VIDEO TERMS & CONDITIONS
Copyright (Tando Guzana material)
The Copyright of all material that has been captured by Tando Guzana is solely owned by Tando Guzana and protected under South African Law.
Upon completion and cleared funds, we will, in some instances and upon prior agreement, transfer the Copyright Ownership to the Client This will be clearly specified in your written quotation.
In both circumstances, Tando Guzana reserves the right to use the footage / material; / media, either in sections or in its entirety, for promotional purposes
Copyright (material provided by client)
In the event of the Client providing material (video, audio, photographs, logos etc.) for inclusion into a Tando Guzana production, copyright must firstly be obtained from the original copyright owner / material provider. In order for Tando Guzana to use this material the copyright must be explicitly transferred to Tando Guzana or the material to be provided to Tando Guzana totally free of charge and the client will have to indemnify Tando Guzana against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
Tando Guzana will reserve the right to use the final production in full or part content for promotional purposes.
Performers Release usage
At all times Tando Guzana advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by Tando Guzana if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
Our payment terms are strictly 30 days from date of invoice. This Term overrides any Terms and Conditions stated in a Purchase Order and in the event of an order being placed, the Client accepts this Term. Tando Guzana reserve the right to add an accumulative percentage on late payments a 50% contingency fee must be paid before any work commences as to protect Tando Guzana from late cancelations.
Approval / amendments of draft footage (1 set of minor amendments)
On the majority of projects, a ‘draft ‘version of the production will be forwarded to the Client for their review. This draft may receive one set of minor revisions only. Which is included in the original agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional daily rate of R 5 000 + VAT per part day or part thereof.
Health and Safety
In all instances Tando Guzana will reserve the right to remove any of its personnel and / or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance the Client will be liable for any costs incurred as a result of this.
Tando Guzana will observe the Clients site safety rules at all times and will lease with the Health and Safety Manager if deemed necessary.
Insurance’s (people, equipment etc.)
Tando Guzana will not be held liable for damage to any human being or equipment. The client will be held responsible for insurance and medical coverage. Upgraded specific project insurance cover can be provided if required upon request.
In the event of inclement weather, Tando Guzana reserves the right to change the date of filming to a more suitable day Tando Guzana will not allow the safety of the equipment or personnel to be compromised.
Aborting filming (on shoot day) or re shooting due to clients lack of organization.
In the event of filming being delayed or aborted due to a lack of organization from the Client, Tando Guzana reserves the right to charge the relevant days filming costs. A re-visit to site to carry out further works may incur additional cost.
Changing filming dates.
In the event of the Client wishing to change the filming date we insist on a minimum of 4 weeks notice. Failure to comply will result in the Client becoming 100% liable for all costs incurred.
Equipment substitution / failure.
In the unlikely event that Tando Guzana experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. The equipment used on the day of filming will be at the discretion of the senior member of the film crew.
No further claims or liability will be accepted.
Works specified (as per estimate)
All works undertaken will be as per Tando Guzana written quotation provided in a pdf format by email. The Client is obligated to ensure that this is thoroughly read and understood prior to booking. Any amendments or additional days filming will be charged at our daily rates.
Clear access for filming
If filming venues are being organized by the Client, it is the Clients responsibility to ensure that Tando Guzana has clear access to all relevant locations required throughout the day Delays in filming may incur additional charges.
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
This agreement shall be governed by the laws of South Africa.
These Terms and Conditions shall not be varied except by agreement in writing.
All Terms and Conditions stated within this document are deemed acceptable to the Client upon receipt of a written order.
All Terms and Conditions stated within this document override any Terms and Conditions from the Client.