Terms and Conditions
THE VIDEOGRAPHER - Toby Sleigh-Johnson
THE CLIENT - All those who have agreed to the terms and conditions.
It is open to THE CLIENT to seek to amend any clause which he/she considers unreasonable.
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between THE VIDEOGRAPHER and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon your signature and retainer THE VIDEOGRAPHER will reserve the date agreed upon, and will not make other reservations for that date. For this reason, the retainer of £350 is non-refundable, even if the date is changed or the wedding cancelled for any reason, but not limited to, acts of God, fire, strike and/or extreme weather. The retainer is to be paid before or at time of signing the contract. The retainer is applied towards the agreed package. THE CLIENT understands and agrees that the entire amount owed for the package described in the contract is due 10 weeks prior to the wedding date.
3. STYLE OF VIDEOGRAPHY: THE VIDEOGRAPHER shall be granted creative and artistic license in relation to the choice of locations and shots used. THE VIDEOGRAPHER’S judgement on style shall be deemed correct. Style of filming/editing is clearly portrayed within the samples available on the website www.handcraftfilms.com
4. COVERAGE: THE CLIENT understands that the period of time which the videographer is paid and employed for is inclusive of refreshment breaks. It is THE CLIENT’S responsibility to ensure that the coverage time purchased covers all elements of the day that are desired to be captured taking into account any unforeseen delays. All sections of the film, other than the wedding ceremony and speeches, are deemed to be highlights of the day. Though the VIDEOGRAPHER makes every effort to capture the major events of the day, the filming is by no means comprehensive and no shots of particular events, individuals or locations are guaranteed. No hymns, sermons or prayers will be recorded (though readings by family and friends will be included) during religious ceremonies unless requested and agreed upon prior to the event. Unless requested in writing prior to the event, audio will only be recored during the ceremony and speeches. Recording of audio, other than the vows and edited speeches, will not be guaranteed. Extra coverage, if agreed to by both THE CLIENT and THE VIDEOGRAPHER, will be charged at the hourly rate of £50. Extra coverage charges will be rounded to the nearest half hour. THE CLIENT understands that footage will not be released until any outstanding coverage payments are settled.
5. VIDEO EDITING: THE VIDEOGRAPHER does not guarantee a set running time for the finished film, but it will not exceed 60 minutes. THE VIDEOGRAPHER will make the final decision on what must be cut to not exceed this running time. THE CLIENT understands that the finished film provided is the final version THE CLIENT will receive. THE VIDEOGRAPHER holds the right to delete any footage in the process of editing. THE VIDEOGRAPHER holds the right to decide how the footage should be displayed in the final film. THE CLIENT understands no unedited footage will be provided under any circumstance or stored by THE VIDEOGRAPHER. The editing process is generally completed within 14 weeks of the wedding date, however time scales may be extended during busy periods. If THE CLIENT orders extra products after the wedding date THE CLIENT agrees that the balance must be paid in full before extra products are placed into production. EXACT COPIES of the discs may be ordered up to one year after the wedding date, however this service is not guaranteed.
6. CANCELLATION: After a period of 14 days from the date of signing the contract, the following charges apply as a percentage of the total fee due. (Number of days before the wedding) 60 days or less - 100% 61- 90 days - 75% 91-120 days - 50%. In the event that THE CLIENT cancels the contracted services for wedding videography outlined in this contract before 120 days the retainer will be forfeit. Should the cancelled wedding turn out to be a postponement, then, subject to THE VIDEOGRAPHER’S availability, all money paid may be applied to the new wedding booking.
7. HOUSE RULES: THE VIDEOGRAPHER is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the videography. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility. Any charges made by the venue(s) for the attendance of a videographer must be covered by THE CLIENT.
8. DISCS, DIGITAL FILES, PRODUCTS and COPYRIGHTS: The footage, digital files or discs produced by THE VIDEOGRAPHER are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without THE VIDEOGRAPHER’S explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting footage will be transferred to THE CLIENT under the following conditions:
· The digital files/discs are the property of THE CLIENT for personal use only. They may not be reproduced.
· THE CLIENT must obtain written permission from and agree a fee with THE VIDEOGRAPHER prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the film for profit.
THE CLIENT UNDERSTANDS THAT ANY BREAK IN PART OR IN WHOLE OF THIS SECTION (8.) WILL RESULT IN PROSECUTION.
9. MODEL RELEASE: THE CLIENT hereby assigns and grants THE VIDEOGRAPHER the irrevocable and unrestricted right to use and publish footage of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases THE VIDEOGRAPHER and assigns from all claims and liability relating to said footage. It is agreed that THE VIDEOGRAPHER may display and use the footage taken for advertising, display, website and internet promotion, contests, public display and any other purpose thought proper by THE VIDEOGRAPHER.
10. EXCLUSIVITY: It is understood that THE VIDEOGRAPHER will act as the sole and exclusive wedding videographer. THE CLIENT acknowledges that they are responsible for notifying all of their guests that they must not interrupt, directly or indirectly at any time while the professional videography is in session.
11. GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any requested information and to be cooperative to THE VIDEOGRAPHER.
THE VIDEOGRAPHER will not tolerate any behaviour considered to be verbally or physically abusive before, during or after the wedding date. If THE CLIENT is unable to control the conduct of their guests resulting in an unacceptable degree of disruption; or if any equipment belonging to THE VIDEOGRAPHER is damaged as a direct result of a guest’s negligence, it will result in the early or immediate departure of THE VIDEOGRAPHER and termination of all contracted services. THE CLIENT understands that in such an event, no refunds will be granted.
12. COMPLETION SCHEDULE: The editing process can only start once THE VIDEOGRAPHER receives the music choices and any other requested information or materials required. Editing takes approximately 14 weeks. This timeline is to be used as a guideline to estimate APPROXIMATE delivery dates. These time scales are dependent on the work flow of THE VIDEOGRAPHER and its associated laboratories. THE CLIENT agrees that THE VIDEOGRAPHER cannot be held responsible for extended time scales. Photos will be required for the disc case artwork and must be provided by THE CLIENT before completion of the editing process.
13. PAYMENTS: THE CLIENT agrees that a £350 retainer is required at the time of contract acceptance and 100% of the remaining balance is due no later than 10 weeks prior to THE CLIENTS wedding date. Failure to meet these payment deadlines may result in the booking being cancelled. THE CLIENT understands that in such an event, no refunds will be granted.
14. FINAL DELIVERY: THE VIDEOGRAPHER will deliver the discs/digital files and any additional material once the editing process is completed. Exact copies of the discs/digital files can be ordered from THE VIDEOGRAPHER at the specified tariffs.
15. METHOD OF REMUNERATION: Payment may be made in cash, by cheque or bank transfer as detailed on the booking form.
16. PENALTY FEES & CHARGES: There is a £50.00 late payment fee for any payments that are not postmarked or delivered to THE VIDEOGRAPHER by the required date, as stated on your invoice. THE CLIENT’S understand that all monies owed to THE VIDEOGRAPHER must have cleared by the final payment date to avoid late payment charges.
17. RIGHT OF WITHDRAWAL: THE VIDEOGRAPHER’S discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should THE VIDEOGRAPHER initiate the withdrawal, all fees will be returned, excluding retainer as well as fair market value for all services/products already provided. In case of withdrawal, £100.00 an hour is charged for all videography (filming and editing) services already provided and £50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
18. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative videographer. THE VIDEOGRAPHER will make every effort to secure a replacement videographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
THE VIDEOGRAPHER takes the up-most care with respect to exposure, transportation and processing of footage. However, in the unlikely event of THE CLIENT’S footage being lost, stolen or destroyed for reasons within or beyond THE VIDEOGRAPHER’S control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price agreed upon. The limit of liability for a partial loss of footage shall be a prorated amount of the footage lost.
19. NON-GUARANTEE: Although every possible care will be taken to produce footage of all important and special events during the wedding, THE VIDEOGRAPHER cannot place an unconditional guarantee on the above.
20. PERFORMANCE: The performance of this contract on behalf of THE VIDEOGRAPHER shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
21. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
22. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and THE VIDEOGRAPHER at the time of acceptance of this contract shall be recognised as amendments to this contract.
23. AFTER FILM COMPLETION: THE CLIENT will reside with the fact that THE VIDEOGRAPHER has performed to the best of his ability with regard to the specific task and that THE VIDEOGRAPHER has no further responsibility towards the finished product. All footage taken by THE VIDEOGRAPHER is colour corrected. Due to THE VIDEOGRAPHER retouching colour tones, adding transitions, effects and other detail, the finished film may differ to THE CLIENTS viewing expectation. THE CLIENTS understand that all footage is produced with the utmost care for the best artistic results. Unless error occurs through the manufacturing of discs, THE VIDEOGRAPHER reserves the right not to issue reprints. Any requested alteration to the film is at THE VIDEOGRAPHER’S discretion and will incur an agreed charge. Such alterations must be requested in writing within 4 weeks of the date the completed film is dispatched, after which point all source footage will be deleted and no further changes can be made to the finished product.
24. PUBLIC LIABILITY:
24a. THE VIDEOGRAPHER’S total liability to THE CLIENT in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with this contract shall be limited to the price paid by THE CLIENT under this contract;
24b. To the extent permitted by law, expressly excluded are all conditions, warranties and other terms which might otherwise be implied by statute, common law or otherwise;
24c. Subject to clause 24d of these terms, THE VIDEOGRAPHER shall not be liable by reason of any misrepresentation or any breach of warranty, condition or other term express or implied in this contract, or any breach of duty (common law or statutory) or negligence for any loss, damages or expenses claimed to have been incurred by THE CLIENT;
24d. Nothing in this contract shall exclude or restrict the liability for death or personal injury resulting from THE VIDEOGRAPHER’S negligence or his liability for fraudulent misrepresentation.
Please note that all prices (other than the agreed package price) are subject to change without any prior notice.
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