Contract
In the following terms & conditions "the videographer/photographer" shall mean Jakkie Brennan, trading as Timeless Productions. “The client” shall be the person defined as the bride or groom only (regardless of whether payment is made by someone other than the bride or groom). It is agreed that the information below and following terms set out the total agreement made between the parties and that no variation or modification of this contract is permitted. If any change to the contract is required, then this must be agreed by both parties in writing – the current contract will be cancelled and a new contract will be set up to replace it (which may contain updated terms and conditions). An administration fee of £35 will be required for all new contracts issued.
Full payment is required at least 8 weeks prior to the event date or stated otherwise on your quote/invoice. Please find your full payment deadline date on your quote/invoice, our bank details and our contact information. If you would like to pay your quote/invoice in instalments, please contact us.
Terms and Conditions
1. Videographic / Photographic Style The client acknowledges that they are familiar with the videographer’s/photographer's portfolio and is requesting services with knowledge of the videographer’s/photographer's style (and that the videographer’s/photographer’s style is constantly evolving). The client understands that the videographer’s/photographer’s will take cinematic style film and photographs throughout most of the day for documentary videography/photography, no direction is provided to subjects on where to stand or how to act. While every effort will be made by the videographer/photographer to capture video and images that have a pleasing composition, the client understands that due to the nature of documentary videography/photography, some videos or images may have people or items in positions that may not be desirable. The videographer/photographer is contracted to follow the day in whatever form it takes and changes to the day (such as number of guests, change of venue or order of the day) will have no effect on the videographer’s/photographer's ability to capture the wedding day in a documentary style. The videographer/photographer is not obligated to re-edit or provide revisions for the video or photo’s provided.
2. Non-Documentary Video / Photographs Non-documentary video/photographs (such as group, detail and posed videos/images) are not guaranteed and are dependent on weather conditions, available time, the venue and the willingness of subjects. Group video/photographs are at entirely at the discretion of the video/photographs and the focus will be on the wedding party and the immediate family. While there may be the option to do a single full group video/photographs of all daytime guests, the videographer/photographer does not do other large group video/photographs (such as “all of the bride’s family”, or “all of the groom’s family”). Group video/photographs will take place directly after the ceremony and a maximum of 25 minutes will be spent on them to avoid the process becoming intrusive. If attendees pose for the camera while the videographer/photographer attempts to take a documentary video/photograph, they will be asked to continue enjoying their day and the posed picture will not be taken – this is critical to being able to take documentary video/photographs. It is advised that the clients notify guests in advance that the video/photographic coverage will be documentary in nature.
3. Special Requests / Coverage The client understands and accepts that the video/photographic coverage will be as the videographer’s/photographer's professional expertise determines and that no one video/photograph will be deemed more important than another. Special requests are not binding instruction. Any special requests must be made by the client to the videographer/photographer in writing at least 1 week before the wedding date.
4. Drone Usage Drone/aerial video/photographs are not guaranteed and is dependent on weather conditions, availability of the drone, available time and permission/suitability to fly the drone at the venue.
5. Video / Images All video/image sizes are nominal. The videographer/photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record the exact colour as seen by the human eye. ‘Grain’ or digital noise is an inherent part of videography/photography, particularly in situations where the light level is low. The client understands that videos/images may contain digital noise.
6. Licence The videographer/photographer shall be granted complete artistic licence including in relation to the poses and compositions photographed, and the locations used. The videographer’s/photographer’s judgement regarding the locations/composition/poses and number of videos/images taken shall be final.
7. Retouching Some retouching, digital manipulation and artistic finishing is completed as standard for select videos/images. Advanced ‘Adobe Premiere/Photoshop’ editing is available to the client as an optional and chargeable extra on a clip/per-image basis.
8. Film Recorded Audio While every effort is made to record the audio of the vows, ceremony and speeches during the day, the client understands that the audio being delivered to the client cannot be guaranteed as many factors can prevent this from happening. Some examples of this include background noise, static interference and equipment failure.
9. Wedding Film Soundtracks While every effort is made to select the most appropriate soundtracks for the wedding film/video, the videographer/photographer is not obligated to re-edit or provide revisions for the wedding film/video if the client does not like the soundtrack or audio. Upon accepting the contract, the client understands the videographer/photographer is to choose the soundtrack and audio for the video. The client understands that no unlicensed music cannot be chosen for the video.
10. Number of Video / Images There is no guarantee that any particular number of videos/images will be produced. Although typically per wedding the number of video shots filmed is 500 and photographs taken is 600 before they are edited.
11. Delivery Timescales The client understands that delivery of the edited MP4/JPEG files will take approximately 10 weeks, however, due to changing workloads and videographic/photographic editing being an artistic process, there is no official contracted delivery deadline.
12. Copyright Digital files remain the property of the videographer/photographer. Any videos/images or copies of videos/images whether stored digitally or otherwise, computer files or printed documentation relating to such videos/images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means a video/image created as part of this contract without the permission of the videographer/photographer in writing. The client will receive the licence to share and print any video/image provided by the videographer/photographer. Any additional editing by the client or a 3rd party is not permissible other than minor cropping and lighting adjustments to aid printing.
13. Negatives/Digital Files Under no circumstances will the digital RAW files be released to the client. During the editing process, the videographer/photographer will decide which digital files will be kept for editing and passing on to the client. The remaining digital files will be permanently deleted.
14. Display The client hereby allows the videographer/photographer to display any videos/images included in this contract in their studios, portfolios, literature, wedding venues, exhibitions and advertising. No use of the videos/images will be made by the videographer/photographer for other commercial reason except with the written permission of the client.
15. The Videographer/Photographer On occasions and without notice it may be necessary for the videographer/photographer originally specified to be substituted by another videographer/photographer. The client understands that if a substitute videographer/photographer is used, the videos/images provided may not match the videos/images they have seen in the Timeless Productions portfolio.
16. Attendance Bridal preparation coverage will start no earlier than 3 hours before the ceremony and must be agreed upon and paid as an add-on to the packages. Coverage on all packages will last 8 hours, coverage outside of this timeframe will be chargeable at a rate of £90 per hour. After 12 hours of coverage the chargeable rate increases to £130 per hour and can be accepted at the videographer/photographer discretion. Consecutive hours include rest breaks and travel between venues (but not travel to and from the videographer/photographer home). The photographer can take no responsibility for delays outside of his control while traveling to venues (e.g. unforeseen traffic conditions or mechanical failure of vehicle). Start and end times are defined as when the videographer/photographer arrives and leaves the relevant venues.
17. Rest Breaks and Provision of Meals The videographer/photographer will be entitled to an uninterrupted 45-minute rest break during weddings that cover more than 6 hours. The videographer/photographer is permitted to go off-site for their rest break. The client is under no obligation to provide a meal to the videographer/photographer.
18. Payment The “amount agreed” includes a non-refundable deposit of £200, which is owed for the work carried out arranging and implementing the booking and is due immediately. The client understands that the booking deposit towards the videography/photography services is provided as part of the wedding package. Full payment is required at least 8 weeks prior to the event date or stated otherwise on your quote/invoice. Please find your full payment deadline date on your quote/invoice, our bank details and our contact information. If you would like to pay your quote/invoice in instalments, please contact us. To cover losses the videographer/photographer may incur due to late payment, a charge of £10 will be added to the outstanding amount for each day payment is overdue. Late payment is considered breach of contract. Only payment methods explicitly offered can be accepted and special offer discounts will be void if other payment methods are used. Under no circumstances will the videographer/photographer attend the wedding unless payment has been made in full. Admin fees are separate from the “amount agreed” and are a subsidised amount to cover the additional work required arranging a new contract.
19. Travel and Expenses Expenses (Such as parking, toll, flight, hotel charges) and travel outside of the 50-mile allowance will be covered in the invoice value. The videographer/photographer is not permitted to request additional money for travel or expenses that they did not consider prior to agreeing the contract value. Any change to locations after the contract has been agreed, that will increase the distance required to travel, will be chargeable. Travel is charged at £1 per mile.
20. Cancellation The client may cancel this contract at any time by giving written notice to the videographer/photographer but in doing so shall forfeit any monies paid. If the client informs the videographer/photographer that the wedding will no longer be taking place on the contracted date, then this will be considered notification that the client wishes to cancel the contract. The videographer/photographer reserves the right to cancel due to breach of contract or if the relationship between the client and videographer/photographer breaks down. In instances where the videographer/photographer cancels, the videographer/photographer will be under no obligation to refund the deposit but shall refund any additional monies paid by the client. The videographer/photographer may seek to claim/retain monies for additional costs or losses incurred as a result of the cancelation.
21. Abuse and Risk Policy The videographer/photographer has a zero-tolerance policy on abuse or avoidable/unnecessary risk in any form (for example written, verbal, physical or sexual abuse – or avoidable/unnecessary risk to the videographer’s/photographer’s health). If the videographer/photographer considers that they are experiencing abuse or risk on the wedding day, then the videographer/photographer reserves the right to leave the wedding immediately, no further videos/pictures will be taken. Any videos/pictures taken up to the point the videographer/photographer leaves, will be considered the completed coverage and delivered in line with the conditions of the contract. Any form of bullying, aggressive, threatening or manipulative correspondence by the client, before or after the wedding, will be considered a breakdown in relationship between the videographer/photographer and the client.
22. Force Majeure or Act of God The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control, which may include (but are not limited to) equipment or vehicle failure, inclement weather, illness or injury. If the wedding is unable to go ahead on the contracted date, due to force majeure or act of God, then the videographer/photographer will be required to make a reasonable attempt at rescheduling the wedding date (as set out in section 23).
23. Rescheduling the Wedding Date The videographer/photographer is under no obligation to make changes to the contracted wedding date, except under the conditions laid out in section 22. The client must liaise with the videographer/photographer in writing, before rescheduling with the venue or registrar, to agree upon a mutually available date. The videographer/photographer has the right to refuse to alter the wedding date if rescheduling would cause substantial financial losses or excessive pressure, affecting their ability to perform to their fullest extent. The videographer/photographer reserves the right to require a package upgrade if the “amount agreed” is not comparable to the value of the rescheduled date. If the wedding is rescheduled into the future, the outstanding balance will be owed within the timeframe shown in section 18. If a rescheduled wedding date cannot be agreed upon, then it will be considered that the client has cancelled and will be subject to the terms set out in section 20.
24. Damage to Persons, Clothing or Items The videographer/photographer may suggest walking to a location or using props (such as ‘smoke bombs’). The client understands that these are suggestions and that they are under no obligation to agree. It is the client’s responsibility to ensure that they take necessary precautions to safeguard themselves or anyone else involved. The videographer/photographer is not liable for any damages caused resulting from the client or guest carrying out a request.
25. Limitation of Liability In the unlikely event of a total videographic/photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
26. Complaints Any complaints should be raised by the client with the videographer/photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the videos/images.