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TERMS & CONDITIONS

Videography

1) AGREEMENT - This agreement between the undersigned photographer (hereafter “Photographer”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.

2) QUOTE VALIDITY - The quotes given to the Client are valid for 30 days.

3) COSTS,  FEES AND PAYMENT - To secure the videography booking, the client is required to pay 50% of the estimated quote upfront within 24 hours. If the booking fee is not paid within 24 hours, the agreed date of the booking slot will be lost. The initial payment of the project is paid prior uploading and releasing the deliverables. Additionally, the Client accepts that the booking fee payment is non-refundable.
If additional photos & footage is purchased, this will be invoiced for separately to which full payment is required prior to starting post-production on raw footage.

4) SERVICES - 
Feldt Photography and the Client agree that the videography & photography services provided on the specified dates and locations will consist of the following:
Feldt Photography agrees to services identified within the proposal
The Client agrees to provide payment and a creative brief, or other written instruction to Feldt Photography prior to the video being filmed.
Feldt Photography generally finishes the projects within the agreed upon Timeline [turnaround time is 1-3 weeks depending on scope of work]. However, they also reserve the right to adjust the completion date based on influx and order needs. Communication of any adjustments in delivery timeframe will be communicated to the client as early as possible and all reasonable efforts will be made to deliver within the agreed upon timeframe. No refund will be given based on time required for the project to be finished, or for artistic preferences.

PRE-PRODUCTION
Research and creative conceptualisation
Script writing and/or revising (if applicable)
Creation of shotlist, call sheet and pre-production board
Studio booking
Talent booking (if applicable)
Prop and background sourcing
FILMING
Director/Videographer
Production assistant (if applicable)
Includes equipment package
POST PRODUCTION
Video Editor 
Data management and storage
Motion Graphics (if applicable)

5) REVISIONS - 
If needed, up to 2 revisions may be requested per edited video. The client must request any such revision within 14 days of receiving the video. If requests for revisions are made beyond this time frame they will attract additional editing fees at a rate of £40 per hour. In this case Feldt Photography will invoice the client with prior notification and consent.
In the event the client requests a revision that includes but is not limited to; special effects, full re-do of design, additional footage, custom animations, or voiceovers; new charges may need to be introduced which will be invoiced to the client with their prior consent. The videographer has the final say in determining whether a client request will attract new charges.

6) DESTINATION - 
For all shoots deemed as destination (taking place beyond 100km away), additional fees are applicable, such as fuel, round trip airfare, hotel stay for 2-3 days & 1-2 nights pending complexity, and car rentals from airport and back during the stay. All travel can be arranged by clients per specifications of Production Company or arranged by Production Company with agreement of payment invoiced.

7) OVERTIME - 
If at the request of Client additional unplanned and/or un-contracted services (such as, but not limited to, full redo of video/photo design, day-of-event/shoot extension of time, services outside of scope of agreement, management of other activities due to new client requests etc) are considered overtime and will be billed with prior notification and consent at the rate of £40  per hour.

8) INTELLECTUAL PROPERTY - 
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Feldt Photography in accordance with this Agreement, Feldt Photography owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Feldt Photography and may be used in the reasonable course of Feldt Photography's business.
Permitted Uses of Product(s). Production Company grants to Client a commercial license of product(s) produced with and for the Client when releasing the deliverables. 

9) ARTISTIC RELEASE - 
Style. Client has spent a satisfactory amount of time reviewing Feldt Photography's work and has a reasonable expectation that they will perform the Services in a similar manner unless otherwise specified.
Consistency. Production Company will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Feldt Photography's current portfolio and will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client project is different, with different tastes, budgets, and objectives;
Videography & Photography services are often a subjective art and videographer/photographer has a unique vision, with an ever-evolving style and technique;
Feldt Photography will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;


Although Feldt Photography will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Production Company shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Feldt Photography's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

10) REFUND POLICY - Due to the nature of the work, the total amount is non-refundable.

11) CANCELLATIONS, RESCHEDULES, NO SHOWS - In the event of a cancellation or a postponement by the Client within 7 days of the shoot date, the booking fee will not be refundable, and the remaining payment must be paid in full. In the event of postponing the shoot by the Client (at least 7 days before the shoot), the booking fee will be transferrable, however, rescheduling fees apply. In the event of No Show of the parcel for the booked shoot date, the booking fee will not be refundable, and the remaining payment must be paid in full.

12) PRODUCT POSTAGE - If the project entails a product to be filmed, Videographer must physically receive product at least 7 days prior to the scheduled shoot. If product is not received in time for the shoot, rescheduling fees will apply including but not limited to location fees, model fees, and Videographer scheduling fees.

13) PRODUCT – Products that have been sent to the Videographer may be opened and therefore not suitable for re-sale by the Client after the project. In the event of the Client sending more than one of each product, the Photographer minimises the amount of products being opened (depending on the scope of work).

14) PRODUCT LABELLING - If there are any imperfections on products which require extended retouching time (e.g removal of large areas of writing, large scratches that disrupt critical logo components such an any large text or small writing, and reflective labels) may incur additional retouching fees. This will be advised of during pre-production.

15) RETURN - If the Client wishes the products to be returned, the client must let the Photographer know up front. In the event of returning the products to the Client, the Client must provide a shipping label. The products will be sent back after the postproduction is finalized and the client is pleased with the assets. The photographer is not responsible in case of a lost parcel or the parcel being damaged by the postage service provider.
The products may be stored up to 6 months from the project date in case of any possible future projects. If the Client does not wish to enquire another booking and the storage time exceeds 6 months, the products will be discarded or donated.

16) LIMIT OF LIABILITY - 
Maximum Damages/ Loss of Deliverables. In the unlikely event that, by way of technical failure, the footage is lost or tarnished beyond repair, Feldt Photography shall organise a re-shoot or refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. No further liability will be held by the Feldt Photography. Should any of these events occur, Client agrees to full confidentiality and agrees to not tarnish the reputation of the Feldt Photography by way of any negative communication, public or private.

17) RESPONSIBILITY - 
Failure to Perform Services. Production Company is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, Feldt Photography will:
1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

18) IMPOSSIBILITY - 
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Feldt Photography cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

19) GENERAL PROVISIONS - 
The Client have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Event Video/Photo and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.

20) ACCEPTANCE - The Client, and Feldt Photography agree and are legally bound to all terms in this agreement upon signing and the Client paying the deposit.

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