This agreement contains the entire understanding between Best Photo and Video Production Ltd (the company) and the Client and becomes effective on the day of the first deposit payment. The only way to add or change these terms and conditions is to do so in writing and must be signed and agreed to by all the parties involved. If the parties wish to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have a signed waiver in writing.
The parties agree to a pre-event consultation, usually 2-5 weeks prior to the event date, in order to finalize the times and locations photographic and video services will take place. All client requests will also be discussed. The client must fill and submit the confirmation form 5 days before the wedding day at the latest. The confirmation form will be provided by the company. Failing to do so the company will at best effort complete the work with the information know to the company however the company cannot be held liable for failure to fulfill duties arising from this contract.
Within 8 weeks after the commencement of photographic services by latest, high-resolution files will be posted in the online gallery. Videos will be edited within 16 weeks after the commencement of videographic services by latest. Online gallery will be available at least for 12 months from the day it was posted online.
Digital Negatives - these files are straight from camera files, exactly as they were captured, with no color correction, editing or cropping. If files were captured in RAW, they remain in RAW. If files were captured in JPG, they are the original files as captured in sequence. The company does not under any circumstances provide the digital negatives or RAW files to Client. High Resolution Files - these files are at or above a resolution of 1200 x 1800 pixels. High Resolution files may be color-corrected, toned, cropped, etc.
The company shall exercise sole discretion in selecting the images and video footage to be provided to client and/or displayed in the online gallery. All selected images shall be made available in the online gallery within 8 weeks after the commencement of photographic services and videos within 16 weeks after the commencement of videographic services by latest. The company takes utmost care in selecting the best images from your wedding day, insuring that only images meeting high quality standards are available for client and for ordering. Selection of these images is included in the contracted fee as part of the professional services for which the company is being hired by client. At no time will client assume that the company will provide every image captured or all footage filmed at the event to client. The company will deliver as many photographs as they feel is necessary to showcase the event at its best / minimum of 200 images / The company reserves the right to withhold any images and video footage that may cause embarrassment to client, client´s guests or the company. The company will only store images and video footage for a duration of 3 months from the moment they were delivered to the client. The client is responsible for storage of the final product and is recommended to make at least 2 copies on 2 different hard drives or online cloud.
While every reasonable effort will be made to produce and deliver outstanding photographs, a wedding is an uncontrolled event. The company does not guarantee that any certain photo request will be captured. Client is familiar with the company´s wedding portfolio and accepts its perception of the frame, light, color, composition and post-processing. The client understands and agrees that the company works primarily from a journalistic or documentary style, and any attempt to pre-arrange requested photographs will be at the discretion of the photographer who is going to be very cooperative at all times. The client also understands that the company may / may not be under certain restrictions due to the location, the official / venue policies, lightning, weather, timing, et cetera that will affect the overall photographic coverage. The company makes no warranty of any kind, whether expressed, implied, statutory, or otherwise under this agreement.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The company recommends that clients designates an "event guide" to point out important individuals for informal or candid photographs to the photographer during the wedding that they wish to have photographed and filmed. The photographer / videographer will not be held accountable for not photographing or filming desired people if there is no one to assist in identifying people or gathering people for photographs and video. The company is not responsible if key individuals fail to appear or cooperate during photography session or for missed images due to details not revealed to the company. Client is fully responsible for the conduct of their guests. The company will not tolerate verbally or physically abusive behavior. Unchecked guest conduct that interferes with photography and video may seriously affect the quality of the photographs taken and video filmed and increase the number of times photos must be re-taken. If client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer / videographer. Clients understands that in such an event, no refunds will be granted and client will be held responsible for any repair and/or replacement of any damaged equipment belonging to the company. Usage of the drone is subject to availability, legal and local restrictions and weather.
In the unlikely event that any assigned personnel are injured or are unable to execute their duties for any reason, including acts of God, fire, illness, or extreme weather, the company will make such efforts as are reasonable and practicable to find an acceptable replacement. If the situation should occur and a suitable replacement is not found, the company’s liability is limited to the obligation to return all payments received for the specified work. The company takes the utmost care with respect to all work produced, physical and digital. However, in the unlikely event that work produced have been lost, stolen, or destroyed for reasons within or beyond the company's control or in the event of failure of equipment or other accessories, the company’s liability is limited to the obligation to return all payments received for the specified work.
The photographs and videos produced by Best Photo and Video Production Ltd are protected by Creative Commons Attribution-Non-Commercial ShareAlike 3.0 license (some rights reserved) and may be reproduced for personal, non-commercial use provided "Copyright: Best Photo and Video Production Ltd" appears with the photographs as attribution. Best Photo and Video Production Ltd owns all copyrights for any and all images and videos produced in connection with this agreement, including the right to reproduce or publicly display such images and videos. As author of all images made here under and as provided by law, Best Photo and Video Production Ltd shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, video footage, audio footage, digital files, or any other format of reproduction. Client grants Best Photo and Video Production Ltd permission to display images and videos resulting from this assignment as an example of Best Photo and Video Production Ltd´s work on their websites, blogs, prints of all types and sizes, any social media platforms and for the entrance into competitions and releases all claims to profits that may arise from such images and videos.
The retainer is applied towards total balance of the contracted photography / video or other services. The retainer is non-refundable, even if the event is cancelled for any reason whatsoever. Retainer may be paid via PayPal, Stripe, bank transfer or cash. Client agrees to pay a full deposit to secure the date even if paid in installments. By paying your deposit you agree to these terms & conditions. Upon the deposit payment, the company will reserve the date and time agreed upon. The client understands and agrees that the remaining balance is due no later than on the wedding day or at any stage before that at client´s convenience. Client agrees that if the balance is not paid by this time the company will not photograph / film the event as described in this agreement with no liability to Best Photo and Video Production Ltd and will result in loss of retainer by client and the client may still be required to pay final balance as per cancellation policy outlined in the terms & conditions.
If the client wishes to cancel or change the date for the performance of work, a written and signed notice of cancellation or request for change of date must be submitted in writing to the the company. The company may, at its sole discretion, accept or reject the request for change of date. The company, if it accepts a change of date request, may do so on such terms as it sees fit and if the client agrees to such terms, the original contract will be deemed cancelled and a new contract will be deemed to have replaced it. If the company rejects the change of date request, the existing contract will remain in place subject to the right to cancel same. The cancellation of a contract shall be effective as at the date on which the company acknowledges it. A new contract arising from a change of date request will be effective as of the date on which both parties have signed it. If the client should cancel for any reason more than 180 days before the event, this will result in loss of original retainer fee and the client agrees to pay 30% of the remaining balance to the company as a cancellation fee. If the client should cancel for any reason less than 180 days before the event, this will result in loss of original retainer fee and the client agrees to pay the entire remaining balance to the company as a cancellation fee. Gift vouchers are non-refundable, cannot be cashed-out and must be used within 60 months from the day of purchase unless agreed otherwise by both parties in writing. Special offers cannot be mounted.