Performance: Video In Progress, (the ‘filmmaker’) agrees to capture, record, store, and edit video and audio (the ‘footage') of the wedding day activities (the “wedding”) into a cinematically styled film (the ‘wedding film’), for the agreed upon sum total of the contract as outline above, to be paid in accordance with the terms and conditions of this contract (the ‘agreement’) as stated both above and below. Accepting any service outlined in this agreement shall deem this agreement valid. The filmmaker agrees to perform the outlined coverage of the wedding and deliver the wedding film to the client in accordance with the timing outlined on the proposal and this agreement.
Coverage: The filmmaker agrees to record footage of the wedding, including but not limited to, bridal preparations, the wedding ceremony, the wedding reception, and accompanying shots that add complementary aesthetic value to the wedding film, known as b-roll. All footage recorded on the wedding day is at the sole discretion of the filmmaker and varies depending on the professional opinion and determination of the filmmaker. Coverage is determined based on proprietary factors, including but not limited to the industry-accepted practices of events coverage, and the expectations of the wedding film content. A wedding day itinerary is required prior to the wedding to determine the coverage plan for the wedding. The filmmakers are not liable for coverage of events and/or occurrences not included in the provided itinerary.
Drone Footage: The filmmaker reserves sole discretion on the operation of the drone on the wedding day. The drone will only be used to collect b-roll footage and should not be relied upon by any party for any performance and/or coverage. Operating the drone will only be done when it is deemed appropriate by the filmmaker. Inclement weather, flight restrictions, location restrictions, wind, rain, and/or any other environmental condition can and will prevent safe drone operation.
Payments: An initial payment of 50% of the total sum value of this agreement is due on the date of acceptance of the agreement, and is considered earned upon receipt, as the payment secures the date of the wedding as well as covers the cost of pre-production planning of the coverage and performance of the agreement. Failure to pay initial payment within 72 hours of approval of the agreement will result in the agreement being cancelled. The balance of the agreement is due on or before the wedding day. The filmmaker reserves the right of refusal to begin coverage if payment is not received prior to the wedding day. In the event of any additional services added after acceptance of this agreement, or in the case of any modification of this agreement, any additional fees owed shall be due on the date of modification. All payments made on this agreement are non-refundable.
Cancellation: Any cancellation at the request of the client shall void this agreement and forfeit any payments to the filmmaker. In the event of a rescheduling by the client, the filmmaker reserves the discretion to apply previous payments to the new date, if the filmmaker is available for the new date. The filmmaker reserves the right to cancel this agreement at any time by refunding the total sum of payments made to the client. A cancellation of this agreement by the client should be made in writing and received by the filmmaker no later than 60 days prior to the wedding date.
Filming Times: Coverage time for the wedding day is limited to the timeline submitted by the client to the filmmaker prior to the wedding day. Coverage begins and ends at the sole discretion of the filmmaker. Typical filming times start during the period of bridal preparations at the beginning of the wedding day and end after the formal events of the reception have completed. Typical filming times do not exceed 12 hours of the wedding day, although all filming times are subject to change at the discretion of the filmmaker.
Itinerary: The filmmaker requires an accurate itinerary and/or timeline of events of the wedding day by 14 days prior to the wedding day. The itinerary should include times for both the bridal and grooms party preparations, including but not limited to locations, number of members, and activities, such as hair, make-up, dressing, gift exchange, first look, etc., as well as estimated times for the wedding ceremony, activities during the period between the ceremony completion and the reception, and the timing of events during the reception.
Artistic License: The filmmaker reserves the right to determine what footage is included in the wedding film. The filmmaker maintains the right to include and/or omit any and all elements of the wedding day in the creation of the wedding film. The filmmaker agrees to consider the requests of the client in determining importance of various elements of the wedding; however, the filmmaker maintains creative control over the creation of the wedding film, as the film is an artistic representation of the filmmaker. Any references to length of wedding film are estimates based on the professional experiences and opinions of the filmmaker and subject to change. Minimum film lengths shall be met; however, films may run longer than stated at the discretion of the filmmaker to ensure accurate artistic representation is conveyed.
Delivery: The completed wedding film shall be delivered to the client via digital download of the wedding film file via email. The wedding film shall be a .mp4 file containing a full, high definition version of wedding film at a minimum resolution of 1080p. The wedding film shall be delivered to the client no later than 1 calendar year from the date of the wedding, unless otherwise stated. The filmmaker is not liable for delayed delivery beyond the agreed time due to circumstances outside the filmmaker’s control, including by not limited to extended illness, fire, or any other casualty, strike, act of god, and/or natural disaster. Delivery time is subject to extension beyond the 1 calendar year timeframe in the instance of accommodations to the client, including but not limited to requests for revisions, inclusions, music licensing, and/or modifications to the agreement.
Copyrights: Any product delivered by the filmmaker is covered by common-law copyright protection as a creative work of art and all rights of ownership remain the property of the filmmaker. The filmmaker conveys irrevocable right of use to the client upon delivery of the wedding film, although requests to be credited for the creation when publicly displayed and/or promoted. The filmmaker reserves the right to publicly display, present, and promote the wedding film, including but not limited to use in the filmmaker’s portfolio, marketing purposes, and/or demonstrations of the artistic work of the filmmaker.
Music Rights: Any music used in the creation of the wedding film is subject to proper licensing. The filmmaker reserves the right to select music for the wedding film based on the availability of usage rights. No songs, melodies, sound effects, or any other copyright-protected music will be used for the production of the wedding film without securing the proper right of use. The use of client requested songs for the wedding film are at the sole discretion of the filmmaker and may require an additional fee if the music rights require payment for use.
Accommodations: The filmmaker requires cooperation from the client, the wedding party, and other vendors at all times during the wedding day. Accommodations shall be provided to the filmmaker in regard to lighting and environmental control all events of the wedding day. The filmmaker is not liable for poor performance of picture quality if lighting accommodations are not made. Venue restrictions should be addressed by the client prior to the wedding day. The filmmaker requires accommodation in regard to audio recording during all times of the wedding day. Any and all audio recording devices shall be placed, controlled, and manipulated by the filmmaker only. Failure to provide adequate access, permission, and/or timing for the placement and use of audio recording shall forfeit performance requirements of this agreement. The filmmaker(s) shall be provided a vendor meal during the approved mealtime of the wedding day, along with an adequate break to eat. Weddings taking place outside the standard service area of the filmmaker (‘travel weddings’) shall require additional fees to cover the cost of travel. Travel accommodations shall be provided by the client and confirmation sent to the filmmaker no later than 14 days prior to the wedding. Failure to provide accommodations voids this agreement. The standard service area of the filmmaker is the Delmarva Peninsula.
Interference: The filmmaker is not liable for any and all interference of footage by any other party, including but not limited to wedding vendors, guests, photographers, caterers, entertainment, planners, coordinators, venue staff, or any other party. The filmmaker is not liable for interference from environmental elements, including but not limited to wind, water, rain, thunder, wildlife, and/or any other object or element in the vicinity of the wedding. The filmmaker requests the client inform wedding guests to limit interference of the filmmaker and/or request an ‘unplugged’ wedding to ensure guest and wedding party members do not create an interference.
Equipment: Any and all equipment belonging to, or being used by the filmmaker, including but not limited to cameras, lenses, lighting, audio gear, mounting accessories, tripods, stands, and/or any other filmmaking gear shall be provided a reasonable duty of care by the client for safety and security during the entire wedding day. The client shall be liable for any loss of equipment due to damage, destruction, theft, fire, and/or any other incapacitation by any party unrelated to the filmmaker. Reimbursement for the full replacement value of any equipment that becomes damaged, destroyed, stolen, and/or incapacitated in any way shall be made immediately to the filmmaker. The filmmaker is not liable for the loss of footage and/or the ability to perform due to a breach of a reasonable duty of care by anyone unrelated to the filmmaker.
Insurance: The filmmaker, at all times during the agreement period, shall maintain general liability insurance coverage of at least $1,000,000, and shall, at the request of any party, provide a certificate of insurance to validate coverage. The filmmaker shall be held harmless from any liability outside the scope and limits of the insurance policy. The filmmaker shall be limited in liability to the deductible cost of an insurance claim.
Releases: Any and all affiliated, contracted, hired, invited, and/or any other party in attendance of the wedding shall waive rights to images and sounds of themselves and/or their likeness recorded and/or captured during the wedding day. Any and all locations of the wedding day shall waive their rights to images and sounds of themselves and/or their likeness recorded and/or captured during the wedding day. The client is responsible for acquiring the necessary permissions and/or releases required by any person(s) and/or location(s) of the wedding day if required. The filmmaker is not liable for any disputes or claims due to the waiver of rights by any party associated with the wedding.
Disputes: The filmmaker reserves the right of arbitration for any and all disputes that may arise as a result of the actions and/or inactions, performance, satisfaction, and/or any complaint that may arise. This agreement is governed by the laws of the State of Delaware. The filmmaker is limited in liability for any disputes that may arise to a sum not to exceed the value of the agreement. In the event of default on the client’s behalf, the filmmaker reserves the right to seek damages for any and all costs of recovery, including but not limited to any legal fees, collections fees, and/or any other charges associated with recovery.
Disclosure: The filmmaker is not liable for any errors and/or omissions contained within this agreement by either the filmmaker and/or the client. This agreement is not considered valid unless and/or until it is signed and dated by both parties.