Best Photo and Video Production Ltd - Terms and Conditions

1. Agreement Overview: This agreement establishes the full understanding between Best Photo and Video Production Ltd (hereinafter referred to as “the Company”) and the Client. It becomes effective upon the first deposit payment. Amendments to this agreement must be in writing and signed by all parties.

2. Pre-Event Consultation and Confirmation Form: The parties agree to a pre-event consultation 2-5 weeks prior to the event. The client must submit the onilne confirmation form provided by the Company 5 days before the event at the latest. In the absence of this form, the Company will use available information, but cannot be held liable for unfulfilled duties resulting from missing information.

3. Delivery Timelines: Photographic services deliverables will be posted in an online gallery within 2-8 weeks post-event, and videographic services within 8-16 weeks, depending on the time of the year. The easy-to-share online gallery will be available for at least 12 months. A USB stick will be posted to the address of your choice upon completion.

3.1. Late Delivery Clause: Should the Company fail to deliver within the agreed timeframes due to reasons within our control, the Company will promptly notify the Client and offer a suitable solution, such as a discount, additional services, or other compensatory measures, to remedy the situation. However, delays caused by factors beyond our control, such as acts of God, illness, or other extenuating circumstances, will not be considered as 'Late Delivery.' In such cases, the Company will work closely with the Client to arrange a new delivery timeline as soon as reasonably possible.

4. Digital Negatives and High-Resolution Files: The Company retains all rights to digital negatives and RAW files. High-resolution .jpeg files, edited and processed, will be provided to the Client.

5. Image and Video Selection: The Company exercises sole discretion in selecting images and footage for the client and online gallery. On average, 500 to 800 images will be delivered from a full day coverage, with the exact number depending on various factors such as the duration of the ceremony, the number of guests, and the flow of the day. A minimum of 400 images will be delivered from a full day coverage. The Company reserves the right to withhold any content deemed inappropriate.

5.2 Videos: Full day video packages include two types of videos. The first is a highlights video, which ranges from 3 to 6 minutes in length. Examples of such highlight videos can be viewed on our website. The second is a more comprehensive video capturing extensive footage from throughout the day. The client will have input regarding the length of this video. There are two options: a longer video ranging from 45 to 90 minutes, featuring a wide array of moments from the day, or a modern, edited video approximately 20-30 minutes long, encapsulating the essence of the day.

6. Limitations and Liability: The Company is not liable for missed photographs or footage due to unforeseen circumstances such as equipment failure, location restrictions, uncooperative subjects, or environmental conditions. Additionally, the Company shall not be liable for any failure to deliver services due to circumstances beyond its control, including but not limited to, acts of God, natural disasters, pandemics, government restrictions, or other emergency situations. In such events, the Company will make every reasonable effort to provide a comparable solution or reschedule services as appropriate.

The Company is also not responsible for the loss of photographic opportunities or the quality of the work due to restrictions imposed by venues or the client, such as limited access areas or prohibitions on the use of flash or specific equipment. It is the client's responsibility to secure necessary permissions and access for photographic coverage.

Furthermore, the Company cannot guarantee specific shots, poses, or group arrangements due to the dynamic and spontaneous nature of the event. The Company will endeavor to honor specific requests but cannot commit to fulfilling every client preference.

In the event of partial or total photographic failure, equipment malfunction, or other breach of this contract, the liability of the Company shall be limited to the refund of all payments received, or a proportional refund corresponding to the amount of services unfulfilled, at the Company's discretion.

7. Cooperation and Event Guide: The success of the photography and videography largely depends on the cooperation of the Client and the conditions at the event. To facilitate this, the Client is advised to designate an “event guide” who can assist in identifying key individuals for photographs and videos, and help organize groups for efficient and smooth photo sessions.

Moreover, the Client is responsible for providing a suitable environment for photography and videography. The cooperation of the Client and their guests is crucial; uncooperative behavior or unsuitable conditions may negatively impact the quality of the final photographs and footage. The Client is encouraged to communicate any specific requirements or expectations prior to the event, and to ensure that guests are aware of and cooperate with the photography and videography process.

The Company's photographers and videographers will work diligently to capture the event beautifully, but the quality of the final product is significantly influenced by the conditions and cooperation provided on the day of the event.

8. Force Majeure and Unforeseen Circumstances: In the event of unforeseen circumstances beyond the Company's control, such as natural disasters, pandemics, government restrictions, or other acts of God, the Company will make reasonable efforts to provide service or find a suitable replacement. However, if these efforts are unsuccessful and the Company is unable to fulfill the contract, any payments received beyond the non-refundable deposit will be refunded to the Client. The Company's liability in such situations will be limited to the amount of payments received above the deposit.

9. Copyright and Usage Rights: All photographs and videos produced by the Company in connection with this contract are the exclusive copyright of the Company. These images and videos are provided to the Client under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License. This license allows for the sharing, copying, and redistribution of the material in any medium or format, and adaptation, remixing, transforming, and building upon the material, as long as attribution is given to the Company and the adaptations are shared under the same license. Most importantly, under this license, the photographs and videos cannot be used for commercial purposes. Any use of the photographs and videos in a commercial context or for commercial gain, including but not limited to, resale, licensing, or use in advertising, is strictly prohibited without prior written consent from the Company. The Client agrees to indemnify and hold harmless the Company against all claims, damages, liabilities, and expenses arising out of unauthorized use of the photographs and videos. The Company retains the right to use the images and videos for its promotional purposes, including but not limited to, use on the Company's website, social media platforms, marketing materials, and entries into competitions. Any such use will respect the privacy and dignity of the Client and the event's participants.

10. Payment Terms: A retainer is required to secure booking dates. The full balance is due on the wedding day or before. Failure to complete payment results in forfeiture of services without liability to the Company.

11. Cancellation and Date Changes: Cancellation or requests for date changes must be communicated to the Company in writing. The following terms apply:

Retainer Fee: The original retainer fee paid to secure the booking is non-refundable.

Date Changes: If the Client wishes to change the date of the event, this request must be made in writing. The Company will make every reasonable effort to accommodate the new date without additional charges, provided the new date is available and within 12months of the original event date. If the new date is unavailable, or beyond the specified time frame, this will be treated as a cancellation.

Cancellation by Client: More than 180 days before the event: The Client will forfeit the retainer fee but will not be liable for the remaining balance.
Less than 30 days before the event: The Client will be liable for the full remaining balance.
Cancellation by Company: In the unlikely event that the Company needs to cancel its services for the event, all payments made, including the retainer fee, will be fully refunded to the Client. The Company will also make reasonable efforts to recommend and organize another service provider.

These terms aim to be fair to both parties, recognizing the planning and resource allocation the Company undertakes in preparation for each event, as well as the potential loss of business opportunities due to cancellations.

12. Data Protection and Privacy: The Company adheres to data protection laws in handling and storing personal data provided by the Client.

13. Dispute Resolution: Any disputes arising under this agreement will first be attempted to be resolved through mediation, allowing both parties an opportunity to reach a mutually satisfactory agreement. If mediation is unsuccessful, the dispute shall then be subject to legal action. All such proceedings will be governed by the laws of the Republic of Ireland and will fall under the exclusive jurisdiction of the courts in the Republic of Ireland.