Standard Terms & Conditions
The “Client” (or “you/r”) herein refers to the person or organisation, its representatives, successors, assignees, agents and affiliates, and subjects requesting the provision of photography, videography, production, and/or other services and supply.
The “Artist” (or “us/our/we”) refers to Zoey Black (Pty) Ltd and all its photographers, videographers, directors, crew, shareholders, representatives, associates, assistants, affiliates and/or assignees.
Any payment made to the Artist (deposit and/or final balance settlement) indicates that the Client has read and understood all the terms and conditions as set out in this document, in its entirety. The Client’s payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly, and in writing, prior to accepting our service. No variation of the terms and conditions of this contract shall be recognised unless explicitly agreed to in writing. The commencement of the work carried out by Artist signifies the acceptance of the Quotation or Invoice in its entirety, and the adoption of this agreement and all its terms and conditions by all parties.
This agreement shall be governed by the laws of the Republic of South Africa.
1. Rates, Fees & Packages
The Artist’s rates, fees and packages are valid for a limited time only and are subject to review from time to time, as they see fit. If you have received a Quotation from the Artist in the past or viewed our packages on online, you are by no means guaranteed of said rate or fee, unless it has been expressly confirmed by the Artist. Quotations are valid for 10 days only.
2. Booking Reservation
A deposit is required to reserve your shoot session date(s) and agreed package with the Artist, as per the Invoice/Quotation.
3. Payment Structure
Our thinking and creativity is our most valued asset and your fee is packaged on a value-based pricing model.
A 50% deposit is required and is payable upon acceptance of the Quotation and is not refundable. The Artist shall not begin work until financially engaged and the deposit has reflected in the business bank account, as supplied on your invoice.
35% of the accepted quotation will become due at the conclusion of the principal photography, shooting or filming period. This portion is to be paid before any post production work will commence.
The remaining balance is payable at the conclusion of the Artist’s work. This includes any additional fees that have been incurred.
No final images, videos or products will be provided or released until the Artist has received full payment.
Payments may be structured on an individual basis, upon written agreement between the Client and the Artist.
4. Additional Fees
The Client is responsible for any additional travel fees should we be required to travel more than 15km from our operating address in Cape Town, Western Cape.
Where additional expenses are incurred by the Artist due to changes in the original brief by the Client or by circumstances beyond the the Artist’s control, the Client agrees to pay such reasonable expenses and/or fees at the Artist’s normal rates.
Any additional fees due to the Client’s choice of location (e.g. entrance fees, venue fees, etc.) will be for the Client’s account. The Client is responsible to confirm whether any such fees are applicable and for making any necessary arrangements in advance to use the relevant venue as location. Any prints, photo books and/or other products are additional, not included in your session fee and to be quoted on separately.
5. Non-payment or Breach of Contract
In the event of non-payment or other breach of this agreement by the Client, the Client shall pay all the Artist’s costs and expenses incurred in enforcement of the terms of this agreement, including the Artist’s legal fees and the License to Use contemplated in this agreement shall not exist and be of no force or effect.
6. Cancellation/Rescheduling of Shoot Session
Any deposits paid are non-refundable, should you decide to cancel the project/session/job.
If you wish to reschedule the session, such notice must be provided, in writing, at least 7 days prior to the booking date.
Should you fall ill or have a family emergency, death in the family or any other life altering situation, you may reschedule your session with reasonable notice and as soon as possible (preferably at least 24 hours in advance, if possible).
If you have booked a project/session/job which takes place in an outdoors/weather dependant location, the Artist will contact and advise to reschedule due to unsuitable weather Your project/session/job will be moved to the next suitable/available date at no additional cost.
7. Location, Duration and Punctuality
The project/session/job duration will be according to the Invoice/Quotation and brief agreed to. This will include the agreed to shoot locations (additional travel costs may apply).
Please be on time for your project/session/job and let the Artist know if you are running late. Important to note that production will still start at the scheduled time and not at the time of arrival, which will result in less time for your project/session/job. Bear in mind that the Artist may have other responsibilities after your session and therefore may have to cancel, if you are unreasonably late. In which case the Client will forfeit the full project/session/job fee and will have to reschedule the session at an additional cost, when the Artist have a suitable opening available.
8. Copyright
The Artist is hereby recognised and constituted as the Author of any and all created and commissioned works (images, videos, audio and products) produced and shall be the owner of the copyright therein in South Africa and throughout the world and universe and acknowledged as such.
The Client is hereby granted a Non-Commercial Licence for Use in South Africa (which may not be transferred or assigned without the express written consent of the Artist) – for personal use only – conditional upon receipt of full payment by the Artist, within the payment period agreed. No other right besides those specifically included in the licence are granted in respect of the work(s). All rights not expressly granted to the Client, and remain the exclusive property of the Artist.
No works produced by the Artist may be edited or reproduced in any manner without explicit written consent. The Client may not redistribute any photographs, videos, audio or products for profit, commercial endeavours, professional display, photographic or film competitions or any use other than your own private use. All photographs, videos, audio, products and materials, including but not limited to negatives and digital files, remain the exclusive property of the Artist.
Raw, unedited or project files will not be provided to the Client under any circumstances, and shall remain the owner of the copyright exclusive property of the Artist.
Should the Client wish to be granted a Licence for Commercial Use, the Client and Artist shall agree to a specific “royalty split” in advance, in writing, including, but not limited to, usage periods and fees for television broadcast, cinema release, public screenings, public performance, display, advertising, social media promotion(s), and online content and platforms from which the Client may derive a profit, benefit, or commercial gain.
The Artist reserves the right to use, reproduce, and repackage any and all works for their own (or another’s) archival, promotional, marketing, editorial and/or commercial purposes.
9. Editorial Use
Zoey Black (the Artist) is hereby recognised and constituted as the Author of any and all works (images, videos, audio and products) produced and supplied and shall be the owner of the copyright therein in South Africa and throughout the world and universe and acknowledged as such.
Any editorial use of works and products shall be at an agreed editorial fee, or full commercial fee, as determined by the Artist.
All works supplied to any person or organisation, its representatives, successors, assignees, agents and affiliates, and subjects agree to give credit to the Artist for all images, video, audio and products produced and provided to them by the Artist, by providing a credit line (byline) in the form of the Artist’s trade name in type no smaller than the nearest text and immediately adjacent to the image, video, audio and/or product used.
For social media platforms, Zoey Black is to be appropriately tagged (including the caption) in any published post, materials, images, videos, audio and products, where the Artist is recognisable.
No Archive: The images, video, audio and products may not be stored or archived after insertion or publication and must be deleted.No Archive: The image(s) may not be stored or archived after insertion and must be deleted.
10. Talent Release and Consent
Without expectation of compensation or other remuneration, now or in the future, the Client hereby give their consent to the Artist and all its photographers, videographers, directors, crew, shareholders, representatives, associates, assistants, affiliates, assignees and/or agents, to use their (including pets and/or property) image and likeness and/or any interview statements from them in the Artist’s publications, advertising or other media activities (including the Internet). This consent includes, but is not limited to:
Permission to interview, film, photograph, tape, record, or otherwise make a video reproduction of them and/or record their voice;
Permission to use their name; and
Permission to use quotes from the interview(s) (or excerpts of such quotes), the film(s), photograph(s), tape(s) or reproduction(s) of themselves, and/or recording of their voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings.
The Artist retains the right to use the photographs, video, audio and products or images in any manner, at any time and in any part of the world for self-promotional purposes – including but not limited to advertising, publication, publicity, display, web and online content or anything else promoting the Artist’s business.
The Client hereby releases the Artist and their legal representatives and assigns from all claims and liability in relation to said photographs, video, audio and products or images.
This consent is given voluntarily, in perpetuity, and does not require prior approval by the Artist.
The Client and its assignees and subjects acknowledges that the Artist is hereby recognised and constituted as the Author of the works and/or content (images, videos, audio and products) produced and shall be the owner of the copyright therein in South Africa and throughout the world and universe and acknowledged as such.
11. Liability
In the unlikely event that the Artist is injured, becomes too ill or is medically unable to attend the agreed session, the Artist will make every effort to schedule a make-up session at the next available date at no additional cost, or return the Client’s deposit should they be unable to do so. If the Artist cannot fulfil their contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, the Artist will return the Client’s deposit/fees paid, but shall have no further liability with respect to this contract.
The Artist takes the utmost care to prevent this, but in the unlikely event that images, video, audio or products have been lost, stolen, damaged or destroyed for reasons within or beyond the Artist’s control, liability is limited to the return of all payments received for the session or to schedule a make-up session at no additional cost to the client.
Although the Artist will do their best to avoid any accidents and/or incidents from happening, the client releases the Artist and all their employees, affiliates and agents, from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.
The Client agrees to indemnify and save harmless the Artist against all liabilities, claims and legal costs arising out of the Client’s use of the photographs, video, audio and products.
The Artist is by no means responsible for the quality of services (printing and other) provided by their business partners/other 3rd parties.
12. Images, Video, Audio & Products
The Artist reserves the right to artistically interpret, photograph, film, record, tape, interview and represent the Client and any scene, (for example, resulting in some images/video being colour and some black and white). Should the images, video, audio and/or products be rejected for any reason whatsoever after the shoot, the Client will still be liable for the payment of the Invoice based on the final Invoice/Quotation in full. No License for Use will be granted in respect of rejected images, video, audio & products notwithstanding payment as aforementioned.
Quantity of images, video, audio and products depend on the Clients specific quotation and final images, video, audio and/or products are carefully selected by the Artist. The Artist will do their best to ensure that the Client has a reasonable final product, but there is no guarantee of the quantity of said product provided, due to many factors and variables contributing to the shoot session, including, but not limited to the weather, equipment functionality, the cooperation of the Client – for which the Artist will not be held liable.
No images, video, audio and products will be “re-done” on account of models/subjects not cooperating. All images, video, audio and/or products provided are final and subject to the Artist’s discretion and creativity. If any additional shoot sessions or editing is requested after final products have been supplied, it will be subject to additional charges.
Post production for images, video, and audio products will include 2 (two) rounds of complementary revision, after which the content will be considered final, unless by prior agreement. “Revision” is defined as list of clear, easy to understand comments which are assigned to a particular timecode (for video and audio), or to a particular aspect of an image (for stills). “Revision” does not include change of concept, change of music, change of soundtrack, change of script, re-edits, or recording of additional footage, images, or audio. Additional revisions will be billed per revision at the Artist’s sole discretion.
The Client will receive their commissioned images, video, audio and/or products within the timeframe agreed by both parties, via online file transfer.
The Artist will keep all images, video, audio and/or products on archive for a reasonable amount of time (at least 1 year from the date of completion), after which it may be permanently discarded. It is the client’s responsibility to backup any digital files received.
13. Rental Gear
All rental gear is automatically covered within the boarders of the Republic of South Africa by insurance and is included in the price of the rental. In the case of damage found upon return of the equipment owing to negligence the Client is liable for the full replacement cost of the damaged item. Our insurance does not cover, for example, but not limited to, theft from a vehicle cabin or boot, electronic or mechanical malfunction, or simply being “lost”, as the latter is regarded as negligence. In the case of accidental damage, hijacking or theft, the Client is liable for a minimum insurance excess of R5000.00. Thereafter a 20% excess of the replacement or repair value is applied. In the case of damaged equipment with a replacement value of less than R5000,00, the Client is obligated to pay the full replacement cost. All insurance related costs must be paid within 7 days of the item being damaged or stolen. The period of hire extends until the item or items have been replaced or repaired. An additional administrative fee will charged by the Artist.
The Artist cannot be held liable for any damage, delays or harm resulting from the malfunctioning of equipment or loss of data. The Client will still be liable for the full rental.
The gear is to be returned in the same condition as when collected or received from the Artist. A cleaning fee will be charged on equipment deemed excessively dirty by our technicians, which will be for the Client’s full account. An additional administrative fee will charged by the Artist.
An excessive wear and tear levy will be added to items such as, but not limited to, UV filters and lenses where we have found minor scratches that do not affect the image but affect resale value and condition of the lens or item.
Complete payment needs to be done before collection. All EFT payments need to reflect in the business bank account before gear will be released. No refunds will be done for early return unless otherwise arranged and payment for all extensions will be due upon return of the equipment. Should there be any other additional payments outstanding in the event of loss or damage the payment will be required upon return of the gear.
Rental gear is charged as a daily rate based on the costing on the quotation provided. Collections can be done by appointment the day before the start date of the rental period and returns are before 10:00 the day after the end date of the rental period. Further charges will be billed to the Client for late returns.
The Artist reserves the right to charge a 50% cancellation fee for gear that is cancelled less than 24 hours before the gear collection day.
It is specifically recorded that these Terms and Conditions are explicit and apply to all gear rental by a Client from the Artist. The Client acknowledges by accepting and utilising the equipment that they accept full responsibility as per these Terms and Conditions and constitute part of the agreement between the Client and the Artist made even if no physical signature is attached to the agreement, quotation, or invoice.