes, or pandemics.

10. Dispute Resolution

• Any disputes arising under these Terms and Conditions will be resolved amicably through negotiation. If no resolution is achieved, both parties agree to resolve the matter through mediation or arbitration.

11. Agreement

• By making a booking with the Company, the Client agrees to the terms and conditions stated herein, as well as all other written agreements which might from part of the total agreement between the company and client.
• The client has to pay a deposit for a booking. The client agrees to the agreement and all T&C’s are binding once the deposit has been paid by the client, being cleared and received by Company.