IMPORTANT LEGAL NOTICE
This legal notice applies to the entire contents of the website under the domain name www.cherry-picked.co.za (“the Website") and to any correspondence by e-mail between Cherry-Picked Locations (Pty) Ltd (“the Location Agency”) and you. Please read these terms and conditions carefully before using the Website. By accessing any part of the Website you agree to be bound by these terms and conditions in full (which shall take effect immediately on your first use of the Website) regardless of whether or not you choose to register with the Location Agency or use any of the Location Agency’s services. If you do not agree to be legally bound by these terms and conditions, please do not access and/or use the Website. The Location Agency may revise these terms and conditions at any time and you are advised to revisit these terms and conditions each time you access any part of the Website as the current terms and conditions will be binding on you.
1.1 By using the Website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all the following terms please do not access and/or use the Website. You will be able to access all areas of this Website by registering your details with the Location Agency.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Location Agency may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you and your continued use of the Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended. Certain provisions of this legal notice may be superseded by expressly designated legal notices.
1.4 Property rights: The copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by the Location Agency or its licensors.
1.5 Image usage: Copies or extracts of pages from the Website may be downloaded or printed for your own non-commercial, personal or professional use and for reference only. Material on the Website must not be used for external commercial purposes nor edited or altered in any way without seeking prior written permission from the Location Agency. Any use of copies or extracts from the Website other than in accordance with this clause 1.2 is strictly prohibited. Any rights not expressly granted in these terms are reserved.
2.1 Disclaimer: Photographs and images displayed in the location library on the Website are done so by the Location Agency without making any guarantees, conditions or warranties as to the accuracy or completeness of such material. Although effort has been taken to ensure that images and particulars presented on the Website are accurate and up-to-date, the viewable images in the location library are no guarantee of the condition of the location or that the colour scheme or furnishings remain the same. The Location Agency therefore disclaims (to the fullest extent permitted by law) all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone informed by any of its contents.
2.2 Suitability: The Location Agency strongly advises that the location is visited by a representative of the hirer prior to the shoot/event taking place to establish first- hand the suitability and availability of the location. The Location Agency, any appointed agent or the location owner cannot be held liable for any loss, damage or inconvenience caused by the unsuitability of the location. It is the responsibility of the hirer to ascertain whether the location requires any additional permissions (and if so, that these are in place prior to the shoot taking place), be it in relation to areas adjacent to the location, from the local authority or other third parties, in order to facilitate the shoot.
3. Location Owners
3.1 General: These are the terms and conditions under which The Location Agency agrees to act as filming & photographic agent between "The Owner" / "The Property" and "The Company".
3.1.1 Photographs: The Owner agrees that photographs of the Owner’s property (“the Property”) will be uploaded and featured on the Website. The Location Agency will retain the copyright of any photographs taken of the Property by the Location Agency.
3.1.2 The Location Agency will negotiate the fees to be paid by the Company on behalf of the Owner. The Owner agrees that he / she / it is not permitted to discuss fees directly with any Company introduced to the Owner by the Location Agency.
3.1.3 Payment: The Location Agency will invoice the Company for the total hire fees, including the commission payable to the Location Agency. The Location Agency will pay the Owner the fees (which shall exclude the Location Agency’s commission) within 14 days of shoot completion.
3.1.4 Confidentiality: The Owner’s information including names, address and phone numbers will not be visible to website users. You agree to keep at all times any information in relation to the conduct of the Location Agency’s business as filming agents confidential and will not disclose the same to any other party without written consent.
3.1.5 The Owner’s Obligations: The Owner will endeavour to notify the Location Agency of any decorative or structural changes carried out to the Property, after submitting photographs to be used for the Website. The Owner warrants that he / she / it has the necessary authority to appoint the Location Agency as the agent for the purposes described in these terms and conditions, to allow the Location Agency access to the Property and to enter into any contract for the use of the Property as a filming/photography/event location. In the event that the Owner does not have that authority, he / she / it will notify the Location Agency of the identity of the person or persons who have that authority. The Owner undertakes to allow the Location Agency and / or the Company / potential Company reasonable access to the Property for the purposes of viewing the Property.
3.1.6 Damages: The Owner will notify the Location Agency of any damages within 48 hours after the shoot.
3.1.7 Commission: The Owner agrees that the Location Agency will deduct a 20% commission on all fees, resulting from Filming / photography/Events at the Property, when negotiated and introduced by the Location Agency.
4. Cancellation of a Booking
4.1 The Company is required to provide the Location Agency with written notice of cancellation of a booking for a minimum notice period of at least the length of the booking, i.e. a 2 day booking must be cancelled 2 days or 48 hours in advance.
4.2 In the event that the Company cancels a 1 day booking on less than 24 hours’ notice, the Company will be charged 50% of the booking fee by the Location Agency.
4.3 In the event that the Company cancels a booking of more than 1 day on less than the notice period provided for on 4.1 above, the Company will be charged 50% of the booking fee by the Location Agency.
4.4 In the event that the Company cancels a booking on more than 24 hours’ notice, the Location Agency although under no obligation to do so, will attempt to secure another booking for the Property. Should the Location Agency not be able to do so, then the cancellation fees referred to above shall apply nonetheless.
5.1 There will be a R1000.00 once off administration fee applicable for all new locations registering with the Location Agency. This administration fee will be deducted from the fees generated in respect of the first booking.
5.2 All fees must be paid in advance of the hire date to The Location Agency otherwise access will be prohibited
5.3 The Location Agency reserves the right to request a damage deposit calculated at their discretion according to risk. This will be held for the duration of the hire period and will be released on the agreement of both parties.