Terms & Conditions: Film & Content Projects

These mutually agreed terms form a vital part of our agreements between us and our clients. Our policies and terms are set to ensure all our clients receive excellent customer service and high quality productions. We look forward to working with you and your brand.

Coverage

It is understood that Mara Moja is the exclusive producer retained by the client to offer film and digital media services. Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client. If an alternative or additional producer is contracted, Mara Moja will work as normal, however in certain circumstances other individuals, lighting and video equipment may effect quality of the final output.

Artistic Style

Client acknowledges that they are familiar with Mara Moja’s portfolio and are requesting services with knowledge of the company’s style and that the company’s work is constantly evolving; that the company’s services are of a unique and artistic nature; that the production / film may be different from films done by the company in the past; and that in creating the films Mara Moja shall use it’s own creative, artistic judgement to create beautiful motion images consistent with our personal judgement to create films consistent with our vision of the clients brand and production / project. Client acknowledges that the films shall not be subject to rejection on the basis of taste or aesthetic criteria. Mara Moja’s judgement regarding coverage, locations, style, length of clips taken and editing will be final. Mara Moja cannot be held responsible for the lack of footage / coverage caused by various restrictions, limitations or situations beyond our control.

Timing

Mara Moja naturally follows the film industry standard; at 8 hours of production / film / coverage time per day. On a case by case basis, this can be extended with a prior written request from the client. 

In addition to the above, an extra 1.5 hour commute time is included for shoots within the city/location we are in at that specific time. 

Permits

Client assumes all charges / responsibilities for obtaining any necessary permission, clearance permits, etc which may be required by Mara Moja. Client assumes all charges / responsibility for obtaining and retaining permission for access to any requested camera positions. Client warrants that they have the legal rights to anything Mara Moja will produce / film / cover, including photos, musical recordings, videotapes, or any other materials delivered to Mara Moja for inclusion in the clients final output. 

Force Majeure

In the event of adverse weather conditions and/or any other form of disruption, be it an act of god, human or natural, Mara Moja will not be held responsible for any disappointment caused by the conditions present. However, Mara Moja will of course, with the co-operation of the client, continue to their best ability to provide coverage or re-scheduling options under these uncontrollable circumstances. Mara Moja will however immediately cancel or suspended production / filming / coverage if conditions pose a risk to the health and safety of our crews and client.

Production Times

In the event of a timing overrun and Mara Moja has other pre-agreed obligations, or for example, a flight to catch, Mara Moja has the right to terminate coverage based on the industry standard time or pre-agreed time. Although, it is Mara Moja’s responsibility to alert the client well in advance of any other pre-agreed obligations and/or transport arrangements. Variations from the pre-agreed and pre-arranged timings between

Mara Moja and the client may result in a compromise of coverage. It is not Mara Moja’s responsibility to ensure the scheduling, if any, from the client side is followed.

Final Output (Film)

Mara Moja will provide the client with a fully compiled, edited and colour graded, full high definition or 4K film / project / production through digital media (e.g: web sharing, usb drive, streaming). Mara Moja reserves the right to edit, crop and manipulate any clip as required. The client is entitled to a total of three (3) edits / changes of the final output, after which a rate of USD $50 is billed per hour.

Output Delivery Timeline

For films / projects of less than 5 minutes, Mara Moja will deliver the final output within 14 days. For films / projects of more than 5 minutes, output delivery can range between 15-60 days. For certain projects, output delivery may differ based on the client requirements.

Handling

Mara Moja will store a copy of the raw camera footage and final output for 3 months from the output delivery date, after which the footage will be deleted from Mara Moja’s drives. Public / Private viewing links of the output will be available for 12-24 months from the date of delivery. 

Payment Schedules

An initial retainer fee representing 60% of the total agreed fee is required by Mara Moja to secure the booking. Until this amount is received, the project dates discussed are not locked down and confirmed. The remaining 40% of the total agreed fee is payable on completion of filming. Post-production of the films will not commence until full payment is received.

Costs 

Any reasonable costs (for examples but not limited to flight costs, accommodation, ground transport, etc) that are incurred by Mara Moja as a direct result of the film / project / production will be considered reimbursable by the Client, and payable on competition of filming. Significant costs will always be pre-discussed and agreed upon by Mara Moja and the Client before they are incurred. If the client is providing accommodation, this needs to be an unshared single room for each Mara Moja crew member in a clean, healthy and safe premises nearest to the shoot location. Mara Moja highly recommends a minimum 4 star hotel / accommodation arrangement. 

Meals / Breaks

Mara Moja crew members will be allowed one 20 minute break at their own discretion, and bathroom breaks when necessary. Each Mara Moja crew member will be provided full meals / hot meals when working on the project / film / production. 

Cancellation / Changes

Client has the right to cancel this agreement by giving written notice to Mara Moja, but in doing so will forfeit any monies already paid (non-refundable / non-transferable). If the client cancels less than 30 days before the filming / project / production date, the client agrees to pay Mara Moja the full and total agreed fee for the film coverage. If the film / project / production is re-scheduled, or the locations changed, Mara Moja will try its level best to accommodate the change requests but are under no obligation to provide any services. *rescheduling/relocation surcharges may apply.

Usage

Mara Moja reserves the right to use the final output and it’s behind the scenes content for display and/or promotional purposes, social media and its own portfolio. 

Copyright

All video masters (final output) and raw footage remain exclusive property of Mara Moja. Mara Moja will not provide any raw footage to the Client or individuals from the clients company.

Unavailability 

In the rare event that a Mara Moja crew member is unable to attend the filming / project / production due to circumstances beyond Mara Moja’s control, Mara Moja will try its level best to provide a suitable substitute to cover the events on behalf of Mara Moja. The substitute would be vetted and approved by Mara Moja. For clarity, examples of these circumstances can be (but not limited to) death of close family, critical or physically limiting illness of self or immediate family, flight delays and cancellations, unpredictable traffic / road conditions, human or natural disasters, etc. 

Further information and clauses are provided in our client contracts on booking confirmation.

[Published May 15 2018] [Revised July 5 2019]