Terms
These terms govern your use of this site and the services NOIRÉ provides. By using the site or engaging NOIRÉ you accept them. If you do not accept them, do not use the site.
01 · The service
NOIRÉ provides professional photography and film production through NOIRÉ Studio, and professional adult talent representation and casting through NOIRÉ Agency. This site is an information and workflow platform for those services. It is not a marketplace, and no booking, engagement or representation exists until a written agreement is signed by the parties to it. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
02 · Eligibility
You must be at least 18 years old and legally competent to contract to use this site or engage our services. Some areas of the site carry mature artistic content and are restricted to adults. The entry acknowledgement is an acknowledgement of that restriction, not identity verification. Misrepresenting your age is a material breach, ends your access immediately, and may be reported. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
03 · Accounts
Portal accounts are personal and may not be shared, sold or transferred. Keep your credentials confidential, use a password you do not use elsewhere, and tell us immediately if you suspect misuse. You are responsible for activity under your account until you notify us. We may suspend an account where we reasonably believe it is compromised or being used in breach of these terms. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
04 · Bookings, quotations and agreements
Anything shown on this site, including session types and indicative pricing, is an invitation to do business and not an offer capable of acceptance. A booking exists only when we issue a written agreement and it is signed. Where the agreement and these terms conflict on a point specific to that engagement, the agreement prevails for that point. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
05 · Fees, deposits and cancellation
Fees, deposits, payment timing and cancellation and rescheduling terms are set in the agreement for each engagement. Deposits secure a date and studio time reserved for you. Where you are a consumer, nothing in an agreement limits the rights the Consumer Protection Act, 2008 gives you, including any cooling-off right that applies to a transaction concluded electronically. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
06 · Intellectual property in the work
Copyright in the photographs and film we produce remains with NOIRÉ unless an agreement transfers it in writing. Each engagement’s agreement defines the usage rights granted to you: the purposes, media, territory and duration. Nothing on this site grants any usage right by itself, and no right is granted until the agreed fee is paid in full. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
07 · Your material and this site
You keep ownership of material you upload. By uploading it you grant NOIRÉ a limited, revocable licence to store and process it for the purpose you uploaded it for, and to show it to the staff handling it. You confirm you have the right to upload it and that every person in it is an adult who consented. Site content, the NOIRÉ name and marks, and this site’s design and code are ours or our licensors’ and may not be copied, scraped or reused without permission. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
08 · Talent representation
Representation begins only under a signed representation agreement, is non-exclusive unless that agreement says otherwise, and is terminable as that agreement provides. Talent are independent contractors and not employees of NOIRÉ unless expressly agreed. Talent set their own work-category consent, may revoke it at any time, and are never presented for work outside a live consent grant. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
09 · Consent is not negotiable
Consent is recorded per work category and is the only thing that makes an engagement eligible. It cannot be waived, purchased, assumed from a portfolio or past work, or overridden by a client, a production, an agreement or us. Withdrawal takes effect immediately for future work. Attempting to induce, pressure or contract around this is a material breach and ends the engagement without refund of amounts already earned. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
10 · Prohibited use
You may not use this site or our services to solicit, offer, arrange, advertise or pay for sexual services; to involve any person under 18 in any way; to produce or request non-consensual, coerced or deceptive content; to record, screenshot, copy, scrape or redistribute private galleries or talent material; to contact talent outside the agency for engagements arranged through it; to harass, threaten or discriminate against anyone; to attempt to breach, probe or overload the platform’s security; or to break any applicable law. We refuse and terminate such engagements, and report them where the law requires. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
11 · On-set conduct
Sets are closed. Nothing happens that was not agreed in advance and recorded. Anyone present may pause or stop at any time without penalty or explanation. Recording devices other than production equipment are not permitted without written agreement from everyone present. Breach of this clause ends the engagement immediately. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
12 · Availability and changes
We aim to keep the site available but do not guarantee uninterrupted access, and we may suspend it for maintenance or security. We may change these terms; the current version is always published here and material changes are notified to account holders by email before taking effect. Continuing to use the service after that is acceptance. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
13 · Warranties and disclaimers
We provide our services with reasonable skill and care. Except as these terms say and as the law requires, the site is provided as it stands, and we do not warrant that it will be error-free or that content on it is complete or current. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud, or under the Consumer Protection Act where it applies. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
14 · Limitation of liability
Subject to the previous clause, neither party is liable to the other for indirect or consequential loss, loss of profit, revenue, business, goodwill or anticipated saving. Our total liability arising out of an engagement is limited to the total fees paid to us under that engagement. Nothing here limits a talent’s or a client’s rights in respect of a breach of consent or privacy obligations. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
15 · Indemnity
You indemnify NOIRÉ against claims, losses and reasonable legal costs arising from your breach of these terms, your unlawful use of the service, or material you supplied that you did not have the right to supply. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
16 · Suspension and termination
We may suspend or terminate access immediately for a material breach, for conduct that endangers another person, or where the law requires. Ending access does not end obligations that by their nature survive, including confidentiality, licence terms, payment obligations and limitations of liability. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
17 · Governing law and disputes
These terms are governed by the law of the Republic of South Africa. We ask that you raise a dispute with us first so we can try to resolve it. Failing that, the parties consent to the jurisdiction of the South African courts, and consumers retain any right to refer a matter to the relevant ombud or the National Consumer Commission. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
18 · Electronic communications and disclosure
You agree to receive communications from us electronically, and electronic records and signatures satisfy any requirement that a communication be in writing. The disclosures required of an electronic-communications service provider by section 43 of the Electronic Communications and Transactions Act, 2002, including our full legal and contact details, are published on the contact page. This wording is a structured development draft and must be reviewed by qualified counsel before launch (task A7).
Questions or requests: contact us.