Please familiarise yourself with our terms and conditions before paying the booking fee. Upon payment of the booking fee, as per our invoices and estimates, it will be assumed that you have read and agree to our terms and conditions.
Effective Date: [01/02/2015]
1. Introduction & Acceptance
These Terms and Conditions (“Terms”) govern your use of the website and services provided by Indigo Studio (“the Studio,” “we,” “us,” or “our”), a commercial photography and film production studio. By booking a service, paying a booking fee, or using our services, you (“the Client,” “you”) agree to be bound by these Terms in full. These Terms constitute a legally binding contract.
2. Definitions
- Service/Project: The agreed-upon photography and/or videography service (e.g., commercial photo shoot, promotional video, corporate film).
- Booking Fee/Deposit: The non-refundable fee required to secure your project date, set at 50% of the total project fee, or as agreed upon in writing.
- Final Balance: The remaining 50% of the total project fee, due as specified herein.
- Deliverables/Assets: All visual and audio content created by the Studio, including but not limited to digital photograph files, video files, raw footage, edited masters, proofs, and any associated metadata.
- Gallery/Portal: The online platform where proofs, final images, and video assets are delivered for review and download.
3. Booking & Payments
- Booking: A project is considered booked only upon our written confirmation (email) and receipt of the signed agreement and the 50% Booking Fee.
- Booking Fee: A non-refundable booking fee of 50% of the total project fee is required to secure your date, crew, and equipment. This fee covers pre-production, administrative costs, and is applied toward your final balance.
- Final Balance: The remaining 50% balance is due upon delivery of the final assets unless otherwise stipulated in a separate project quote or invoice.
- Payment Methods: We accept EFT/Bank Transfer.
- Late Payments: Payments not received by the due date may result in a suspension of work, withholding of deliverables, and/or the accrual of interest on the overdue amount at the maximum rate permissible under South African law.
4. Rescheduling, Cancellation & Force Majeure
- By Client: Rescheduling requests must be made in writing at least 7 days before the scheduled shoot date. The 50% Booking Fee will be transferred to one rescheduled date within 6 months of the original date, subject to our availability. Cancellations by the Client result in the forfeiture of the entire Booking Fee.
- By Studio: In the unlikely event we must reschedule due to illness, emergency, or unforeseen circumstances, we will provide immediate notice and offer a rescheduled date or a full refund of all monies paid, at the Client’s discretion.
- Force Majeure: Neither party shall be liable for failure to perform due to circumstances beyond reasonable control (e.g., extreme weather, natural disaster, civil unrest, acts of government, pandemic).
5. Project Execution
- Location & Permits: The Client is responsible for securing all necessary permits, permissions, and location fees for the shoot. The Studio must be provided with proof of such permissions prior to the shoot date.
- Timeliness & Schedule: The project schedule, including shoot days and delivery milestones, will be agreed upon in advance. Client-caused delays on the day (e.g., late arrival of key personnel, unapproved changes) may impact the final deliverables and could incur additional costs.
- Creative Control & Approval: Artistic, creative, and technical choices (including but not limited to shooting style, editing, color grading, and final asset selection) are at the sole discretion of Indigo Studio, guided by the project brief. The Client will have opportunities for review and feedback at agreed-upon stages.
6. Delivery, Post-Production & Archival
- Delivery Time: Final edited deliverables will be provided within an agreed-upon timeframe on a case-by-case basis, as stipulated in the project quote. Standard delivery times are estimates and subject to project complexity and studio workload.
- Editing & Revisions: Our fee includes our standard post-production process. A defined number of revision rounds will be included as per the project quote. Additional revisions or significant changes to the agreed creative direction will be billed at an hourly rate.
- Gallery Access: Final assets will be delivered via a secure online gallery. Access to download high-resolution files is granted for 30 days from the delivery date. It is the Client’s sole responsibility to download and securely back up all assets within this period.
- Archival: Indigo Studio will retain a backup of the final project assets for a period of 6 (six) months from the delivery date. After this period, we are under no obligation to retain the files. Should the Client require re-upload or access to assets after the 30-day gallery expiry or the 6-month archival period, a reinstatement and admin fee will apply.
7. Copyright, Licensing & Usage
- Copyright Ownership: Indigo Studio retains the entire copyright to all images, video footage, and audio created at all times. At no point will the image copyright be transferred to the client unless such an agreement has been made in writing and with the proper negotiation of transfer fees.
- Grant of License: Upon full and final payment, Indigo Studio grants the Client a non-exclusive, perpetual, worldwide, and unlimited commercial license to use the final delivered assets for the Client’s own business promotion, advertising, and commercial purposes. This license is included in our project fee.
- License Restrictions & Third Parties: The granted license is to the Client only. The Client may not:
- Sell, transfer, or sub-license the assets to any third party (e.g., a parent company, subsidiary, joint venture partner, or stock media platform) without a separate written agreement and fee from Indigo Studio.
- Edit, alter, or create derivative works from the assets in a way that distorts the original artistic intent or technical quality, or that could damage the reputation of Indigo Studio.
- Use the assets in a defamatory, illegal, or pornographic context.
- Studio’s Right to Promote: Indigo Studio retains the right to use any images, video stills, or excerpts from the project for its own promotional purposes (portfolio, website, social media, marketing materials), unless a separate Confidentiality & Non-Disclosure Agreement is signed prior to the project commencement.
8. Liability, Indemnity & Warranties
- Limitation of Liability: Our total liability to the Client for any and all claims arising from this agreement shall not exceed the total project fee paid to Indigo Studio.
- Client Indemnity: The Client agrees to indemnify and hold harmless Indigo Studio, its employees, and contractors from any claims, damages, losses, or liabilities arising from:
- a) the Client’s use of the assets;
- b) the Client’s failure to obtain necessary permits or releases for locations, persons, or property featured; or
- c) the Client’s breach of these Terms.
- Warranties: The Studio warrants that the services will be performed with reasonable skill and care. We do not guarantee that the assets will be error-free or fit for any particular purpose beyond the agreed project brief.
9. Client Responsibilities
The Client warrants that they have the full authority to enter into this agreement and that all information, materials, and brand assets provided for the project are accurate, lawful, and do not infringe upon any third-party rights.
10. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. The parties agree to attempt to resolve any dispute amicably through good-faith negotiation before pursuing legal action.
11. Entire Agreement & Amendments
This document constitutes the entire agreement between the parties regarding the project. Any amendments must be made in writing and signed by both parties. Indigo Studio reserves the right to update these general Terms on its website, but the Terms agreed upon at the time of booking will govern the specific project.
12. Contact Information
For any questions regarding these Terms, please contact:
Indigo Studio
+27 (0) 81 077 8694 or +27 (0) 78 492 5511
enquire@indigostudio.co.za
www.indigostudio.co.za
Cape Town, South Africa