Terms and Conditions
Agency Terms and Conditions
- Brand Design, Photography, Website Design, 3D Design, Animation, Video Production, and all other design services provided by Oren Five (Pty) Ltd trading as Envision Five are subject to the following terms and conditions.
- Ownership: All designs, including but not limited to brand design, photography, website design, 3D design, animation, and video production, created by Oren Five (Pty) Ltd trading as Envision Five are the sole property of Oren Five. The client acknowledges and agrees that Oren Five retains all rights, title, and interest in and to the designs, including any intellectual property rights.
- Client Usage: Upon completion of the project and full payment of all fees, the client is granted a non-exclusive, perpetual license to use the designs solely for the purposes agreed upon in the project scope. The client may not modify, reproduce, distribute, or create derivative works based on the designs without the express written consent of Oren Five.
- No Transfer of Rights: The client understands and agrees that ownership of the designs does not transfer to the client, and Oren Five retains all rights not expressly granted herein.
- Raw Files: Oren Five will not supply editable/raw files to the client. The client acknowledges that the final designs delivered by Oren Five are the complete and final version of the work product.
- Confidentiality: Oren Five agrees to keep confidential all proprietary information provided by the client. Similarly, the client agrees to keep confidential any proprietary information shared by Oren Five.
- Termination: Either party may terminate the agreement if the other party breaches any material term or condition and fails to remedy such breach within thirty (30) days of written notice. Upon termination, the client shall cease all use of the designs and return any materials provided by Oren Five.
- Limitation of Liability: Oren Five’s liability for any claim arising out of or relating to the services provided hereunder shall not exceed the total fees paid by the client.
- Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.
- Entire Agreement: These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
- By engaging Oren Five (Pty) Ltd trading as Envision Five’s services, the client agrees to be bound by these terms and conditions.
Photography and Video Production Terms and Conditions
- An agreement between Oren Five (Pty) Ltd T/A ENVISION FIVE and the client concerning acceptable practice during the completion of the brief.
- Please note, by making a payment to ENVISION FIVE, the client agrees to the terms and conditions of this document.
- ENTIRE AGREEMENT
This agreement constitutes the entire understanding between Oren Five (Pty) Ltd. (hereinafter referred to as ENVISION FIVE) and the CLIENT, superseding all prior and simultaneous agreements between the parties. Any amendments or additions to this agreement must be made in writing and signed by both parties. Waiving one provision of this agreement does not waive any other provisions unless explicitly stated in writing. - RESERVATION OF SERVICES
To reserve specified coverage, the client must pay a retainer fee and accept the terms and conditions outlined in this document. By paying the retainer fee, the client agrees to the terms and conditions of this contract and the quoted amount. - CONSULTATION
The parties agree to a consultation one to two weeks before the event to finalize shooting times, locations, and the client’s request list for specific photographs/video footage. The client agrees to allocate one hour for creative photo/video shoots, ending at least one hour before the event. ENVISION FIVE is not liable for missed photographs/video footage due to the client’s late arrival. - COOPERATION
Both parties agree to cooperate and communicate cheerfully for the best results. ENVISION FIVE recommends appointing an ‘event guide’ to identify important individuals and moments for informal or candid photographs/video footage. - ENVISION FIVE is not responsible for photographing/videoing individuals or situations not specified in writing prior to the assignment, nor for missed photographs/video footage due to non-cooperation.
- SHOOTING TIME & ADDITIONS
Shooting starts at the scheduled time. Punctuality and cheerful cooperation are essential for achieving the client’s goals.
- HOUSE RULES
ENVISION FIVE follows venue guidelines. Negotiating guideline moderation with venue officials is the client’s responsibility; ENVISION FIVE provides technical recommendations. - COPYRIGHTS
ENVISION FIVE’s photographs/video content are protected by copyright laws until final payment is received. Upon payment, limited copyright ownership transfers to the client under conditions outlined in this agreement. ENVISION FIVE reserves the right to use images/footage for promotional purposes. - EXHIBITION
The client grants ENVISION FIVE permission to display images/footage for promotional and commercial purposes. ENVISION FIVE is not liable for third-party exhibitions unless informed otherwise by the client. - RAW FILES: ENVISION FIVE will not supply editable/raw files to the client. The client acknowledges that the final images/video delivered by ENVISION FIVE are the complete and final version of the work product.
- ADDITIONAL PHOTOGRAPHERS/VIDEOGRAPHERS
Only ENVISION FIVE-appointed photographers/videographers may work at the event once contracted. - LIMIT OF LIABILITY
ENVISION FIVE is not liable for loss, injury, or damage within or beyond its control. In case of photographer/videographer unavailability, ENVISION FIVE will make reasonable efforts to find a replacement. Liability is limited to refunding all payments received for the event. - SECURITY DEPOSIT / RETAINER FEE
The retainer fee is non-refundable upon cancellation by the client. - TRAVEL & LOGISTICS
One-way travel of 10km (20km round trip) from ENVISION FIVE’s premises is covered; additional travel incurs extra charges. - PAYMENT SCHEDULE
The retainer is due to secure booking, with the balance payable one month before the event. - RESPONSIBILITIES OF THE CLIENT
The client is responsible for safeguarding images/videos once received. ENVISION FIVE is not liable for loss, theft, or damage post-delivery. - DELIVERY STANDARDS
Final delivery is at ENVISION FIVE’s professional discretion. Some images/footage may be excluded for quality reasons. - HOSPITALITY
The client is responsible for catering to ENVISION FIVE’s representatives at the event.