Videographer Terms & Conditions

Camsol Videography Services

The supplier is Smartsol (Pty) Ltd t/a Camsol. The person(s) or corporate who has booked the service is referred to as The Client.

These are the agreed to Terms & Conditions in our contract to cover an event.

Camsol reserves the right to change the terms and conditions of this document from time to time without any given notice.

1 ENTIRE AGREEMENT
This agreement contains the entire understanding between Camsol and The Client. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.

2 RESERVATION
Upon your signature, Camsol 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% of the quoted amount is non-refundable, even if the date is changed or the function cancelled for any reason, including, but not limited to acts of God, fire, strike action, extreme weather conditions, traffic jams, unexpected vehicle damage and breakdown. The reservation deposit is to be paid at the time of signing this contract. The reservation deposit is applied towards the contracted videography or photography package, or whichever applies. The Client understands and agrees that the entire amount (including any overtime amounts and additional extra’s that have been taken) owed for the service package booked in the contract will need to be settled in full, before any processing work can be started on the video or photo service taken at the clients event, wedding or function. The Client understands that late payment will delay the delivery of the final product.

3 PRE-EVENT CONSULTATION
The parties agree to a pre-event consultation before the function date in order to finalise the actual shooting times and locations.

4 DELIVERY
After the function, Camsol will provide the client with an invoice for the balance amount (if not already paid) including additional hours (if taken at the event upon agreement and additional extra’s agreed to). The client will also be required to provide music necessary to complete the video production. Once this payment has been settled in full & music is received, Camsol will start to process your video or photo’s. Processing time is 8 – 10 weeks after your event and full payment is received. When full payment & music have been received you will be informed that processing work has commenced. When your product is ready, you will again be informed via one of your supplied contact methods. After the processing period, your product will be delivered to you via courier. We cannot send parcels to PO Boxes. Collections are welcome by arrangement.

5 CANCELLATION
In the event that The Client cancels the contracted service outlined in this contract before the function takes place, the deposit will be forfeited. An additional amount will be owing to Camsol by The Client upon cancelling according to the following table:
a) Prior to 30 days before the event: 50% of the full fee is owning.
b) Prior to 14 days before the event: 75% of the full fee is owing.
c) Prior to 48 hours before the event: 100% of the full fee is owing.

6 EVENT GUIDE
The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs and video are desired. Camsol will NOT be held accountable for not photographing and/or videoing desired people if there is no one to assist in identifying or gathering people for the photograph(s) and/or video.

7 COOPERATION
The parties agree to positive cooperation and communication for the best possible result within the definition of this agreement. Camsol is not responsible for key individuals failure to be present or to cooperate during photography and/or video sessions, neither for missed images and/or video due to details not revealed to Camsol. Camsol recommends that The Client designate an ‘event guide’ (see 3 Pre-Event Consultation above) to point out important individuals to the Photographer and/or Videographer, whom The Client wishes to include in informal or candid photographs and/or video.

8 GUEST COOPERATION
The Client is responsible for the conduct of the guests. The Client will direct all other service providers (florist, DJ, caterer, etc) to provide any needed information and cooperation to the photographer and/or videographer. Coordination with other service providers is necessary to complete all the photography and/or video sessions as scheduled. The Client should share the photography and/or video schedule with other service providers to make sure that there is no conflict in times. In addition, events during the function day should be planned to make the best use of time from all vendors.

Camsol will not tolerate verbally or physically abusive behaviour, nor will it share its time or complete with guest photographer and/or videographers for the attention of the subjects. Unchecked guest conduct that interferes with photography and/or video may seriously affect the quality of the photographs and/or video taken and increase the number of times photos and/or video 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 Camsol, it will result in the early or immediate departure of the photographer and/or videographer. The Client understands that in such an event no refunds will be granted.

9 MEALS
Set places at a table, food, water and juice will be provided for all staff of Camsol working at the function on the function day. Sufficient time will also be allowed for Camsol staff to eat their meal.

10 120 MINUTE WINDOW (In the case of wedding photographer and/or wedding videography)
The bride and/or groom agree to set aside at least 30 minutes before the commencement of the wedding and a 90 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 90 minutes following the ceremony includes group photographs. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 120 minute window from occurring, Camsol shall not be held liable for failure to take desired photographs and/or video.

11 SHOOTING TIME & ADDITIONS
The photography and/or videography 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 Camsol agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the function start late due to any reason whatsoever, Camsol will not be held liable for any photographs and/or video not taken.

12 HOUSE RULES
The photographer and/or videographer are limited by the guidelines of the official’s in charge of the function or the function site management. The Client agrees to accept the technical results of their imposition on the photographer and/or videographer. Negotiation with the officials for moderation of guidelines is The Clients responsibility; Camsol will only offer technical recommendations only.

13 PAYMENTS
The Client agrees that the deposit is required at the time of contract acceptance. A booking is only confirmed once a client sends back a fully completed contract (booking form) and a 50% deposit payment. The remaining balance is due on or before the function. (See 4 Delivery above)

14 METHOD OF RENUMERATION
Payment may only be made via EFT (Electronic Funds Transfer) or in cash. Banking account details are attached to your quote & invoice. Proof of payment must be sent to info@camsol.co.za
Cheques are not accepted. Cash deposits are accepted with an additional 3% of the deposit amount, to cater for cash deposit charges.

15 PENALTY FEES & CHARGES
There is a penalty fee of R200 for payments not made by agreed upon dates.

16 PROFESSIONAL IMAGE MANIPULATION (Photography Only)
Camsol will allow for limited professional image manipulation (if technically possible) on any 5 images of The Clients choice. This includes opening of individual’s eyes, red eye removal, de-aging, removal of people and/or objects, colour correction, special effects, portrait glamorisation, etc. It is understood that if a technicality prevents Camsol from performing requested image manipulation, or if a technicality prevents the final result not to meet The Clients requirements, The Client will reside with the face that Camsol as performed to its best ability with regards to the specific task and that Camsol has no further responsibility towards said image manipulation.

17. DIGITAL NEGATIVES, PRINTS & COPYRIGHTS
The photographs, video, digital negatives or prints produced by Camsol are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Camsol’s explicit written permission.
17.1 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 Camsol will be the author of the work(s) and the copyright subsisting therein.
17.2 Camsol supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to produce those images in a given context. No property or copyright in any images shall pass to The Client whether on its submission, or on Camsol grant of reproduction rights in respect thereof.
17.3 Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

Upon final payment by The Client, limited usage rights of the resulting images and video will be transferred to The Client under the following conditions:

The negatives and/or slides and/or high resolution images and/or video 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 Camsol prior to an event where The Client, The Client’s friends or relatives publish or sell the photographs for profit.

18 MODEL RELEASE
The Client hereby assigns and grants Camsol and its legal representatives the irrevocable and unrestricted right to use and publish photographs and/or video of The Client or in which The Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction’ and to copyright the same. The Client hereby releases Camsol and its legal representatives and assigns from all claims and liability relating to said photographs and/or video. It is agreed that Camsol may display and use the photographs and/or video taken for advertising, display, website and internet promotion, photographic contests, public display and such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Camsol.

19 EXCLUSIVITY / GUEST PHOTOGRAPHY / GUEST VIDEOGRAPHY
It is understood that Camsol will act as the sole and exclusive function photographer and/or videographer. Because of the fact that flashes from the guests cameras and other video lights may ruin images and video taken by Camsol, The Client acknowledges that they are responsible for notifying all of their guests that guest photography and videography is not permitted at any time while the professional photographer and videographer are in session, unless otherwise indicated by the photographer or videographer. Camsol suggests that a separate notice be placed in the invitations. The formal photography and/or videography time is for the exclusive use of Camsol to capture the formal images and/or video. Because of time constraints and the need for subjects to pay full attention to the professional photographer and/or videographer, guest photography and/or videography cannot be permitted.

No other guest/photographer/videographer using professional equipment will be allowed by Camsol at any time during the wedding or function. Camsol reserves the right to stop any photographic and/or video services paid for and leave the function should any other person take photographs and/or video with any professional equipment, with the full payment being forfeit.

In the case of a wedding:
Camsol will allow guests to take snapshots and amateur video during the processional and recessional, during candid events at the church, and at the altar during the time Camsol equipment is being packed up. In return for this consideration Camsol insists no other guests photography take place when or where Camsol is working.

20 COMPLETEION SCHEDULE
For Photography
Camsol will provide a disc with all edited images within 8 – 10 weeks of the function. The post editing (Digital Images), printing process (Photobooks and Prints) as per the package selected can only start once Camsol receives the order list for the required images. Digital processing, image manipulation can take anything from 8-10 weeks. Camsol van therefore only provide the final product in 8 – 10 weeks from the date upon which the print list was received.

For Videography
Video editing will commence once Camsol has received all the necessary additional material required for the video production, which includes but is not limited to, music and images. The Client is responsible for obtaining the photographs (in digital format) from the photographer of the function. Camsol cannot be held liable for late delivery should the additional material not be obtained timorously. Upon receiving the material delivery of the edited video will be 8 – 10 weeks.

For Photography & Video
Full payment is required before processing can start. After full payment is received and the above conditions are met, then processing will take 8 – 10 weeks.

21 RIGHT OF WITHDRAWAL
Camsol’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Camsol initiate the withdrawal, all fees will be returned, excluding deposit as well as full market value for all services/products already provided. In case of withdrawal, R950 an hour is charged for all photography and/or videography services already provided and R450 an hour is charged for all other services, consultations and all driving time, rounded up the nearest half hour.

22 LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer and/or videographer. Camsol will make every effort to secure a replacement photographer and/or videographer 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 return all of the received payment for the event package.

Camsol takes the utmost care with respect to exposure, transportation and processing of photographs and video; including using professional grade equipment and the professional grade backup equipment. However, in the unlikely event of The Clients photographs and/or video being lost, stolen or destroyed for reasons within or beyond Camsol’s 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.

23 NON-GUARANTEE
Although every possible care will be taken to produce photographs and/or video of all important and special events during the function, Camsol cannot place an unconditional guarantee on the above. Camsol will not be held responsible for any ruined photographs and/or video due to any other cause in or outside of Camsol control.

24 WAIVER
Due to the sensitive nature of camera equipment, Camsol reserves the right to stop shooting, and take necessary steps to protect the camera equipment in the case the weather turns for the worst, including, but not limited to rain, hail, snow or hush winds. Camsol will not be held responsible for any loss of photographs and/or video, or shooting time due to weather conditions. Final decision hereof resides with the photographer and/or videographer representing Camsol.

25 PERFORMANCE
The performance of this contract on behalf of Camsol shall be contingent upon act of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

26 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

27 AMENDMENTS
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and Camsol at the time of acceptance of this contract shall be recognised as amendments to this contract.

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