Engagement Terms and conditions shall be in accordance with SMGE Studios’ standard event photography and or Videography terms and conditions of reference below.
- The COMPANY as used here in refers to Sound Mind Generation (SMGE) studios and The CLIENT as used here in refers to the CUSTOMER to which SMGE studios is offering Photography and or Videography services. The EVENT(s) as used here in refers to the function/occasion for during which photography and or Videography service will be rendered.
- ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
- RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(s). If the EVENT(s) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s material charges incurred up to time of cancellation.
- EVENT SCHEDULE: The CLIENT agrees to confirm the schedule one-week prior to the EVENT(s). Notification of any changes in schedule or location by the CLIENT must be made in a timely manner and the CLIENT must obtain confirmation of receipt from the COMPANY.
- SAFETY: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(s) if the photographer(s) and or Videographer(s) from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(s); or in the event that the safety of the photographer(s) and or Videographers(s) from the COMPANY is in question.
- SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(s), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
- EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT and as Agreed upon prior to the date of the EVENT(s) by both parties
- TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT(s) location(s) and the COMPANY studio address. For all the EVENT(s), within Nairobi County, the travel charges are assumed by the COMPANY other wise, the CLIENT will be billed the cost of travel from the Company Studio Location to the EVENT(s) Location(s)
- RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENTor guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY by the CLIENT, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions, which may negatively impact or restrict the photo and or Video coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(s). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(s), unless the CLIENT informs the COMPANY about such expectations Prior to the start of the EVENT.
- VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
- PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services unless agreed otherwise, prior to the EVENT(s) start date.
- FILM and COPYRIGHTS: The photographs and or Videos produced by the COMPANY are protected by Local and international Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased an “Image DVD” from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. Where applicable, The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs.
- MODEL RELEASE: By Agreeing to these terms, The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images and or Videos thereafter, unless specifically and explicitly agreed otherwise in writing, prior to signing this contract.
- LIMIT OF LIABILITY: In the unlikely event that the assigned photographer(s) and or Videographer(s) from the COMPANY is/are unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(s).
- LIMIT OF LIABILITY 2: In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to data theft, camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(s). 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. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.
- CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
- POST PRODUCTION AND EDITING: The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
- PAYMENT SCHEDULE: The aforementioned 65% non-refundable retainer fee is due at the time of signing of this agreement. The remaining balance is payable in full upon Completion and submission of All the Agreed Upon Deliverables not later than 7 days after the submission is made to the CLIENT; failure to which the Client will be Liable to additional daily late payment inconvenience charge of 5% of total amount due. This will be billed to the client in addition to the total amount payable by the Client, for every day that passes after the payment deadline. In the event the CLIENT fails to remit retainer fee payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(s). Returned checks will be assessed a 5% non-sufficient funds fee.
- PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
- The CLIENT understands the terms described in this Agreement He/she is over 18 years of age and has the authority to sign this contract and grant the COMPANY the rights given under this contract agreement.