3. Copyright:
The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). “The Videographer” assigns limited rights to “The Client” (subject to condition 5). “The Client” may reproduce, copy and distribute the videos for personal use only. This is known as a “license to print.”
The client is not authorised to copy and / or pass any videos or derived products to any third party person and / or organisation for commercial use without first gaining permission in writing from the copyright owner (The Videographer). This includes other vendors booked by the client for his or her wedding.
4. Display:
The client(s) hereby allow(s) the videographer(s) to display any videography covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s). Unless otherwise specified in section 24.
5 Licenses, Coverage and Reproduction:
a) The Videographer(s) shall be granted artistic license in relation to the poses videoed and the locations used. The videographer(s) judgment regarding the location, poses and number of videos taken shall be deemed correct.
The Videographer will not be held liable for videos that do not, for what ever reason, meet The Videographers quality criteria and are not shown to the client.
b) Videos taken during the course of the event will be at the discretion of the videographer(s) although every effort will be made to comply with The Client(s) requirements.
It will be at the Videographers discretion if any slideshow (either via laptop or projector) are displayed and will depend on a risk assessment (health & safety and theft of equipment) being carried out.
c) The videographer(s) shall endeavor to video all individuals as requested by the client(s) at some point, but no responsibility will be taken by the videographer(s) on the occasion of leaving somebody out.
d) For a booking involving a church ceremony or at certain venues, the videographer(s) movements are sometimes restricted by the official in charge. The area from which the videographer(s) is able to cover the ceremony may not be the videographer(s) choice and the videographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting (video lights) may be restricted or prohibited. The videoing of parts or even all of the ceremony may be restricted or prohibited.
e) For a wedding or other event booking the videographer(s) shall endeavor to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
f) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the videographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the videographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the videographer(s) are not liable to compensate the client(s) in any way whatsoever.
g) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout video clips. Please note that certain colours do not reproduce exactly in screens.
h) Due to the limitations of computer monitors it is understood that (1) videos appear differently according to the specification of each monitor (2) vidoes will not match images rendered on any particular computer monitor.
i) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the videographer(s) will not be responsible for videos that are not produced due to technical failure, either at the shooting or processing stage.
j) Where videos are made available for use with a personal computer the default operating system shall be latest Apple Mac OS X and Microsoft Windows operating systems. Products may not function on other or earlier operating systems.
k) Where videos are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.
6. Prices:
a) All standard videographic services and optional extras specified in this contract and paid for in full before the wedding are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
b) The client(s) will be liable to pay any additional expenses incurred by the videographer(s) not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of discs, usb's, and other products to non-UK addresses.
c) Travel expenses (other then specified in the contract summary) need to be covered at full cost before the journey takes place.
7. Payments:
a) A booking fee for the amount specified in your contract summary (paid by cash, cheque, credit / debit card or online bank transfer) along with a completed contract will confirm your booking. The booking fee forms part of the total cost of your Package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The booking fee secures the videographer's services for the day and is non refundable in any event.
The videographer will decline any other enquiries for the date upon receiving this fee. The booking fee is payable within 5 working days from the date of booking. After this time the reservation will be automatically removed and the date will become open for booking.
b) The videographer will send out final invoices by email 6 weeks prior to your wedding date.
c) It is the clients responsibility to ensure payment for any outstanding balance is paid in full NO LATER THAN 30 DAYS prior to the contracted date.
You MUST allow sufficient time for cheque clearance.
Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s)
d) Failure to pay thirty (30) days before the date of your wedding will be deemed a breech of contract and result in The Videographer not attending your wedding.
e) All additional goods must be paid for in full on ordering. This includes extra discs, usbs, special editing and rendering of videos, high-resolution digital files, high-resolution long-term cloud storage, and any other services ordered after the event.
f) Title to all goods remains with Gregor Philip until paid for in full by the client(s).
g) All the cheques should be made payable to Gregor Liam Philip
h) You have 14 days from the date of your booking fee being paid (booking fee is £400) to cancel and have your booking fee returned. Your wedding date will then be offered to other clients.
8. Complaints:
Any complaints must be received in writing within seven (7) days of receipt of products purchased (including digital products). This includes videos, discs, usbs, and any other services that have been agreed.
9. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by the videographer(s) owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime, flooding etc).
b) The videographer(s) may contact other videographers in the event that they are not able to attend your booking due to clause 9a). However it may prove difficult or impossible to find a skilled replacement videographer at short notice or at the same price.
c) In the event of cancellation by the videographer(s), or in the unlikely event of total videographic failure (although re-shoots may be arranged if practicable) – the videographer(s) will not be responsible for costs in order to stage re-shoots. The videographer(s) liability shall be limited to a full refund of any deposits and fees paid.
10. Liability for Digital Files and Products:
a) The digital files shall remain the property of the videographer(s) and shall be kept by them for not less than 12 months from the wedding date at one site.
b) Should digital files be lost, damaged or destroyed the videographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the videographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.
c) All orders should be placed with the videographer(s) before the end of a 6-month period starting at the wedding date unless otherwise agreed in writing. The videographer(s) will not be liable for failure to produce any orders placed after this time.
d) Any pre-paid product credits (e.g. for services and extras) not utilised by the clients within 6 months of the date of the wedding will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the videographer(s) and forwarded by standard Royal Mail to the last known address of the clients.
e) It is your responsibility to inform the Videographer of changes to address.
Additional reproduction and postage charges will apply if you do not inform the Videographer of your change of address.
11. Liability for Clients Personal Effects / Belongings / Duty of Care
a) It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Videographer/s does not accept liability for items left with The Videographer/s for any reason. Any items left with The Videographer/s are left entirely at your own risk. The Videographer does not accept any consequential loss for items left with the Videographer.
b) The Client accept that NO duty of care exists with regards to any items left on a temporary basis with the videographer/s unless a full written inventory is provided, with costs and full descriptions of items, and is agreed between the Videographer/s and the clients in writing before hand.
c) The videographer/s may suggest suitable and reasonable particular set ups for videos to the clients and it is assumed the client accepts liability (including with respect to the client’s own Health & Safety) for those videos should the client agree to the videographers request.
d) The client accepts liability for the videographer/s health and safety whilst the videographer/s are working in client homes. (This includes but is not limited to the homes of family members). Where the videographer/s feel unsafe, personally uncomfortable or assess the risk to be unacceptable the videographer/s will inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved the videorapher/s reserve the right to leave immediately without further notice.
e) The client will advise any other venues that they are responsible for the videographer/s health & safety and the videographer/s will take all reasonable and sensible precautions whilst on the premises of other suppliers / venues etc.
12. Cancellation Fees, date and package changes:
a) If The Client(s) should have to cancel a booking, the booking fee and any other fees already paid cannot be refunded and the following cancelation charges will apply:
Less than 5 Months prior to the wedding date stated in Page 1 – 100% of balance outstanding.
5 - 12 months prior to the wedding date stated in Page 1 – 50% of balance outstanding.
All notice to cancel must be given as soon as possible; a telephone call (including voice mail) is acceptable to inform The Videographer as soon as possible; however this needs to be confirmed in writing (e-mail is not acceptable under these circumstances) and sent registered post to the address listed on the last page.
Mobile Number: 07803482043
A working day is defined as Monday - Friday.
b) The Client(s) may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The videographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
c) The Client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.
13. Placing an Order and Receipt of Goods:
a) Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. The videographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.
b) The videographer(s) must be notified either by telephone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period.
d) Due to the nature of the product the videographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
14. Governing Law:
a) Any contract made between the videographer(s) and the client(s) shall in all respects be governed by and construed in accordance with Scottish Law and the parties hereto submit to jurisdiction of the Scottish courts.
b) You agree to the Terms & Conditions of this contract once your booking fee has been paid.
15. Insurance:
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situation arising.
16. Meals and refreshments:
a) Provision must be made with your venue to provide the videographer(s) with a meal (sandwiches are acceptable) during the wedding breakfast (this is not usually taken with your guests as the videographer has important duties to perform during this period). This applies to full day weddings (Up to 1st dance)
b) Where coverage includes up to mid-evening then a second light meal should be available. Where coverage has been agreed to include a videographer's assistant then the same conditions apply for this individual.
17. On the day:
a) The videographer is the only authorised videographer for the day. Other professional videographers, content creators etc. are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.
b) The videographer is contracted to shoot all video relating to the event and no other person is permitted to shoot videos for sale or as gifts unless agreed in writing before the day. This includes guests (except for their own personal non-commercial use) and other wedding vendors e.g. a photographer may not shoot video other than a small quantity to illustrate the photography service. Breach of this condition shall be deemed cancellation of the contract by the clients.
c) An inconsiderate guest can disrupt the videographic record of your special day. Coverage may be cancelled without warning at the discretion of the videographer if the videographer feels threatened or has reason to believe that equipment may be damaged or stolen.
18. Delivery Time Frames
1 Minute Teaser (72 Hours following completion of wedding day)
Highlight Film (3 Months from Wedding Day)
Feature Length Film (3 Months from Wedding Day
Ceremony/Speeches Multicam Video (3 Months from Wedding Day)
*During summer wedding season please allow 2 weeks extra for busy periods
19. Replacement Products
Where the client/s wedding package includes copies of all edited videos (wedding or pre-wedding) for personal use on either a CD ROM / DVD or USB Memory Stick client/s are advised to make a back up copy.
Reproduction of such videos will incur further charges to cover costs (time, materials, postage etc) at the prevailing rate at the time of request.
20. Image Manipulation
The Videographer will apply a range of standard colour grading techniques to the client/s wedding videos. This includes, but is not limited to, colour manipulation, sharpening and Black & White and /or Sepia conversions.
The client/s shall not be charged for the removal of features that are not normally present. This includes but is not limited to items such as stress spots, cold sores and shaving / heat rashes.
Wherever possible the videographer will attempt to avoid distractions in the background; however the nature of weddings and wedding videography makes this hard to achieve this 100%.
The videographer reserves the right to refuse requests for any video manipulation where, in the opinion of the videographer, the requests are excessive.