1. INTRODUCTION
Welcome to U Cape Town. These Terms & Conditions (T&Cs) govern your engagement with us, whether as a photographer, director of photography (DOP), creative, supplier, or any third party working with us on stills or video production projects. By working with U Cape Town, you agree to abide by these T&Cs, as well as our Code of Conduct and Privacy Policy.
If you do not agree to these terms, you should not engage in work with us.
2. DEFINITIONS
- “U Cape Town” refers to the company acting as the intermediary and representative for photographers, DOPs, creatives, and suppliers in the production industry in Cape Town.
- “You” refers to any individual or entity working with or contracted by U Cape Town.
- “Client” refers to any company, agency, or individual hiring services facilitated by U Cape Town.
- “Production” refers to any stills or video production project that you engage in through U Cape Town.
- “Material” refers to all images, videos, and creative assets produced during a U Cape Town project.
3. ENGAGEMENT TERMS
3.1 Contractual Relationship
- Your engagement with U Cape Town is on a project-by-project basis unless otherwise stated in a formal contract.
- We act as an intermediary, connecting creatives and suppliers with clients, but we are not responsible for direct payment or disputes between external parties unless explicitly stated.
3.2 Compliance With Policies
- You must comply with our Code of Conduct and Privacy Policy at all times.
- You must adhere to any additional policies required by clients while engaged on their projects.
3.3 Professional Conduct
- You are expected to behave professionally and uphold industry standards.
- Any misconduct, including but not limited to harassment, discrimination, or breach of our Code of Conduct, may result in termination of your engagement.
4. USAGE RIGHTS & INTELLECTUAL PROPERTY
4.1 U Cape Town’s Rights to Materials
- U Cape Town retains the right to use all images, videos, and other materials produced through our productions at our sole discretion.
- This includes, but is not limited to, marketing, promotion, social media, website content, and portfolio use.
- By engaging in a project with us, you grant U Cape Town a non-exclusive, perpetual, worldwide license to use, edit, distribute, and display the materials.
- Where applicable, credit will be given to photographers, videographers, and creatives, but U Cape Town is not obligated to do so in every instance.
4.2 Client & Third-Party Rights
- Any additional licensing agreements regarding image or video usage between you and a client must be handled separately and in accordance with the contractual terms of that specific project.
- If a client has specific restrictions on usage, these must be communicated to U Cape Town before the production begins.
4.3 Ownership & Copyright
- Unless otherwise agreed in writing, copyright of all raw and final materials remains with the original creator (e.g., photographer, videographer).
- However, U Cape Town reserves the right to store, archive, and use all produced materials as per Section 4.1.
- If you require a restriction on usage, this must be agreed upon in writing prior to production.
5. PAYMENT TERMS
5.1 Rates & Invoicing
- Payment terms will be outlined in individual contracts or agreements per project.
- If you are a supplier or freelancer, you must submit invoices within 7 days of project completion.
- Late invoices may result in delayed payment processing.
5.2 Payment Timeline
- Payments will be processed within 30 to 60 days from the date of invoice submission, unless otherwise specified.
- Payment terms may vary depending on the client’s policies and U Cape Town is not liable for client delays.
5.3 Deductions & Disputes
- In the event of disputes over services rendered, U Cape Town reserves the right to withhold payment until an agreement is reached.
- If work is deemed unsatisfactory or incomplete, payment may be adjusted accordingly.
6. CANCELLATION & FORCE MAJEURE
6.1 Project Cancellations
- If a production is canceled before work begins, no cancellation fee will be owed unless otherwise agreed.
- If canceled after work has commenced, payments for work completed up to that point must be honored.
- Any cancellation fees must be pre-agreed in writing.
6.2 Force Majeure
- U Cape Town is not liable for delays or cancellations due to unforeseen circumstances, including but not limited to natural disasters, strikes, illness, accidents, or political events.
- In such cases, we will work to reschedule or find alternative solutions where possible.
7. LIABILITY & INDEMNITY
7.1 Limitation of Liability
- U Cape Town is not responsible for personal injury, property damage, or financial loss incurred during a production unless due to gross negligence on our part.
- Any disputes regarding client-provided equipment, locations, or conditions must be handled between the involved parties.
7.2 Indemnity
- You agree to indemnify and hold harmless U Cape Town from any claims, losses, or liabilities arising from your actions, misconduct, or contractual breaches during a project.
8. CONFIDENTIALITY & NON-DISCLOSURE
- All confidential client information or sensitive production details must not be shared publicly unless approved by U Cape Town or the client.
- Violation of confidentiality may result in legal action and termination of future engagements.
9. DISPUTE RESOLUTION
- Any disputes will first be attempted to be resolved internally through discussion.
- If an internal resolution cannot be reached, disputes may be subject to mediation or legal proceedings in Cape Town, South Africa.
10. GENERAL TERMS
- No Partnership: Your engagement with U Cape Town does not constitute a partnership or employment agreement.
- Updates to Terms: These T&Cs may be updated periodically. Continued work with U Cape Town constitutes acceptance of the latest terms.
- Severability: If any provision of these terms is found to be unenforceable, the remaining provisions remain in effect.