Contract terms and conditions

 

In the following Terms and Conditions:

 

“Business” shall mean Shelby Productions

 

“Client(s)” shall mean “You” the Parties to the Contract;

 

“Event” shall mean the Event title inserted into the Contract; “Videographer(s)” shall mean Shelby Productions

 

“Products” shall mean any discs, USB’s or other items listed in the Contract;

 

“Services” shall mean Videography to be carried out at the Event and any other Services agreed between the Client(s) and the videographer and set out in the Contract;

 

It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

 

Booking Fee £150

 

The Videographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Videographer may offer the Date of Event to another client.

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The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.

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Payments

Shelby Productions will be in contact with you approximately [4-6] weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary. Any remaining balance is to be paid in advance of that meeting date. All payments must be received in cleared funds prior to the Event.

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Following payment of the Booking Fee, the balance of fees due is to be paid as follows:

• The remaining balance is due 6 weeks prior to the Event Date

• Payment for any additional images or products must be made at the time of order. Failure to make payment by the dates stipulated may result in cancellation.

All cheques should be made payable to Shelby Productions. Bank Transfer (BACS) payments may be accepted by prior arrangement. Late payments or returned cheques will attract an administration charge of £10.00.

No footage will be delivered until all payments have been received in full in cleared funds.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

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License and Coverage:

The Videographer(s) shall be granted artistic license in relation to the poses filmed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Videographers’ judgement regarding the location, poses and number of videos taken and /or given to the customer shall be deemed correct and not subject to dispute.

 

For Events involving a church ceremony or at certain other venues, the Videographer(s) movements are sometimes restricted by the minister of official in charge: filming of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Videographer(s) cannot accept responsibility for limited coverage in such circumstances.

 

Whilst the Videographer(s) shall endeavour to fulfil the Clients’ requirements, the Videographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

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Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Videographer(s) and should be agreed in writing. Where the Videographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Videographer(s) are not liable to compensate the Client(s) in any way whatsoever.

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Use and Display of footage

The Clients hereby allow the Videographer(s) to display any footage relating to the Contract and to generally promote the Business in the Videographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the footage are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such footage. Footage placed in password protected galleries within the website are not available to the general public in the normal course of events. The Videographer(s) agree not to resell any footage to a third party other than with prior written consent.

 

Timescale

Please allow around 8-20+ weeks for all footage to be properly edited, cropped and ready. Times may vary due to peak seasons and holidays.

 

Reorders

All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.

 

Products

In the event a product is no longer available a suitable alternative of similar quality will be offered. The videographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

 

Ownership

Any digital files shall remain the sole property of the Videographer(s) at all times. All completed films and products shall remain the property of the Videographer(s) until full payment is received.

 

Copyright

Any footage or copies of footage whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such footage are protected by the Copyright and Design Act 1988 and remain the copyright of The Videographer(s) at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied video graphically, electronically or by any other means an image created as part of this contract without the written permission of the Videographer(s).

 

Substitution

In the unlikely event that the assigned Videographer is unable to attend your Event due to unforeseen circumstances Shelby Productions reserves the right to appoint another suitable Videographer(s) to attend the Event on our behalf to undertake the Videography to his/her best ability.

 

Insurance & Limitation of Liability

The Videographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.

 

Neither party shall be liable for any indirect or consequential loss.

 

Force Majeure

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Videographer(s) attend an Event to perform the Services and any of the Parties fail to attend.

 

Cancellation

Where the Videographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Videographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

 

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Videographer (s). In such circumstances, the Client will be liable to pay the Videographer(s) the following sums-

 

Notice received 18 months prior to the wedding date or more: £300 cancellation fee.

 

Where no package has been selected on the original booking form, the agreed balance will be accepted as being £1,000 and the date of cancellation will be deemed to be the date the Videographer(s) receives written Notice of Can- cellation, as confirmed by the Videographer.

 

Where an Event is postponed until a later date and, subject to the alternative date being available, the Videographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client. A £50 rescheduling fee would be payable to re-advertise the available date.

 

Your Right to Cancel

Under the consumer credit act you are entitled to a cooling off period which ends 14 days after the contract has been signed or in cases where customers have booked via the internet or via the phone 14 days after the initial booking fee was received .

 

Conduct & Safety

The Videographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest Videographers for the attention of the subjects. Unchecked guest conduct that interferes with Videography may seriously affect the quality of the footage taken and increase the number of times footage must be re-taken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the

equipment of the Videographer, it will result in the early or immediate departure of the Videographer. The Client understands that in such an event, no refunds will be granted.

 

VAT

All prices quoted are inclusive of V.A.T at the prevailing rate (if applicable).

 

Complaints

All complaints should be raised by the Client directly to the Videographer in writing within 14 days of the occurrence which gives rise to the complaint. The Videographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Videographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

 

Notices

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.

 

Governing law and jurisdiction

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with UK Law and that the courts of Scotland, England and Wales shall have exclusive jurisdiction to settle any dispute or claim.