Terms & Conditions of business
Pixel Palace Films - Wedding Videography
This Agreement is made effective for all purposes in all respects as of the date signed between Stephen Johnson, trading as Pixel Palace Films hereinafter referred to as “The COMPANY” and the individuals signing hereinafter referred to as “The CLIENT” relating to the event(s) detailed, hereinafter referred to as “The EVENT(S)”.
ENTIRE AGREEMENT:
This agreement contains the entire understanding between The COMPANY and The CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION:
A signed contract and deposit fee are required to reserve the dates and times of The EVENT(S). If The EVENT(S) is cancelled; or if there is a breach of contract by The CLIENT, the deposit fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment of any of The COMPANY’S materials charges incurred up to time of cancellation. If The EVENT(S) is rescheduled or postponed, the deposit fee will be applied to the rescheduled or postponed date providing The COMPANY’S services are still used.
PAYMENT SCHEDULE:
The non-refundable deposit fee is due from The CLIENT prior to The EVENT(S) and within one calendar week of the date the deposit fee invoice is sent via email or post by The COMPANY. The remaining balance is payable in full from The CLIENT within one calendar week of the date the services are completed and sent via email or post by The COMPANY along with a new invoice reflecting the remaining balance. In the event The CLIENT fails to remit payment of the deposit fee as specified, The COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid and not attend the EVENT(S). In the event The CLIENT fails to remit payment of the remaining balance as specified, The COMPANY shall have the right to retain any monies already paid and apply legal action against The CLIENT as well as charging The CLIENT any legal fees paid by The COMPANY. Payment for additional services is made when these are ordered and will be invoiced for accordingly. Any bank charges incurred due to returned cheques will be debited to The CLIENT.
PRICING:
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
CANCELLATION:
In the event of The CLIENT cancelling a booking for wedding videography, The COMPANY reserves the right to retain any deposit fees paid. Should the cancelled The EVENT(S) turn out to be a postponement, then subject to availability on a new date, monies other than
the booking fee may be applied to the new EVENT(S). Should the event be cancelled due to circumstances beyond The CLIENT’S control (ie, injury/illness/government restrictions/guidelines/pandemics/acts of terrorism/acts of God/), The COMPANY will return any deposit payments made by the client. These payments may need to be refunded over a period of time agreed upon by The CLIENT and The COMPANY.
EVENT SCHEDULE:
The CLIENT agrees to confirm the schedule up to one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from The COMPANY by the CLIENT.
SAFETY:
The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if a videographer from The COMPANY experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the videographer from The COMPANY is in question.
SHOOTING TIME / ADDITIONS:
The CLIENT and The COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If The CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to The CLIENT if The COMPANY deems this necessary. However, The COMPANY understands the need for some flexibility throughout the EVENT(S). The COMPANY will honour requests for specific videos subject to the following: weather and time permitting; availability and the co-operation of the person(s) concerned.
EXPENSES INCURRED:
When applicable, The CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by The CLIENT. All travel expenses are based on the distance between the EVENT location(s) and The COMPANY address. For all EVENT(S), the first 30 miles roundtrip of travel are included. All miles in excess of 30 miles roundtrip are charged at £0.40p per mile.
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RESPONSIBILITIES:
The COMPANY will do it’s very best to capture as much of the EVENT(S) as possible but is not responsible for compromised coverage due to causes beyond the control of The COMPANY including but not limited to obtrusive guests, lateness of The CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S) if outside of the schedule provided by The CLIENT. The COMPANY will not be held accountable for failure to deliver images of any specific individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS:
The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on The COMPANY. Negotiation with the officials for moderation of guidelines is The CLIENT’s responsibility; The COMPANY will offer technical recommendations only.
PERMITS:
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which The COMPANY will be performing services.
MODEL RELEASE:
Unless agreed and signed otherwise, The CLIENT hereby assigns The COMPANY the irrevocable and unrestricted right to use and publish photographs of The CLIENT or in which The CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claims to profits that may arise from use of images.
FILM and COPYRIGHTS:
The videos/screenshots produced by The COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without The COMPANY’s explicitly written permission. The copyright in all videos/screenshots created by The COMPANY shall remain their property in accordance with the Copyright, Design and Patents Act 1988. All client information received and videos will be held in accordance with the Data Protection Act. The COMPANY accepts no responsibility for the quality reproduced from re-rendering videos due to variations in hardware, rendering formats and quality settings. If The CLIENT has purchased a “Traditional Video”, The CLIENT has permission to share the video with family and friends and/or burn the video onto DVD/BluRay to share with family and friends. If The CLIENT has purchased a “Highlights Reel” from The COMPANY, The CLIENT has permission to share the video on social networking websites, with family and friends, and on vendor websites as long as textual credit is explicitly given to The COMPANY. The CLIENT must not sell any videos produced by The COMPANY. The original unprocessed RAW files will remain property of The COMPANY and will not be shared with The CLIENT. The CLIENT will receive high quality prepared video files of the selection The COMPANY chooses.
LIMIT OF LIABILITY:
In the unlikely event that the assigned videographer/s from The COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of The COMPANY, The COMPANY will make every effort to secure a replacement from their list of professional contacts. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S). In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond The COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, The COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of videos beyond the lesser of the final delivery of all products included in the package after two months.
CAPTURE AND DELIVERY:
The COMPANY is not liable to deliver every video clip taken at the event. The determination of videos delivered to The CLIENT is left to the discretion of The COMPANY. The COMPANY will endeavour to deliver all the best quality videos taken at the EVENT(S) in light with the chosen package by The CLIENT.
POST PRODUCTION AND EDITING:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of The COMPANY. Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing videos, The COMPANY will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of video clips owing to variations in lighting conditions. The COMPANY cannot guarantee a specific delivery date for edited goods due to seasonal workload but will endeavour to process them as quickly as possible. An estimated delivery time for The CLIENT and updates on progress will be communicated from The COMPANY to The CLIENT.
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