Basic Videography Terms & Conditions

 

Booking & Payment

The payment of the 300 must be paid within 7 days of signing to execute the Agreement. Client has a 14 day cooling off period before this fee becomes non-refundable. The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Videographer will reserve the time and date agreed upon by both parties. The Client agree that this non-refundable payment is earned by the Videographer when paid, and is remitted in consideration of the experience, reputation, skill of the Videographer, and in consideration of the inability of the Videographer to schedule other clients during this time.

The remainder of the balance of the final invoice is due 8 weeks prior the event date.

Once payments are made, they are non-refundable. If complete payment of the balance owed is not received at least 8 weeks prior to the event date, Videographer may be relieved of all remaining contractual obligations, Client will be responsible for the full amount of this Agreement.

Acceptable payment methods include cash or debit card. Client assume responsibility for any and all collection costs and legal fees incurred by Videographer in the event enforcement of this Agreement becomes necessary.

Pre-Wedding Consultation & Requests

The Videographer and Client agree to a pre-event consultation/ phone call at least one (1) week prior to the wedding. The consultation will work to finalise the schedule, locations, and the Client’s particular requests.  All specific video requests will be received by Videographer at least five (5) days prior to event.

Cancellation & Failure to Perform

If for any reason Client cancels this Agreement less than sixty (60) days prior to or on the wedding date, the Videographer will keep the initial nonrefundable payment and any additional monies paid to Videographer. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation at least sixty (60) days prior to the event date, the Client will be required to remit the remaining balance of the Agreement.

If the Client submits a written request to reschedule services at least sixty 60 days prior to the event date, the initial nonrefundable payment may be applied to the new date within the next calendar year if Videographer is available. In the event the reschedule request occurs within sixty (60) days of the original event date, the Client may be required to remit a new initial nonrefundable payment, as set forth in the Videographer’s Standard Price List at time of request. All reschedules are subject to Videographer’s discretion.

If the Videographer is unable to perform this Agreement due to impossibility, illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Videographer, the Videographer will make every attempt to provide a Substitute Videographer per the provisions in this Agreement.

The Substitute Videographer is chosen at the discretion of the Videographer and does not constitute a breach of this Agreement. The Videographer warrants the Substitute Videographer to be of comparable quality and professionalism.

In the event a substitute can not be obtained for the event date, the action of the client is limited to a request of refund of all monies paid-to-date to Musk Photography and Films. The client agrees that no other legal or pursuant action may be taken against Musk Photography and Films. In this event, Videographer will:

    • Immediately give written notice to Client;
    • Issue a full refund;
    • Excuse Client of any further performance and/or payment obligations in this Agreement
    • If cancellation occurs, services rendered before cancellation will be invoiced based on the videographer’s standard price list.

 

Exclusive Videographer & Videographer Team

Client may not retain another videographer for this event, although Client may retain photo booth operators and photographers which are excluded from this provision, so long as the primary service provided does not constitute video coverage.

For collections including a Secondary Shooter, the Videographer retains discretion in selection of individuals.

Intellectual Property & Creative License

The Videographer will retain copyright ownership of all video works under this Agreement, including but not limited to all videos in their original and processed formats.

All videos are edited at her discretion and delivered videos will not include all clips shot. Videographer reserves the creative right to edit and release only those deemed professional in quality and within her artistic and creative standards.

Videographer will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Videographer’s current portfolio and Videographer will try to incorporate any reasonable suggestions made by Client. However, Client understand and agree that:

  • Every client and wedding is different, with different tastes, budgets, and needs.
  • Videography services are often a subjective art and Videographer has a unique vision, with an ever-evolving style and technique.

  • Videographer will use her artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions.
  • Although Videographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Videographer will have final say regarding the aesthetic judgment and artistic quality of the Services. It is acknowledged that any lists submitted by the Client for specific video will be used for organisational purposes only and in no way represent the videography that Videographer will be obligated to produce.
  • The Videographer is bound to guidelines and policies of venue officials or management.  The Client agree to accept the technical results of their imposition on the Videographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility.  Any additional permits or fees required by the venue or local jurisdiction will be the responsibility of the Client.
  • Videographer is not responsible for lost opportunities due to other cameras or flashes, the lateness of the Client, guests, or other principles, nor is she responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the videography coverage.
  • Dissatisfaction with Videographer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Safe Working Environment

The Client agree to undertake the best efforts to ensure that guests and attendees at the wedding treat the Videographer and her staff with respect and dignity and that the Videographer is provided with a safe working environment.

Should an issue arise, the Videographer will make reasonable effort to contact the designated Point of Contact … to handle the matter. If the situation is not remedied in a reasonable amount of time, the Videographer retains the right to cancel the remainder of the event.

Safe working environment issues include but are not limited to, guests, attendees or other vendors of the wedding committing any instances of sexual harassment, violence, threats, or other similar behaviour that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client will not be entitled to any refund.

Videographer’s Standard Price List

The charges in this Agreement are based on the Videographer’s Standard Price List. This price list is adjusted periodically. Pricing will be honoured for the Standard Price List existing at time of this Agreement and for up to three (3) months.  After three (3) months, all new orders will be charged at the prices in effect at the time when the order is placed.

All prices do include sales tax, shipping and/or fees.

Meals and Breaks

When videography coverage exceeds six (6) hours or more, the Client agree to provide a hot meal for Videographer and designated team members. Further, when the videography coverage exceeds four (4) hours, the Client will allow a fifteen (15) minute break for Videographer and designated team members.

Completion Schedule

Completion schedules and delivery of products will be 8-12 weeks. The Videographer will not be held liable by third-party manufacturing laboratories (for USB) that are utilised for products and may provide restrictions on an order not outlined in this Agreement. If restrictions arise, the Videographer will communicate with client to extend the existing timeline.

Travel and Overage Fees

Travel expenses may apply to all travel requiring 30+ miles outside of Videographer’s primary business location of Farnborough, Hampshire. Events requiring 200 miles of travel outside of Videographer’s primary business location will require a one-night hotel stay, to be paid for by the Client.  All travel and lodging expenses will be invoiced by Videographer and paid by Client at least sixty (60) days prior to event date. Travel will be invoiced separately from the charges for services outlined in this Agreement. Any applicable travel expenses will have been agreed prior to receiving this contract.

Venue Guidelines

The Videographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Videographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility.  Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.

Limit of Liability

Maximum Damages. Client agree that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Videographer.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Videographer will refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. Client agree to indemnify and hold harmless Videographer for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. Videographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.

Indemnification

Client agree to indemnify, defend and hold harmless Videographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Videographer provides to Client. Claims against Videographer for the delivered artistic works must be brought to Videographer’s attention within fourteen (14) days from date of receiving the goods. After this, the Client waive any right to submit a claim to Videographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.

Construction & Severability

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any party.

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Miscellany

This Agreement incorporates the entire understanding of the parties.  Any modifications of this Agreement must be in writing and signed by both parties.  Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

This Agreement will be construed under English law, without regard to its choice of law provisions. The common law and civil law courts for England will have exclusive jurisdiction over any dispute arising under or relating to this Agreement. The parties agree to proceed with a bench trial, and each hereby waive any right to a jury. In any such suit, the prevailing party will recover all costs incurred and a reasonable lawyers fee.

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