01. Videographer’s Responsibilities.
Agape Stories (“Videographer”) hereby agrees to perform video services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Videographer may employ one or more assistants. Videographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Videographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Videographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
If Videographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Videographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Videographer shall not be obligated to refund any of the fees paid by Client because of such action.
Videographer is the exclusive official videographer with professional video services at the Event. Simultaneous coverage of the Event by another videographer with professional video equipment shall give Videographer the right, but not the obligation, to immediately terminate this contract and retain 50% of all fees paid by Client.
A non-refundable retainer (that shall be applied toward the total fee for the Services) of 50% of the agreed upon package total is due upon execution of this agreement, at which time Videographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Final payment of the balance due for the Services shall be made no less than 14 days prior to the Event Date. In the event that Client fails to remit payment as specified, Videographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Event.
All video and audio taken by at the Event, in whatever form, are copyright protected. Any copying, duplicating, or altering of the video taken by Videographer, without Videographer’s express written permission is a violation of federal copyright law. The raw footage of video and audio taken by Videographer are Videographer’s sole property unless purchased by Client.
The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Videographer’s delivery of the final product.
05. Key Assumptions.
(1) For a location wedding outside Sydney, Australia, Videographer will arrive to the location of the event no later than 1 day prior to the event.
(2) All equipment related to the capturing of video and sound is warrantied, in case of loss or damage suitable back-up and replacement equipment will be present at the event.
(3) The style of both The Wedding Story and The Wedding Documentary are to the discretion of Agape Stories, based on the Client’s personality and details surrounding their event.
(4) The Wedding Documentary is styled more like a documentary, including more audio and longer cuts; it will be cut together with music and in a style equal to the Agape Stories brand.
06. Event Changes.
Videographer must be notified immediately of any changes in schedule or location, at least 3 months in advance of the scheduled Event date. If Client notifies Videographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then Videographer shall be entitled to 50% of the security deposit as liquidated damages for having to reschedule the event. The remainder of the deposit shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages. If Videographer is unavailable on the new date, 100% of the security deposit shall be retained as liquidated damages.
Upon acceptance of these terms and payment of the retainer, Videographer shall commit to attending the Event on the specified date, and shall turn down other inquiries for that date. In the event of cancellation by Client, the security deposit paid is non-refundable. It shall be liquidated damages to Videographer for a breach of contract. The Client shall also be responsible for any materials, services rendered and expenses incurred in relation to the event up to the time of cancelation. If the event is canceled after the final payment is due, no refund will be issued to the Client and the full amount will be retained as liquidated damages.
08. Delivery Date.
The Wedding Story shall be delivered no later than 3 months from the date of the event. The Wedding Documentary and final deliverables shall be delivered no later than 4 months from the date of the event.
a. All edits of The Wedding Story and Wedding Documentary delivered to the client are final. Creative decisions are left to the sole discretion of Videographer. If Client is unhappy, for any reason, they may request additional editing for their desired changes. An hourly editing fee of 75 AUD per hour will be billed separately to the client.
b. Any delay in the delivery due to Client, such as editing revision or delaying to get Videographer any information needed to finish the edit, constitutes a change of scope and will result in an adjusted delivery date. c. In the unlikely event that Videographer is unable to deliver a final edited film(s) due to death, illness or act of God, Videographer’s liability is limited to the refund of 50% of the total package cost. Additionally, Videographer’s studio will compile all the RAW footage and audio captured at the Event and deliver to the Client to proceed with as they see fit.
09. Model Release.
Client hereby agrees that Videographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
10. Force Majeure.
If Videographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Videographer’s sickness, or other acts of God beyond the parties’ control, then Videographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.
11. Attorney’s Fees.
The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
This Agreement may not be assigned.
Client hereby acknowledges that Videographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Videographer harmless for the impact such restrictions may have on the final product.
14. LIMITATION OF LIABILITY. VIDEOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL VIDEOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS VIDEOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
15. Event Meals Videographer shall agree in advance on arrangements for meals for Videographer and any assistants. Videographer shall be allowed to take a meal break at a reasonable time during the Event (e.g. when bride and groom are eating).
This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
17. Protection of Deliverables/Retention of Files.
Videographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Final Delivery. Once the Films have been delivered, Videographer will archive all final Quicktime files for at least a year, though Videographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.