TERMS AND CONDITIONS
1. EXCLUSIVITY: ApertureAlley shall be the only videography service provider retained by the Client for the event. Family and friends of Client shall be permitted to videotape the event, for non-commercial purposes, provided that such person or persons do not interfere with the videographer’s duties. If, in the opinion of the assigned videographer, such person or persons are inhibiting the videographer from performing his or her duties, Client shall require the person interfering with the videographer to stop all further videotaping.
2. VIDEOGRAPHER: Aperture Alley shall assign a videographer from its staff exclusively for Client’s Event. If necessary, assistants to such videographer shall attend the Event. ApertureAlley reserves the right to change any initial assignment and substitute another staff videographer at any time due to illness. Pending on the length of time required to videotape the Event.
3. ILLNESS: In the event of any unanticipated videographer illness ApertureAlley shall make reasonable efforts to substitute another competent professional. If another videographer cannot be assigned in time for the Event, Aperture Alley shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement. ApertureAlley reserves the right to decline outdoor videotaping in the event of inclement weather. Client is responsible for providing an alternate nearby location in the event of inclement weather.
4. PRODUCTION: In the unlikely case that a particular segment of the event is either not recorded, partially recorded, or recorded unacceptably due to an equipment or videographer error, ApertureAlley will not charge the client for that time and will agree to a re-shoot of that segment at no charge to the client. Every effort must be made to have the lighting at all locations set to a level acceptable by the representative(s) of ApertureAlley, ApertureAlley reserves the right to request changes in lighting levels at event locations. Failure to accommodate lighting requirements can cause grainy and unclear video.
5. NON-REFUNDABLE RESERVATION FEES: A reservation deposit of $300 is due upon the signing of this Agreement. Once the Agreement is signed and the deposit is paid, ApertureAlley shall reserve the time and date agreed upon for the Event and will not make other reservations that will conflict with the Event. For this reason all reservation fees are NON-REFUNDABLE.
6. PAYMENT SCHEDULE: The payment schedule will be as follows:
1. $300 deposit before an event to book required date - NON-REFUNDABLE.
2. 100% of the working fee is due on day of shooting
3. Distribution fee should be paid with working fee, but can be postponed if required. Final Product will not be delivered until distribution fee is paid.
Should any check fail to clear the account against which it is drawn (for any reason, including insufficient funds), Client shall pay an additional fee of $35.00 if requested.
7. CHANGE IN DATE: In case of a change in the time or date of the Event, ApertureAlley shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with ApertureAlley Video Productions’ existing schedule, ApertureAlley reserves the right to terminate the Agreement. In the event of such termination, Client shall forfeit any previous non-refundable deposits.
8. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that ApertureAlley may use images from Client’s event for commercial use, including, without limitation, promotional videos for exhibition to other potential clients of Aperture Alley.
9. CREATIVE CLAUSE: It is understood that ApertureAlley is the exclusive official videographer retained by the Client to cover this event. Aperture Alley is granted full editorial, production and content control by the Client regarding all aspects of the production and post-production services. In the case a particular segment of the event is either not recorded, partially recorded, or not a part of the edited master tape, it is at the sole discretion of ApertureAlley as the exclusive Producer of the event’s video recording. If something occurred at the event that Client does not want to appear on the final edited videotape, the Client must instruct ApertureAlley as soon as possible. Any requests for changes to the final edited master videotape, that are not the result of errors by Aperture Alley will be made at the current rate per hour for editing and labor. ApertureAlley cannot guarantee video or audio quality due to restrictions imposed at and/or by the event location but put the effort into doing its best for a pleasing visual and listening experience.
10. STUDIO LIABILITY: Aperture Alley takes the utmost care with respect to the production, postproduction and delivery of the final product. However, if Aperture Alley fails to comply with the terms of this contract, due to any event or act outside the control of ApertureAlley, liability is limited entirely to the reservation fee and any deposits paid. ApertureAlley shall not be held liable for injury or damages exceeding the value of this agreement and limits any liability for loss, damage, or failure to deliver the videos, for any reason to the return of all payments previously made. The client agrees that no further legal action will be pursued.
11. CUSTOMER’S RESPONSIBILITIES SUMMARY: Customer shall be responsible for obtaining, arranging or providing the following prior to the event:
1. Permission from the Event venue to set up video equipment and record video with or without flash. The deposit is not refundable if Videographer is prevented filming because such permission was not obtained;
2. Making sure the Event venue provides Videographer with adequate space and lighting;
3. Credentials or security passes, if required for access to the location(s);
4. Parking pass for Videographer’s vehicle, as close to the location(s) as possible;
5. Contact names and numbers for staff at the location who are responsible for event planning
12. BREAKDOWN OF FEES AND PAYMENT SCHEDULE