Mira 9 : Legal

4. All terms and conditions relating to the use of any material, photographs or images purchased from Mira 9, or to any services offered by Mira 9, shall in all respects be (i) governed and construed in accordance with the laws of the Republic of South Africa; and (ii) subject to the exclusive jurisdiction of the South African courts. All disputes, actions and other matters in connection therewith shall be determined in accordance with such laws.

5. Failure or neglect by Mira 9 to enforce at any time any of the terms and conditions of the use of its Websites, or of any material, photographs or images purchased from Mira 9 or via its Websites, or of any services supplied by Mira 9 or via its Websites, shall not be construed as a waiver of the rights of Mira 9, nor shall such failure or neglect in any way effect the validity of the whole or any part of these terms and conditions, nor prejudice the rights of Mira 9 to take subsequent action.

6. Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay or inconvenience, or any other occurrence, of whatever nature, however caused, arising from, or being in any way related to, the use of its Websites, or the use of material, photographs or images supplied by Mira 9 or via its Websites, or the use of any services supplied by Mira 9 or via its Websites, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever.

7. Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay or inconvenience, or any other occurrence, of whatever nature, however caused, arising from, or being in any way related to, the use of any hyperlinks contained in its Websites, or the use of any material or services supplied as a result of the use of any hyperlinks in its Websites, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever.

8. Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay or inconvenience, or any other occurrence, of whatever nature, however caused, arising from, or being in any way related to, the unauthorised, fraudulent or illegal use of any images contained in its Websites, or copies thereof in any medium, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever.

9. With specific, but not exclusive, reference to photographic training and workshops, Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, during, but not limited to, (i) travel to or from a photographic training session, practical or workshop; and (ii) the time spent at a photographic training session, practical or workshop. Mira 9 reserves the right to amend the course price and/or to restructure the course content at any time.

10. With specific, but not exclusive, reference to photographic tours, safaris and workshops, Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, during, but not limited to, (i) travel to or from a tour, safari or workshop; and (ii) the time spent on a tour, safari or workshop. Mira 9 reserves the right to change routes, arrangements, conditions and prices. Departure, pick-up and return times may vary from those stated.

11. With specific, but not exclusive, reference to wedding management, Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents, or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, during, but not limited to, (i) travel to or from a wedding arranged wholly or partly by Mira 9; and (ii) the time spent at a wedding arranged wholly or partly by Mira 9.

12. With specific, but not exclusive, reference to wedding management, Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents, or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, arising from, or being in any way related to, any non-performance of (i) any sub-contractor or service provider engaged or recommended by Mira 9, whether their details are listed on a Mira 9 Website or not; (ii) any sub-contractor or service provider engaged independently of Mira 9 by a client or clients of Mira 9, or by any other party on behalf of a client or clients of Mira 9; and (iii) any sub-contractor or service provider whose details appear on a Mira 9 Website. Mira 9 reserves the right to replace any sub-contractor, and to remove the details of any service provider from the Mira 9 Website/s, as it at its sole discretion deems fit.

13. With specific, but not exclusive, reference to modelling and casting, Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, during, but not limited to, (i) travel to or from a photo session, casting, audition, shoot or assignment; and (ii) the time spent at a photo session, casting, audition, shoot or assignment.

14. With specific, but not exclusive, reference to modelling and casting, Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, arising from, or being in any way related to, the inaccuracy of any personal information supplied by the model to Mira 9.

15. Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay or inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, arising from, or being in any way related to, the actions of (i) any sub-contractor or service provider engaged or recommended by Mira 9, whether their details are listed on a Mira 9 Website or not; (ii) any sub-contractor or service provider engaged independently of Mira 9 by a client or clients of Mira 9, or by any other party on behalf of a client or clients of Mira 9; (iii) any sub-contractor or service provider whose details appear on a Mira 9 Website; (iv) any person who is represented by Mira 9 as a model, actor or extra, or their parents, guardians, agents or legal representatives; (v) any client or clients of Mira 9; and (vi) any guest or guests of a client or clients of Mira 9.

16. Mira 9 is under no obligation to become involved in any dispute or disputes of whatever nature which may arise between or among sub-contractors, service providers, clients and any persons who are represented by Mira 9 as models, actors or extras, or their parents or guardians. Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, arising from, or being in any way related to, any such dispute or disputes.

17. Mira 9 reserves the right to withdraw any of its services at any time, temporarily or permanently, as it at its sole discretion deems fit, and Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, arising from, or being in any way related to, such action.

18. All information contained in, or presented by, its Websites is supplied in good faith and Mira 9, its officers, employees, servants, agents and successors in rights, and others directly or indirectly in the employment or service of Mira 9, shall not be responsible for, and shall be exempt from any liability in respect of, any expense, loss, damage, injury, illness, death, accident, delay, inconvenience, or any other occurrence, of whatever nature, however caused, whether the same shall occur and whether the same shall arise from or be occasioned by the negligence of Mira 9, its officers, employees, servants, agents or successors in rights, or others directly or indirectly in the employment or service of Mira 9, or otherwise under any circumstances whatsoever, arising from, or being in any way related to, any inaccuracy or inaccuracies.

19. Mira 9 does not make any warranty or guarantee of any nature whatsoever, and does not make any representation that (i) its Websites, the material, photographs and images supplied directly by Mira 9 or via its Websites, and any services offered by Mira 9 or via its Websites, will be suitable for any particular requirement; (ii) the information stored in its Websites, or any backup thereof, will be secure; and (iii) its Websites will operate in a timely manner, without interruption, error-free and virus-free.

20. Mira 9, Mira 9, Mira 9 Model Management, www.mira9.co.za, www.mira9.org, www.mira9models.com and www.saweddinginfo.net are proprietary trademarks of Mira 9 Photography cc, Reg. No. 2005/135029/23, and may not be used (i) in relation to any material, product or service that is not supplied by Mira 9; (ii) in any manner which may be confusing; and (iii) in any manner which disparages or discredits Mira 9. Any other trademarks and tradenames mentioned in its Websites or in any material, product or service supplied by Mira 9 remain the property of their lawful owners, and the use of such trademarks or tradenames (i) constitutes neither an endorsement nor a recommendation of their owners; and (ii) is not intended to imply, directly or indirectly, that their owners endorse, or have any affiliation with, Mira 9.

21. This agreement contains the terms and conditions that apply to the use of Mira 9's Websites, the material, photographs and images supplied directly by Mira 9 or via its Websites, and any services offered by Mira 9 or via its Websites, supersedes any previous agreement, and no other agreement between you and Mira 9 shall be binding on Mira 9, and no addition to or variation of these terms and conditions, other than those which may be contained in an official Mira 9 agreement entered into as a result of your use of one or more of Mira 9's services, or those which may be contained in a Mira 9 agreement which has been signed by a duly authorised signatory of Mira 9, shall be of any force or effect whatsoever, unless reduced to writing and signed by a duly authorised signatory of Mira 9.

22. In the event that any term or condition contained herein is found unenforceable, invalid or illegal for any reason, such term or condition shall be revised only to the extent necessary to make it enforceable, without losing its intent, or shall be severable from this agreement if no such revision is possible, and the enforceability, validity and legality of the remaining terms and conditions shall not be affected.