David Pearson | Wedding Videography Flintshire
Terms and Conditions
1.1 Contracts are accepted on these terms and conditions only. No condition may be added, omitted or altered unless we have agreed it in writing with you.
1.2 Any addition omission or alteration that we may agree does not affect any other term or condition.
1.3 When you sign the contract, you will be deemed to have read and accepted these terms and conditions
1.4 You specifically confirm to us that the information that you have provided in the contract (and any other forms) is true and accurate in all respects
2.1 Once a contract has been accepted you must immediately pay the deposit and any other pre production costs that we have agreed. Until we have received the deposit and pre production costs (and if by cheque, that cheque has cleared) we are under no obligation to carry out any of our obligations. Please note that this contract remains in force even if you have not paid the deposit and we shall be entitled to enforce it.
2.2 You must pay us the balance of the Price agreed in full (and if by cheque that cheque has cleared) at least 10 days before the date when the Production is to take place or as agreed in writing. Long term or ongoing production work will be invoiced and must be paid for at the end of each calendar month for work undertaken during that month. If you do not do so we will not have any liability to you, and if we so decide we shall be entitled in our absolute discretion to forfeit the whole or part of the deposit and other payments made.
2.3 If you cancel this contract:
(1) more than 90 days before the date of the event then the deposit will be forfeited, but no further sum is payable by you;
(2) within 90 days of the date of the event a sum amounting to 50 per cent of the Price is payable by you;
(3) within 30 days of the date of the event a sum amounting to 95 per cent of the Price is payable by you.
2.4 Any cancellation must be notified to us in writing addressed to us at the address shown in the booking form.
2.5 The Price is based on a recording/editing time agreed in advance. Extra production time will be charged at our hourly rate and is payable in the event of recording/editing time running over for whatever reason.
2.6 Interest will be charged on late payments at the rate of 2% per calendar month or part month on any overdue balance.
Restrictions on our liability to you. (Please note this section is important and should be carefully read by you since it limits your rights. Please ask us if you need any further clarification).
3.1 We will make every reasonable effort to secure a replacement cameraman if for any reason the cameraman is unable to carry out the engagement. In those circumstances however, our liability to you is limited to making a refund of the sums that you have paid us in respect of the contract. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party.
3.2 Although we make every reasonable effort to ensure that all the equipment we use for your Production is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of the sums that you have paid us in respect of the contract. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party. In the event of a part of the Production being recorded we will in that case return a fair proportion of the Price.
3.3 In relation to live events which we do not have control over: Although we will use every reasonable effort to record significant parts of the Production the decision as to what is comprised in the recording is in our absolute discretion. We can give no assurance that we will successfully record any particular aspect of the Production (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the Production or failure does not give you any right to refuse to pay the Price or obtain a refund.
3.4 When you enter into this contract you accept that we cannot accept any liability whether it is a financial or any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this contract except for our obligation to return all or part of any sums that you have paid to us in accordance with these conditions.
3.5 We do not exclude our liability to you for any death or personal injury or damage to property that may have been caused by our negligence or that of any of our employees.
3.6 We will carry out services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation (such as the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1993) or arising under common law is excluded in so far as it possible to do so.
3.7 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss which will then increase our prices. You accept that you understand this and agree that it is reasonable to us to limit our liability in this way.
Ownership of the Master Tape and copyright
4.1 The master tape remains our property. Copyright in the master tape is vested in us. This means that:
(1) we reserve the right to dispose of the master tape in our absolute discretion.
(2) we do not accept liability in relation to any loss of and/or damage to the master tape.
(3) neither you nor any one on your behalf are allowed to make any copies of any tapes, discs or other recorded media unless we have agreed in writing that you may do so. Please note that the copying of tapes or discs without our consent is a breach of copyright for which you may be liable in damages
4.2 Master tapes or discs are kept for a period of one year.
4.3 We reserve the right after you have received your copy of the film, to show the film or part of it to any prospective client who may wish to see a sample of our work, or to enter the film into competitions or use extracts in our show reel. We will not however release any part of your video for a public showing or broadcast without your prior written consent.
4.4 We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the Production that all persons attending the Production have consented to being recorded.
5. If you ask us to provide any extra services after you have signed the contract form these may be subject to additional payments which we will agree with you. Those extra services will, if accepted by us, be carried out on the basis of these terms and conditions
6. Please note that it is your responsibility to obtain the consent from the owners of the location or venue where the Production is being held and all other persons involved in the Production, such as any person conducting the activities, artistes and or musicians to record the Production before it takes place and to pay any fees charged by them. If you fail to do so, this may mean that we are unable to record the activities or release the film to you until that consent (which is required for copyright reasons) has been obtained.
Schedule and Quality Control
7.1 We will try to agree a schedule of contents of the recording with you. Please note that the contents of that schedule does not form part of our agreement with you.
7.2 We will assume that you accept the quality of the finished film unless you tell us to the contrary in writing within 2 weeks of the film being sent to you. If you do notify us within that period you must also tell us what your complaint is in as much detail as possible. If we do not receive any complaint within that period we shall be entitled to assume that you are satisfied with it and we will then be under no further obligation to accept any complaint, unless we then agree.
7.3 We will use all reasonable efforts to deal with any complaint promptly and if it is something that is justified and we can remedy, we will do so. If we do not consider your complaint to be valid then we will tell you promptly.
7.4 If you disagree with our assessment you may write to our professional association’s Arbitration Service and request them to investigate the matter. Their details are:
The Institute of Videography. PO Box 625. Loughton IG10 3GZ
7.5 In referring a complaint to them we will agree to comply with their decision which will also be binding on you.
8. In these terms and conditions
“us” and “our” means David Pearson Videography or their authorised representative,
“you” is the person or persons making the booking and who are entering into the legal obligation,
the “Contract” is the form signed by you set out overleaf (which forms part of this Agreement)
“Price” and “Deposit” means the contract price payable to us for our services and the advance deposit respectively,
the “Production” is the associated activities that you have asked us to record and which is detailed in the Contract and written agreements.
“References to “DVD” or “disc” or “tape” or “video tape” includes any format or media on which the recording is made or delivered.“