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Flightlevel42

Homepage of South African photographer, journalist and author Mark D Young

Summary of standard terms and conditions

This page contains and abridged version of my agreement of work. A full copy will be provided if you decide to use my services

  1. It is agreed that the professional services will be provided on a best-effort basis on the agreed date and at the agreed location in accordance with the standard terms of trade for such services as published from time to time but that the service fee schedule and description of and for the professional services will be the binding rate for the services outlined and accepted by the client at date of signature of the work agreement subject to the provisions of (4) hereunderand furthermore, it is understood that any and all delivery dates provided for delivery of images, discs or video footage are estimates only and that variations in final delivery dates may occur due to factors not under our control such as (but not being limited to) delays by suppliers or sub-contractors.
  2. The agreed service fee applies to the professional services fee and the client understands that any materials/travel/accommodation included in the overall quotation may be subject to unknown increases in the costs of supply by third parties whose services are vital and material to the provision of the services required. Flightlevel42 agrees to indemnify the client against such increases up to a maximum of 15% where such services and materials carry an imported goods component which could be subject to exchange rate and/or supplier/regulatory changes between the date of signature hereof and the provision of the services. This applies to items such as fuel, air transport, hotel accommodation, chemistry, photographic papers, photo albums and other stock-in-trade vital to the provision of the services requested. Any increases over and above the 15% contemplated will be for the client's account and will be added to the balance due and payable upon delivery of the materials produced as a consequence of this agreement.
  3. The client understands that, while every reasonable precaution is taken to protect data, including (but not being limited to) the provision of back-up equipment, secure backup and duplication of image files/ document drafts and/or materials used, unforeseen circumstances such as lightning strike, hijacking, fire, theft and/or other conditions may lead to the loss of all or some of the data carrying the intellectual property pertinent to the completion of the professional services agreed to. It is material to this agreement that the client understands that the only remedy offered in the case of partial and/or total loss of data and/or materials is to arrange a re-shoot with the bridal party at the same location after the event and that no other compensation for direct or consequential losses to the client can and will be entertained.
    4.
  4. Where a specific time period of service/attendance is included in the quotation, such time period shall run from the time of arrival at the first location specified by the client at the time agreed to and expire after the designated period in the quotation with any over-run of time being billed in increments of 15 minutes up to and including the time of final departure of from the agreed location(s) which will be confirmed by the time-stamp on the final image taken of the venue on the day.
    5.
  5. It is material to the agreement that, in order for any professional services as detailed in (2) to be booked and confirmed, a securing non-refundable booking administration fee of 50% of the agreed assignment fees quoted in annexure "A" be paid to and/or received upon signature hereof and that payment of the booking administrationt and/or any fees or portion thereof is deemed to be an acceptance of these terms and conditions and an agreement to be bound by same. If a booking administration fee has been paid then the balance of fees owed will be due no less than 48 hours before the point at which the services are to commence. No claim may be made by the client against the booking fee in any circumstances where the client cancels the function, appointment, booking or interview or where the client fails to pay the balance in due time and the only remedy available to the client for the return of any booking fee paid will be in circumstances where a Flightlevel42 staff member (or an appointed alternate service provider as decided upon by us in our sole discretion) is unable to provide the services contemplated for any reason due to unforeseen circumstances such as debilitating illness, injury and/or the actions of third parties which prevent us (or an appointed alternate service provider as decided upon by ourselves in our sole discretion) from arriving to undertake the professional services agreed to herein.
    6.
  6. It is understood by the client that any delay in signature of this agreement (whether by omission, lack of available funds or any other cause whatsoever), the period of which coincides with another request for professional services on the same day and/or time requested by the client from another party (which is secured by a signed agreement and payment of the booking fee), will result in such other party securing our services for the date/time and that no claim may be raised as to the priority of service provision for the party that has not yet signed this agreement and/or paid their booking fee.
    7.
  7. Should the professional services involve the provision of photographic/video capture services, journalism and/or training at a function, the client is to provide for us two seats at any such function within the main venue seating area.
    8.
  8. Should the professional services be required at a location further than 100 km from our offices, and the completion of the services will only occur after 9.00 p.m. in the evening, suitable overnight accommodation must be provided for our staff at a location convenient to the location where the services will be rendered so as to provide an access time of no more than 10 minutes to the venue where the services are to be provided.
    9.
  9. The client affirms and attests that he/she/they have inspected representative samples of previous professional services undertaken by Flightlevel42 in the same discipline as that contemplated in terms hereof and that they are satisfied that we are able to provide suitable services as required on a best-effort basis utilising our experience and skill but that, notwithstanding anything to the contrary, variations in the scope, quality and volume of work provided may occur due to factors not within our control such as (but not being limited to) poor weather, unsuitable lighting, atmospheric conditions, non-cooperation of third parties, legal restrictions which may be enforced on the day of service provision, power failures, strikes/lockouts, civil unrest, non-arrival of third parties not under our control, physical conditions afflicting people being photographed such as closed-eyes in photographs, acne, influenza, lack of sleep, rashes and/or wrinkled clothing, dirty vehicles used and visible in photographs, the condition of the location and/or decor as but some examples and that no claims may be made citing any such factors as a reason for non-payment of the full balance due when the work is delivered. Standard quality adjustments are made to all photographs but no cosmetic manipulation (such as skin tone adjustments, stylised rendering etc.) is included in standard assignments and such must be requested and negotiated at initiation of the assignment. Where no such requests have been made, images are prepared for photographic printing according to internationally accepted colour and exposure standards.All video edits for functions and weddings will be provided in the form of edited highlights packages only and, in the event of requests for re-editing, the client is permitted one such request whereafter further editing will be billed at our prevailing rates.
    10.
  10. It is understood that, in order to control the public face of the quality level of the work provided we will undertake the contracting of any printing and make-up of any photographic albums, edited final output DVDs of functions or events, brochures and/or web-sites which may be required as a consequence of his professional services being provided. Where a client may require images in a printable form, these will only be made available after the make-up/printing/publication of the images by ourselves and the client will not, at any stage, be placed in receipt of high-resolution image files until such work has been completed. 10 (a) VIDEO/DVD PRODUCTION: Where pre-recorded music of a copyrighted nature is played at any function or event being recorded on video, such music may form part of footage but the quality and length thereof may be variable. Under no circumstances will we over-dub any copyrighted music into the final DVD output during editing unless written clearance is provided for the intended use by the client from the artist and/or copyright holder- this is the law. Furthermore, and notwithstanding production of written release for the use of copyrighted material, the client will also need to furnish us with a written indemnity against any and all claims which may arise out of the use of any copyrighted materials the client has so requested us to make use of. In all cases where background music is placed in our DVD productions, it will be from works we have commissioned from independent musicians for which we hold the copyright.
    11.
  11. It is understood that the client is the owner of the copyright of any work commissioned but that the intellectual property rights of the work vest in Flightlevel42 whose authorship must, at all times of publication or public display, be acknowledged alongside any work produced by him. The client may not, therefore, publish, use or otherwise commercially appropriate the images/brochures/books/text/recordings and/or other intellectual property provided as a consequence of this agreement in any manner other than that which was agreed to herein and in annexure "A" attached hereto. Any additional commercial usage, publication or appropriation is to be discussed and agreed to between us and the client and any un-agreed to commercial usage of the intellectual property will render the client liable to additional usage charges as per our normal usage and publication fees ipublished at the time of such additional commercial usage.
    12.
  12. This agreement forms the entire agreement between the parties and no additional agreement can exist between the parties save that it be rendered in writing.
    13.
  13. It is understood that any dispute arising from the execution of this agreement will be settled by means of mediation only and that such mediator be appointed from the ranks of similar service providers within the Durban professional photographic and/or Journalism profession whose decision will be binding on both parties and that the costs of any such mediation being allocated equally between the parties hereto.

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