REBLEX PHOTOGRAPHY PTY LTD
TERMS AND CONDITIONS
1. Introduction and Acceptance
These Terms and Conditions govern all photography, videography, production, post-production, social media, content creation and related services provided by Reblex Photography Pty Ltd (“Reblex”).
By accepting a quotation, proposal, estimate, invoice or other written scope of work issued by Reblex, or by instructing Reblex to commence work, the Client confirms that they have read, understood and accepted these Terms and Conditions.
The accepted quotation or proposal, together with these Terms and Conditions, constitutes the agreement between Reblex and the Client.
Where a quotation, proposal or project-specific agreement contains terms that differ from these Terms and Conditions, the project-specific written agreement will take precedence to the extent of that difference.
2. Definitions
For purposes of these Terms and Conditions:
“Reblex” means Reblex Photography Pty Ltd.
“Client” means the individual, company, organisation or other entity engaging Reblex.
“Content” means photographs, video footage, audio recordings, graphics, animations, edits, colour grades, designs and other media captured, produced or created by Reblex.
“Deliverables” means the specific final Content agreed to be supplied to the Client in the applicable quotation, proposal or scope of work.
“Raw Material” means unedited photographs, original video footage, audio recordings and other source material captured during production.
“Project Files” means editing timelines, project databases, graphics files, working files, proxies and other files used in the creation of the Deliverables.
“Production Date” means any date reserved by Reblex for shooting, recording or otherwise performing production services for the Client.
3. Scope of Engagement
The scope of each project will be defined in a written quotation, proposal, brief or agreement.
Only the services and Deliverables specifically included in the agreed scope are included in the quoted price.
Any additional work, Deliverables, production days, edits, versions, formats or services requested by the Client may be quoted and charged separately.
Changes to the agreed brief after work has commenced may affect the project cost and delivery schedule.
Reblex operates as a creative production partner and retains reasonable professional and creative discretion in executing the agreed brief.
4. Quotations and Validity
Unless otherwise stated, quotations are valid for the period specified on the quotation.
Pricing is based on the information, scope and requirements available to Reblex at the time of quotation.
If the scope, production requirements, location, schedule, crew requirements or Deliverables materially change, Reblex reserves the right to revise the quotation accordingly.
Third-party costs and estimates may be subject to supplier availability and price changes.
5. Booking and Deposits
A Production Date is only considered secured once any required deposit or booking fee has been received and Reblex has confirmed the booking.
Until then, proposed dates remain subject to availability.
Deposits and booking fees are non-refundable unless otherwise agreed in writing.
The deposit reserves Reblex's production capacity and may also be used toward pre-production, administration, crew bookings and other preparation associated with the project.
6. Fees and Payment
All fees will be set out in the applicable quotation, proposal or invoice.
Unless specifically stated otherwise, fees are exclusive of VAT where VAT is applicable.
Invoices are payable according to the payment terms stated on the invoice.
Reblex reserves the right to require full or partial payment before production commences.
Final Deliverables may be withheld until all amounts relating to the project have been paid in full.
Any undisputed overdue amounts may result in the suspension of work or delivery until the account has been brought up to date.
7. Production Days and Additional Time
Production fees are based on the production period, half-day, full-day or other time allocation specified in the quotation.
Where production extends beyond the agreed period due to Client requests, delays, access restrictions, schedule changes or circumstances reasonably attributable to the Client or its representatives, additional time may be charged.
Where Reblex is required to remain on location beyond the agreed production period, overtime may be charged at the applicable rate.
A Production Date reserved for a Client represents time that Reblex may have declined to offer to other clients.
8. Travel, Accommodation and Production Expenses
Unless specifically included in the quotation, travel, accommodation, flights, vehicle hire, fuel, tolls, permits, location fees, equipment hire, excess baggage, catering, couriers and other project-specific expenses may be charged separately.
Any reasonable expenses incurred or committed by Reblex on behalf of the project remain payable by the Client, including where the project is subsequently postponed or cancelled.
Where travel is required, reasonable travel days or travel time may be charged where specified in the quotation.
9. Client Responsibilities
The Client is responsible for providing accurate information, briefs, schedules, brand assets, scripts, approvals and other materials reasonably required for the project.
The Client is responsible for obtaining any permissions, access, location approvals, releases or authorisations that fall within the Client's control unless Reblex has specifically agreed to arrange these.
The Client must ensure that relevant representatives, participants and stakeholders are available when required.
The Client is responsible for ensuring that locations under its control are safe and reasonably suitable for production.
Delays caused by the Client, its representatives, venues, participants or other suppliers may result in additional charges and/or revised delivery dates.
10. Client-Supplied Materials
The Client warrants that it has the necessary rights and permissions to provide Reblex with any logos, photographs, footage, music, graphics, trademarks, scripts or other materials supplied for use in the project.
Reblex will not be responsible for claims arising from Client-supplied material where Reblex has used such material in accordance with the Client's instructions.
11. Creative Direction
Reblex retains reasonable creative and technical discretion in relation to production, including camera placement, lighting, composition, sound, editing, music selection, colour grading and overall execution.
Where the Client has approved a treatment, concept, mood board, script, storyboard or creative direction, substantial changes requested after approval may constitute additional work.
Creative differences that fall within the approved brief do not automatically constitute a failure to deliver the agreed services.
12. Weather Conditions
The Client acknowledges that certain productions, particularly outdoor productions, may be dependent on suitable weather conditions.
Where weather conditions, in Reblex's reasonable professional judgement, make production unsafe, impractical or materially prevent the agreed scope from being completed, Reblex may suspend or postpone production.
A weather-related postponement under these circumstances does not constitute a cancellation or breach of agreement by Reblex.
Any deposit or booking fee remains non-refundable and may, where reasonably possible, be transferred to a mutually agreed rescheduled Production Date, subject to Reblex's availability.
All expenses already incurred or committed, including travel, accommodation, crew, equipment hire, permits, location fees and third-party costs, remain payable by the Client.
Where Reblex or its crew have already travelled to or arrived at the production location before weather prevents production from proceeding, all applicable travel, crew and production costs already incurred or time already worked remain payable.
Where conditions allow production to reasonably and safely proceed but the Client chooses to postpone or cancel because of aesthetic preference or other considerations, the normal cancellation and rescheduling provisions will apply.
Any additional costs required for a rescheduled Production Date will be quoted and charged separately.
13. Cancellation and Rescheduling
The Client must notify Reblex of any cancellation or request to reschedule as soon as reasonably possible.
Deposits and booking fees are non-refundable.
Where a project is cancelled or postponed after Reblex has incurred expenses or committed third-party resources, those costs remain payable by the Client.
Where cancellation occurs close to a confirmed Production Date, Reblex may charge a cancellation fee reflecting the production time reserved, work already completed, non-recoverable expenses and other reasonable losses directly associated with the cancellation.
Where possible, Reblex may permit a Production Date to be moved to another mutually agreed date. Any rescheduling is subject to availability and may result in additional costs.
Repeated postponements or material delays may require the project to be requoted.
14. Force Majeure
Neither party will be liable for failure or delay in performing its obligations where such failure results from circumstances beyond that party's reasonable control.
These circumstances may include severe weather, natural disasters, fire, flood, government restrictions, civil unrest, strikes, widespread power or communications failures, serious illness or injury affecting essential personnel, transport disruption or other unforeseen events that materially prevent performance.
The affected party must notify the other party as soon as reasonably practical.
Where possible, the parties will work together in good faith to reschedule or adjust the project.
Costs already incurred or committed before the force majeure event remain payable where those costs cannot reasonably be recovered.
15. Equipment Failure and Technical Risk
Reblex maintains professional equipment and takes reasonable precautions to minimise technical failure and data loss.
Photography and film production nevertheless involve equipment, storage media and technology that can fail unexpectedly.
If a material technical failure occurs despite reasonable professional precautions, Reblex will take reasonable steps to recover the material, provide alternative material where possible, or agree on an appropriate practical solution with the Client.
Reblex's liability remains subject to the limitations contained in these Terms and Conditions.
16. Post-Production and Editing
Post-production includes only the work and Deliverables specified in the agreed quotation or proposal.
Additional edits, versions, aspect ratios, language versions, subtitles, graphics, music changes or other post-production work not included in the original scope may be charged separately.
Reblex retains discretion regarding its editing workflow, software, project structure and technical processes.
17. Revisions
The number or scope of revisions included in a project will be stated in the applicable quotation or proposal.
Unless otherwise agreed, revisions are intended for reasonable adjustments to the agreed Deliverables and not for fundamental changes to an approved concept, script, creative direction or brief.
Client feedback should, where reasonably possible, be consolidated into a single clear set of comments per revision round.
Additional revision rounds, conflicting feedback, changes to previously approved elements or requests outside the original scope may be charged at Reblex's applicable rate.
18. Delivery and Turnaround
Estimated delivery dates will be communicated per project.
Delivery timelines may depend on project complexity, Client feedback, approvals, workload and external factors.
Any delay by the Client in providing feedback, materials or approvals may result in a corresponding adjustment to the delivery schedule.
Unless specifically agreed otherwise, delivery dates are estimates rather than guarantees.
Final Deliverables will only be released once the applicable payment requirements have been satisfied.
19. Raw Material and Project Files
Unless expressly included in the quotation or agreed in writing, Raw Material and Project Files are not included in the Deliverables.
Reblex is under no obligation to provide editing project files, working files, proxies or other internal production materials.
Where Reblex agrees to provide Raw Material, additional preparation, storage, transfer and licensing fees may apply.
Reblex reserves the right to determine the technical format and method of transfer.
20. Storage and Archiving
Reblex will take reasonable care of project material during active production and post-production.
Unless otherwise agreed in writing, Reblex does not guarantee indefinite storage or archival of Raw Material, Project Files or final Deliverables after completion of the project.
The Client is responsible for downloading and securely backing up delivered Content.
Reblex may delete project material after a reasonable retention period.
Long-term storage or archival services may be quoted separately.
21. Intellectual Property
Unless otherwise agreed in writing, all copyright and intellectual property rights in Content created by Reblex remain vested in Reblex Photography Pty Ltd to the extent permitted by law.
Payment for production services does not automatically constitute an assignment or transfer of copyright.
The Client receives the usage licence applicable to the project once all amounts due have been paid.
Any transfer or assignment of copyright must be expressly agreed in writing and may attract an additional fee.
22. Client Usage Licence
Unless otherwise specified in the quotation or proposal, the Client receives a non-exclusive, non-transferable licence to use the final Deliverables for the agreed purposes, platforms, territory and duration.
Usage outside the agreed scope may require additional written permission and licensing fees.
This may include, where applicable:
paid advertising;
broadcast television;
cinema;
large-scale or national campaigns;
international campaigns;
out-of-home advertising;
third-party commercial use;
resale or sublicensing; and
use by another brand, agency or organisation.
The Client may not sell, sublicense or commercially transfer the Deliverables to a third party without Reblex's written consent.
Reasonable resizing, cropping and platform-specific formatting of final Deliverables is permitted where it does not materially alter the creative work. Material re-editing or alteration should be agreed with Reblex.
23. Reblex Portfolio and Promotional Use
Unless otherwise agreed in writing before production, Reblex may use Content created during the project for its own portfolio, website, social media, showreels, case studies, pitches, awards and promotional purposes.
Where Content is confidential, embargoed or commercially sensitive, the Client must notify Reblex in writing.
Reblex will reasonably respect agreed embargo dates and confidentiality restrictions.
24. Music, Stock Media and Third-Party Licences
Where a project includes music, stock footage, fonts, graphics, templates or other third-party assets, those assets may be subject to separate licence terms.
Reblex will obtain licences appropriate to the agreed usage where such licensing forms part of the agreed scope.
If the Client subsequently expands the use of the Content beyond the original licensed scope, additional third-party licensing may be required and will be the Client's responsibility unless otherwise agreed.
25. Talent, Models and Releases
Where models, actors, voice artists, presenters or other talent are required, their fees and usage rights will be determined per project.
Talent fees may include separate appearance, session, usage and buy-out fees.
Any extension of the agreed usage, territory, duration or media may require additional approval and fees.
Where the Client supplies or directly contracts talent, the Client is responsible for ensuring the necessary permissions and releases are in place.
26. Confidentiality
Both parties will take reasonable steps to protect confidential information received in connection with a project.
Neither party may disclose confidential information to third parties except where reasonably necessary to perform the project, where required by law, or where the information is already lawfully in the public domain.
Confidentiality obligations survive completion of the project.
27. Credit and Attribution
Where appropriate, Reblex may request reasonable credit when Content is publicly published.
The appropriate credit may vary depending on the platform and nature of the project.
Failure to provide credit does not transfer ownership or copyright.
28. Limitation of Liability
Reblex will perform its services with reasonable professional care and skill.
To the extent permitted by applicable law, Reblex will not be liable for indirect, incidental, special or consequential losses arising from the project.
Where Reblex is legally liable for direct loss, its aggregate liability in connection with the relevant project will, to the extent permitted by law, be limited to the fees paid or payable to Reblex for the specific services giving rise to the claim.
Nothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited.
29. Third-Party Suppliers
Reblex may engage freelancers, crew members, studios, equipment suppliers, travel providers or other third parties where reasonably required to perform a project.
Where third-party services are booked specifically for a Client project, their applicable cancellation terms and non-refundable charges may be passed on to the Client.
Reblex is not responsible for delays or failures caused solely by independent third-party suppliers where Reblex has exercised reasonable care in their selection and management.
30. Social Media and Platform Changes
Where Reblex provides social media or digital content services, Reblex cannot guarantee specific reach, engagement, views, follower growth, leads, sales or other platform performance unless expressly agreed in writing.
Social media platforms may change algorithms, formats, policies and technical requirements without notice.
Reblex will use reasonable professional judgement in adapting content to the relevant platforms.
31. Suspension or Termination
Reblex may suspend work where invoices remain overdue, required information or approvals are not provided, working conditions are unsafe, or the Client materially breaches the agreement.
Where a material breach is not remedied within a reasonable period after written notice, either party may terminate the agreement.
Termination does not affect amounts already due, work already completed, non-refundable deposits, committed expenses, intellectual property rights or any provisions intended to survive termination.
32. Governing Law
These Terms and Conditions and all agreements between Reblex and the Client are governed by the laws of the Republic of South Africa.
The parties will first attempt in good faith to resolve any dispute through direct discussion before commencing formal legal proceedings, where reasonably appropriate.
33. General
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply.
A failure by either party to enforce a provision does not constitute a waiver of that provision.
Any amendment to the agreed project scope or these Terms and Conditions should be recorded in writing.
Electronic communication, including email and other agreed written digital communication, may constitute written communication for purposes of the agreement.
34. Final Note
Reblex operates as a creative production partner built on trust, collaboration and professional relationships.
These Terms and Conditions are intended to create clear expectations for both Reblex and its Clients while protecting the time, resources, creative work and intellectual property required to produce high-quality content.