Trultimate Productions Terms and Conditions

Definitions

In this agreement:

  • Trultimate Productions (Content Creator): Refers to Trultimate Productions, the provider of goods or services (photography, videography, etc.).
  • Client: Any person, organization, or company that contracts Trultimate Productions for services.
  • Media Content: Includes images, videos, sound, text, or artwork created by Trultimate Productions, delivered in various formats (videos, photographs, prints, etc.).

Copyright and Ownership of Materials

Trultimate Productions retains full copyright, title, and intellectual property rights to all media content worldwide.

Usage Rights and Licensing

The Client receives an Exclusive License for using the media content according to the details outlined in the project brief, estimate, or order confirmation. This license is conditional upon full payment received by Trultimate Productions within the agreed payment terms.

The Client cannot:

  • Transfer or assign this license without written permission from Trultimate Productions.
  • Modify or use only portions of the media content without permission from Trultimate Productions.

Copyright Ownership

The Client acknowledges Trultimate Productions as the author and copyright owner of the photographs, regardless of sections 21(1)(c) and 21(1)(e) of the South African Copyright Act No 98 of 1978 (as amended).

In simpler terms: Trultimate Productions creates the visual representations of your ideas and grants you permission to use them in specific ways. You don’t own the copyright, and you can’t alter or share the content without permission.

RAW Files and Extended Use

Trultimate Productions doesn’t provide raw images or videos. You can request them and purchase temporary usage rights for specific purposes.

Payment Terms

  • A non-refundable deposit of 50% is required to confirm a booking.
  • The booking date is only secured upon receipt of the deposit.
  • The remaining balance is due on the day of the photoshoot/videographer shoot.
  • Media content won’t be released until full payment is received.
  • Late payments will incur interest at a rate of 2.5% above the prime rate per month.

Additional Expenses

If the Client makes changes to the original brief or unforeseen circumstances arise that cause additional expenses for Trultimate Productions, the Client agrees to pay these reasonable expenses at Trultimate Productions’ standard rates.

Cancellation and Postponement by the Client

  • Deposits are non-refundable.
  • Cancellations for trips or full-week bookings require one week’s notice before the booking date to avoid a full charge.
  • Postponements after Trultimate Productions departs for the location incur a 100% fee.
  • Postponements before departure incur a 50% fee.
  • Cancellation and postponement fees apply regardless of the reason, including weather, acts of God, war, terrorism, civil unrest, or third-party faults.

Client Brief

The Client is responsible for providing a detailed written brief to the photographer. If specific details are missing, the Client agrees to accept the photographer’s interpretation.

Rejection

There is no right to reject the final images based on style or composition unless a rejection fee is agreed upon in advance.

Governing Law

This agreement is subject to the laws of the Republic of South Africa, with the exception of Clause 4 (Copyright Ownership).

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