These Terms & Conditions form part of the agreement between Third Vision Studios and the person or organisation named in an accepted quote, booking confirmation or service agreement.
Please read these terms before confirming a booking. Project-specific details in our written quote or service agreement take priority where they expressly differ from these terms.
1. Scope and acceptance
In these terms, "Third Vision Studios", "we", "us" and "our" refer to Third Vision Studios, operating from Karatina, Kenya and serving clients across Kenya and beyond. "Client", "you" and "your" refer to the person or organisation requesting or booking our services.
These terms apply to our photography, videography, editing, livestreaming, branding and print, digital marketing, social-media management, commercial production, event screens, media support and related services. You accept them when you approve a quote, pay a deposit, sign a service agreement or instruct us to begin work.
If you book for another person, business, church, school, family or organisation, you confirm that you have authority to accept these terms on their behalf.
2. Quotes and bookings
- A quote is based on the information available when it is issued, including the event date, location, hours, crew, equipment, deliverables and travel requirements.
- A quote remains open for the period stated in it. Dates and resources are subject to availability until we confirm the booking in writing and receive any required deposit.
- Work outside the agreed scope, including extra coverage time, locations, edits, formats, travel or equipment, may require a revised quote or additional charge.
- Any estimate of timing, audience reach, output volume or final running time is an informed estimate unless expressly guaranteed in writing.
3. Deposits and payments
The deposit, instalments, balance due date, accepted payment method and any taxes or third-party charges will be stated in the quote or invoice. Unless we agree otherwise in writing:
- a booking is not confirmed until the required deposit has cleared;
- the balance must be paid by the stated due date and may be required before the event, release of final deliverables or transfer of final artwork;
- we may pause work, withhold delivery or decline attendance if an amount is overdue; and
- bank, mobile-money, venue, permit, travel, accommodation, courier, licensing and platform costs are payable by the Client where the quote identifies them as additional costs.
Deposits compensate us for reserving the date, preparation and work already performed. Their refundability is governed by the accepted quote, the cancellation terms below and applicable Kenyan law.
4. Client responsibilities
You are responsible for giving us accurate and timely information and for cooperating with production. This includes:
- confirming the brief, schedule, venue, access times, key people, required moments, brand assets, names and spelling;
- obtaining venue permissions, filming or photography permissions, music or performance permissions, and any notices or consents required from participants, guests, parents or guardians;
- providing a safe working area, reasonable access, parking or loading arrangements, and reliable power, internet or venue support where the service requires it;
- identifying a contact person authorised to make decisions at the event;
- telling us in advance about cultural, religious, privacy, safeguarding, accessibility, security or venue rules relevant to coverage; and
- reviewing proofs, drafts and approval requests within the agreed time.
We are not responsible for missed coverage or delay caused by inaccurate schedules, restricted access, unsafe conditions, absent participants, late starts, venue rules or a failure to identify important people or moments.
5. Changes, cancellation and rescheduling
Changes
Requests to change the date, time, venue, scope, crew or deliverables must be made as early as possible. We will confirm whether the change is feasible and any effect on price or delivery. A material change is not binding until agreed in writing.
Cancellation by the Client
Cancellation must be communicated in writing. We may retain or charge the amounts reasonably attributable to date reservation, planning, completed work, committed crew, hired equipment, travel, permits and non-refundable third-party costs, subject to the accepted quote and applicable law. Any refundable balance will be calculated after those amounts are deducted.
Rescheduling
We will make reasonable efforts to move a booking, but the new date is subject to crew and equipment availability. Additional costs and current rates may apply. If we are unavailable on the requested new date, the request may be treated as a cancellation.
Cancellation by us
If we must cancel for reasons within our reasonable control and cannot provide a suitable replacement or agreed alternative, our responsibility will be to refund amounts paid for services not provided. This does not limit rights that cannot lawfully be excluded.
6. Production, creative decisions and deliverables
- We use professional judgement in capture, selection, editing, colour, sound, pacing, framing and design while following the agreed brief.
- Deliverables, format, resolution, quantity, delivery method and expected timeline are those stated in the quote. Delivery dates are estimates unless expressly agreed as fixed.
- Raw, unedited or project-source files are not included unless the quote expressly says otherwise.
- Reasonable revision rounds for design or edited work are limited to those in the quote. New directions, late feedback or changes to approved work may be charged separately.
- The Client should download, inspect and back up delivered files promptly. We may retain working files for a reasonable operational period, but we do not guarantee permanent archival storage unless agreed in writing.
Differences between screens, printers, sound systems, social platforms or compression systems may affect colour, crop, sharpness or audio quality and are not necessarily defects in the delivered work.
7. Livestreaming, platforms and event screens
Livestreaming depends on electricity, venue access, mobile or fixed internet, platform availability, account permissions and third-party systems such as Facebook and YouTube. We will use reasonable professional care, but cannot guarantee an uninterrupted stream, a particular audience size, or continued availability of a third-party platform or recording.
The Client must provide correct platform access and confirm privacy settings, titles and destinations before broadcast. Platform moderation, copyright detection, account restrictions, music claims, takedowns and viewer-device problems remain subject to the relevant platform's rules.
For event screens, the Client must provide suitable placement, safe access, crowd control and venue approval. The Client is responsible for loss or damage caused by guests, venue personnel or conditions outside our control, except to the extent caused by our negligence. A local recording, backup connection or alternative output is included only where stated in the quote.
8. Intellectual property and use of work
Unless we agree to a written assignment, Third Vision Studios retains copyright and other intellectual property rights in photographs, footage, edits, graphics, project files and production materials we create.
Once all fees are paid, the Client receives a non-exclusive, non-transferable licence to use the final deliverables for the personal, event, organisational or business purposes described in the quote. The Client may share final event media with family, guests or on its own channels. The Client may not resell, sublicense, claim authorship of, materially alter, remove credits or use our work for an unrelated commercial campaign unless we agree in writing.
For logos and branding, any broader or exclusive usage rights will be stated in the relevant quote. Third-party fonts, music, templates, stock assets and platform materials remain subject to their own licence terms.
You retain rights in material you provide to us and grant us the permission needed to use it for the project. You confirm that supplied logos, music, images, footage, names and instructions do not infringe another person's rights.
Portfolio use is consent-based. We will seek the Client's permission before using identifiable commissioned work in our portfolio, website, social media, showreel, awards or promotional materials. Permission may be limited or withdrawn for future use, although withdrawal does not require recall of material already lawfully printed, published or distributed.
9. Privacy and event media
We handle personal information in accordance with our Privacy Policy. Photography, video and livestreaming may record identifiable guests, voices, performances and event details. The Client must provide appropriate notice to attendees and obtain consent where required, especially for children, private events and sensitive circumstances.
10. Liability
We will provide the services with reasonable care and skill. To the fullest extent permitted by Kenyan law:
- we are not liable for indirect or consequential loss, loss of profit, lost opportunity or reputational loss arising from the services;
- we are not liable for failures caused by venues, guests, internet or power providers, platforms, couriers, weather, authorities or other circumstances outside our reasonable control; and
- our total liability arising from a booking will not exceed the fees paid or payable for the affected service.
Nothing in these terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any right or remedy that cannot be excluded under applicable law. The Client must take reasonable steps to limit avoidable loss and notify us promptly of a material problem.
11. Force majeure
Neither party is responsible for delay or failure caused by an event beyond reasonable control, including severe weather, flood, fire, epidemic, civil disturbance, government restriction, transport disruption, venue closure, widespread power or network failure, or serious illness affecting essential personnel. The affected party must notify the other as soon as reasonably possible. We will work in good faith to reschedule, adapt the service or settle charges for work completed and non-recoverable costs.
12. Governing law and disputes
These terms and each booking are governed by the laws of Kenya. The parties will first try to resolve a dispute promptly and in good faith through direct discussion. If that does not resolve the matter, either party may use any court or lawful dispute-resolution process with jurisdiction in Kenya. Mandatory consumer rights remain unaffected.
13. Contact us
Third Vision Studios
Mama Lucy Market, 1st Floor
Near Marikiti Market, Karindundu Road
Karatina Town, Kenya
Phone: 0703 137 310 / 0705 314 684
Email: director.laban@gmail.com
14. Updates to these terms
We may update these terms to reflect changes in our services, law or business practices. The revised version will be posted here with a new "Last updated" date. Changes do not retrospectively alter a confirmed booking unless required by law or agreed in writing. The version accepted when the booking was confirmed generally applies to that booking.