TERMS AND CONDITIONS

“We” are:

Michael Sreenan trading as Moon River Films of 18 Raby Road, Redcar, TS10 2HE.

(“The Videographer”)

“You” are:

The customer purchasing Goods and/or Services from us (and where there is more than one person, they shall be jointly and severally liable).

(“The Client”)

Assignment

  1. The Assignment is to cover your Wedding Event

1. Price and Payment

  1. The Price for the Assignment is set out in our Quotation (“the Price”).  There is no VAT.  This Price includes attendance at the Assignment and the films set out in the package sent to The Client post Event, by email or in other digital transfer/formats.  This Price also includes any expenses that will be incurred by The Videographer, unless separately agreed in writing.

  2. A Deposit (“the Deposit”) of £200 shall be paid upon entering this agreement and The Videographer’s invoice for the Deposit will follow – please refer carefully to Clause 3.

  3. The Price and the Deposit shall be the Fees of The Videographer. The Videographer shall invoice The Client for the Price of the package minus the Deposit four weeks before the Event and all Fees shall be paid in advance (and at the latest 14 days before the Event) in full.

  4. In the event that The Client requires any additional editing once a film has been delivered then an additional Fee may be levied which shall be agreed between the parties before any post processing work is undertaken.

  5. In the event that The Client requires post Event products (e.g. extra USB sticks) then an additional Fee may be levied which shall be agreed between the parties before any products are sourced or created.

2. Cancellation of Agreement and the Deposit

  1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email, subject to the matters set out in this clause.

  2. If The Videographer cancels the Assignment, the Deposit will be repaid to The Client within 14 days of cancellation, and no further sum or compensation will be payable to The Client by The Videographer arising from such cancellation.

  3. If The Client cancels the Assignment within 14 days of entering into the contract, then the Deposit shall be repaid to The Client in full. If The Client cancels the Assignment at any time thereafter, the Deposit is forfeited and will not be repayable to The Client under any circumstances.

  4. In addition, if The Client cancels this Assignment less than 120 days before the Event, then a sum of 50% of the Price (less the Deposit paid) shall be due to The Videographer.

  5. If The Client cancels this Assignment within 30 days of the Event, then a sum of 75% of the Price (less the Deposit paid) shall be due to The Videographer.

3. Licence of Images to Client

  1. The Client acknowledges that The Videographer owns all right, title and interest in and to the Images and that The Client has no right to use any of them outside the express Terms of this agreement.

  2. Money paid to The Videographer includes a fee for the grant of a licence in the terms of this paragraph.  The licence arises only after The Client has paid The Videographer the money due under this agreement.

  3. The licence is personal, irrevocable, non-transferable and non-sub-licencable. The licence specifically allows The Client to use images on a website, on social media channels, in other digital format or in print form and to share extensively through such channels, subject to The Client acknowledging The Videographer’s rights and ownership of the Images when shared digitally. The licence does not allow The Client to use the Images for commercial purposes.

  4. So far as any goodwill is generated by The Client’s use of the Images it shall accrue to the benefit of The Videographer.

  5. The Videographer reserves the right to make reproductions of Images created during assignments for marketing, promotional, competition and editorial purposes.

     

4. Licence of “Model” Rights to Videographer

  1. The Client warrants that they have obtained all Model Rights necessary to enable The Videographer to carry out the Assignment and now agrees to indemnify The Videographer against any cost or claim by any person arising out of a Photo or video of any person or thing at the Event.

  2. The Client agrees that The Videographer may use his Model Rights in the form of Images taken in this Assignment, only to market their business as a Videographer.

5. Products

  1. Where digital files are provided, The Client is responsible for ensuring that the digital files are safely stored upon delivery or collection, and The Videographer is under no obligation to store or maintain copies of the file.

6. General Terms

  1. In order to plan properly and deliver great goods and services, the parties agree to comply as far as reasonably possible with the matters set out in Schedule A of these Terms.

  2. The Videographer shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only and time is not the essence of the contract.

  3. The Fees will be paid after invoices rendered from time to time.  No VAT is applicable.  Payment terms are 14 days, and payment is not deemed to have been made until the Fees have been paid in full.  If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced.  The Videographer reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.

  4. If payment is not made in accordance with the above clauses, The Videographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

  5. Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services.  Each party recognises and accepts its obligations with the regard to the control and the processing of personal data under the current data protection legislation and regulations. 

  6. The Videographer will use reasonable care and skill in performing the Services.  Where any valid claim in respect of the Services is made (in Contract or in Tort) The Client may be entitled only to a refund of the Fees or part of the Fees.

  7. The Videographer’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.

  8. Nothing in these Terms will exclude or limit liability for death or serious injury caused by The Videographer’s negligence.

  9. The Services may be terminated if the payment of the Fees is not made in accordance with these Terms, or if The Client commits a material breach of any of these Terms and fails to remedy the breach within 14 days of being notified in writing, or it The Client enters into any form of insolvency arrangement or suspends their business.  Upon termination, The Client shall immediately pay any outstanding sums to The Videographer.

  10. The Videographer shall not be liable for any breach of contract due to force majeure.

  11. Nothing in these Terms are intended to create a partnership or joint venture between The Videographer and The Client, and no party has the right to act as agent for the other or to bind the other party in any way.

  12. These Terms and any dispute arising from them shall be governed by the laws of England and Wales.

  13. Due to the current global pandemic and the affect this is having on events, if the wedding needed to be rescheduled there would be no fees for rescheduling. If the only rescheduled date available to the client can not be fulfilled by the videographer any money paid would be refunded.

SCHEDULE

PRE-EVENT CONSULTION:

There will be a pre-event consultation before the wedding date to agree shooting times, locations and important moments throughout the day.  This consultation can be conducted via email, video-call, phone or face-to-face meeting.  The purpose of this meeting is to create a plan for the day and The Videographer can accept no liability for anything not being filmed if any information is either not provided or is inaccurate.

EVENT GUIDE:

The Client (or someone designated by them) will be responsible for identifying people/objects of whom/which are desired to be featured in the film.  The Videographer can accept no liability for missed images if any information is either not provided or is inaccurate.

CO-OPERATION:

The parties agree to positive co-operation and communication for the best possible result within the definition of this Assignment.  The Client is responsible for the conduct of guests and all other service providers (florist, DJ, caterer, photographer etc.). 

Verbal or physical abusive language or behaviour will not be tolerated in any way and will lead to an immediate termination of the services.  In these circumstances, there will be no refunds whatsoever paid by The Videographer.

HOUSE RULES:

Please remember that The Videographer is limited by the guidelines of the ceremony official or the reception site management and therefore The Client must accept the technical results of their imposition on The Videographer.  Negotiation with the officials for moderation of guidelines is The Client’s responsibility, and The Videographer will offer technical recommendations only.

EXCLUSIVITY:

The Videographer can accept no liability for negative impact caused by guest or other professional photography/videography.