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Terms of Videography Services

  Definitions

"The Videographer" meaning Candyman Art studio (Candyman Entertainment LLC). "The Client" meaning any person, body of persons, firm or Company with whom the Videographer enters into a contract for the sale of goods or provision of videography services by the Videographer.

   Acceptance of Terms of Videography Services

All contracts and transactions between the Videographer and the Client whether made orally or in writing are subject to these terms of Videography Services which shall be deemed to be incorporated into any contract between the Videographer and all or any of its Clients.

   Copyright and Ownership 

In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all videos, audio, and images created by the Videographer is owned by the Videographer. Unless the Videographer gives written authorisation, the Client is forbidden by law to copy any videos, audio, and images created by the Videographer and agrees that all  videos and audio, digital duplications or copies of any type made from videos, audio, and images created by the Videographer shall only be carried out by the Videographer. The licence to reproduce such videos, audio, images is granted to the Client on the understanding that all invoices are paid within the Videographer's stated payment terms. 
Reproduction rights (if and when granted) are strictly limited to the use specified on the Videographer's invoice and/or quotation. An agreement must be reached with the Videographer before the videos are used for a different purpose or after the licence to use has expired. The Videographer reserves the right to charge an additional fee if the videos are used for purposes other than what is shown on the Videographers invoice and/or quotation. 
If the Client wishes to own the copyright of videos created by the Videographer, an additional fee will be paid by the Client to the Videographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. The Videographer may contact the copyright holder of the said image to confirm that authorisation to copy the image has been given. The Client agrees to fully indemnify the Videographer in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party. 
All original videos, audio, images, effects, animations, transparencies and digital files created by the Videographer remain the property of the Videographer. The Videographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.  
The Videographer reserves the right to make reproductions of videos created during assignments for marketing, promotional, competition and editorial purposes. 

   Cancellation Fees / Overruns 

If a booking is cancelled by the Client within one working day of the starting time, the Videographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within seven working days of the starting time, the Videographer may charge 50% of his fee. For cancellations/postponements due to weather conditions, the Videographer reserves the right to charge his full fee and expenses due to weather conditions on location.
In such instances, the Videographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, props, model fees etc), that the Videographer may have incurred prior or during the assignment taking place.
The Videographer may make additional charges should an assignment overrun which is beyond the control of the Videographer ( e.g. including but not limited to; the Client requesting additional videos over and above the Client's original brief etc). 

   Payment Terms

For all non-account Clients, payment for all products and services provided by the Videographer must be made upon completion of the assignment.
For authorised account holders, payment of the Videographer's invoice must be made within 30 days of the date of that invoice. The Videographer reserves the right to withdraw account facilities and services without notice should the Client fail to pay the Videographer's invoice(s) within 30 days.
The Videographer reserves the right to charge interest on all overdue invoices at a rate of 15% per month.

   Retention of Title 

The Videographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Videographer have been paid in full. Furthermore, the licence to reproduce videos created by the Videographer will also be revoked until payment has been made. 

   Fees and Expenses 

All prices quoted to the Client apply only to the original job description and specifications given to the Videographer by the Client. The Videographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Videographer shall endeavour to provide an indication of what these additional charges will be. 

   Representation

The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the Videographer's interpretation of the Clients brief. In the event of no Client representation, the Videographer's interpretation of the brief shall be deemed as correct.

   Sizes and Colour Matching

Whilst every effort is made to meet the Client's requirements, all sizes quoted by the Videographer are approximate. The Client must inform the Videographer on occasions where accurate sizing is critical.

   Audio & Video Laws

Client is responsible for notifying (l) the venue, (ll) event attendees and guests, (lll) the proper authorities, owners, government officials, agents or representatives and (lV) any other applicable parties that client will be recording video with audio at the event. Client will ensure that by contracting Candyman Art Studio for videography services to record video and audio at the event, both Client and the Videographer are complying with all applicable local, state and US laws.

   Guest & Attendee Video/Audio Notification

Client is responsible for notifying guests and attendees that Client have contracted videography services of Candyman Art Studio to film the event. Client represent, warrant and understand that Client alone are responsible for notifying guests and attendees that Candyman Art Studio will be recording video and audio at the event and directing those who wish not to be captured on video or audio to avoid Candyman Art Studio videographers.

   Delivery Shortages / Loss and Damage in Transit

Claims for damage, non-delivery or shortages will not be considered unless notified in writing within seven days of delivery.  
The Videographer will make reasonable endeavours to ensure that items delivered by a third party are suitably packaged for transit. The Videographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Videographer will provide suitable loss/damage cover for an additional charge. 

   Confidentiality 

The Videographer acknowledges that in the performances of the videography services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Videographer agrees to keep this information secret and not to disclose such information to other parties except as required by law. 

   Conduct 

The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The Videographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Videographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms of Videography Services. The Client will fully reimburse the Videographer or his agents for any loss/damage they cause to property or equipment. 

   Delivery of Products and Services 

The supply of products and services are provided by the Videographer on a best endeavours basis. The Videographer will not be liable for delays that are beyond his reasonable control. The Videographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Videographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.  

   Prices & Terms

All prices shown within the Videographer's price list are subject to change without prior notice. The Videographer reserves the right to amend these Terms of Videography Services without prior notice.

   Rush Services

The Videographer reserves the right make an additional charge should the Client request a rush service. These videography services are subject to availability and cannot be guaranteed.

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