Working Agreement & Terms

This Working Agreement (the "Agreement") sets out the standard terms on which Pie in the Sky Productions ("we", "us", "the Producer") supplies video production, post-production, photography and related creative services ("Services") to its clients ("you", "the Client"). The specific scope, deliverables, schedule and fees for any given engagement are set out in a Quotation or Statement of Work ("SOW") signed or accepted in writing by you. Where a signed SOW exists, its commercial terms prevail over these general terms.

Quotations are valid for 30 days from issue, unless stated otherwise. Acceptance may be given by written acceptance of the Quotation, signature of the SOW, payment of the deposit, or written instruction to proceed. Once accepted, the Quotation/SOW together with this Agreement form the binding contract between us.

All fees are quoted in South African Rand (ZAR) exclusive of VAT, unless stated otherwise. Where fees are quoted in any other currency, the conversion rate at the time of invoicing applies.

• Standard schedule - 50% deposit on acceptance, 50% on delivery, unless agreed otherwise in the SOW.
• Larger productions - typically 40% deposit, 40% on principal photography wrap, 20% on final delivery.
• Retainers - billed monthly in advance.
• Invoices are payable within 7 days of issue by EFT. Overdue invoices accrue interest at the prevailing prime rate + 2%.
• Production does not begin until the deposit reflects in our account.
• Final deliverables (master files, source files, full-resolution exports) are released once the final invoice has been settled in full.

We commit to the dates set out in the SOW. Delays caused by you - including late provision of brief materials, late approvals, talent or location issues outside our control, or rescheduled shoot dates - may extend the delivery schedule and incur additional fees for crew standby, re-shoot scheduling or postponement charges.

Changes to the agreed scope (additional deliverables, additional shoot days, new locations, expanded usage, etc.) will be quoted as a written change order before any additional work is undertaken. Verbally requested changes will be confirmed in writing for the avoidance of doubt.

Each deliverable typically includes two rounds of revisions, unless otherwise specified. Additional rounds, or substantive changes that fall outside the original creative direction, are billed at our standard editorial rate. Once a deliverable has been signed off in writing, further changes are treated as a new change request.

• Providing accurate and complete brief materials in good time.
• Securing any necessary permissions, licences or filming permits that fall on your side.
• Providing timely feedback and approvals at each milestone.
• Ensuring that any materials (logos, scripts, music, third-party assets) supplied to us are properly licensed for the intended use.
• Settling invoices in line with the agreed payment schedule.

Talent fees include the use rights set out in the SOW (channels, territory, duration). Extended or renewed use requires a new buyout to be negotiated with the talent. We obtain signed talent releases on your behalf for all on-camera contributors.

Music and stock assets are licensed under the rights agreed for the production. If you intend to use the final deliverables outside those rights (for example, broadcast TV or paid social campaigns where a web-only licence was originally purchased), additional licensing must be cleared and paid for.

Subject to full payment of all amounts due, the Producer transfers to the Client all rights in the agreed final deliverables for the use specified in the SOW. Until full payment is received, all rights remain with the Producer.

Underlying pre-existing intellectual property (templates, workflows, source files, our own brand assets) and third-party licensed assets (music, stock footage, fonts) remain the property of their respective owners and are not transferred.

Unless agreed otherwise in writing, the Client receives delivery files in industry-standard formats. Project files (premiere/resolve, photoshop, etc.) and raw footage are not part of the standard deliverables and can be licensed separately.

Unless specifically requested otherwise in writing, the Producer retains the right to feature the work, behind-the-scenes content and stills from the production in its own showreel, portfolio, case studies, social channels and marketing materials, with appropriate credit to the Client.

Raw camera files, project files and outtakes are retained by the Producer for a minimum of 90 days from final delivery. Longer-term archival can be arranged on request and is billable. We are not liable for loss of raw materials beyond the standard retention period.

If a production is cancelled by the Client after acceptance:

• More than 14 days before the shoot - the deposit is non-refundable but may be applied to a rescheduled production within 6 months.
• 7-14 days before the shoot - 50% of the contracted fee is payable, in addition to any third-party costs already incurred.
• Less than 7 days before the shoot - 100% of the contracted fee is payable, in addition to any third-party costs already incurred.

Postponement to a future date is treated separately to cancellation and will not trigger the above fees, provided revised dates are agreed within 30 days.

We deliver our Services with reasonable skill and care. Save for liability we cannot exclude under South African law (such as for fraud, gross negligence or death/personal injury caused by our negligence), our total aggregate liability under or in connection with any engagement is limited to the fees paid by the Client for that engagement. We are not liable for indirect, consequential or special losses (including lost profits, goodwill or anticipated savings).

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, weather, disease, government action, civil unrest, strikes, infrastructure failure or any other force majeure event. The affected party will notify the other in writing and the parties will agree on a reasonable extension of time or alternative arrangement.

Both parties will treat all non-public information disclosed during the engagement as confidential and will not disclose it to third parties without consent, except where required by law or to enable performance of the Services (for example, sharing relevant briefing material with subcontracted crew).

This Agreement is governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South African courts for any dispute arising out of or in connection with it.

If you have questions about these terms, please contact us at info@pieinthesky.co.za or +27 6 122 9790.

See also: Privacy Policy.

These terms are provided as a clear, plain-English working agreement. For complex, high-value or unusual productions, we recommend a bespoke Master Services Agreement reviewed by your own legal counsel.