Terms and Conditions
TERMS & CONDITIONS
1.1 Bookings 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 booking form, 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 booking form (and any other forms) is true and accurate in all respects.
2.0 Payment Conditions:
2.1 Once a booking has been accepted you must immediately pay the deposit that we have agreed. Until we have received the deposit (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 (shown on the booking form as Balance Due) in full (and if by cheque that cheque has cleared) no later than 10 days before the date when the Event is to take place. 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 retain the whole or part of the deposit paid.
2.3 If you cancel this booking:
(a) More than 90 days before the date of the event then the deposit will be forfeited; any amounts paid by us to Third Parties previously agreed must also be paid in full.
(b) Within 90 days of the date of the event a sum amounting to 75 per cent of the total Price agreed is payable by you; any amounts paid by us to Third Parties previously agreed must also be paid in full.
(c) Within 30 days of the date of the event a sum amounting to 95 per cent of the total Price agreed is payable by you; any amounts paid by us to Third Parties previously agreed must also be paid in full.
2.4 Any cancellation prior to the event date must be notified to us in writing addressed to us at the address shown in the booking form.
2.5 The Price is the package price purchased or that agreed (including any travel charges or agreed payments to Third Parties). An extra charge of £120 per hour or part hour is payable in the event of additional time or extensions incurred or required on the Event day.
2.6 Interest will be charged on late payments at the rate of 2% per calendar month or part month on any overdue balance.
3.0 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 or woman (where possible an Institute of Videography member) if for any reason the scheduled cameraman or woman 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 booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred.
3.2 Although we make every reasonable effort to ensure that all the equipment and media we use for your Event is in sound working order, if a problem with the equipment or media should arise our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking. In the event of a technical failure and only part of the Event being recorded we will in that case return a fair proportion of the Price.
3.3 Although we will use every reasonable effort to Video Record significant parts of the Event (including for weddings any part of the ceremony, speeches, first dance or other entertainments) the decision as to what is comprised in the DVD production supplied to you is in our absolute discretion. Content and editing decisions are vested with us. In addition, we can give no assurance that we will successfully Video Record any particular aspect of the Event (even though you may have asked us to do so), and any failure by us to capture or include any particular aspect of the Event or failure to do so does not give you any right to refuse to pay the Price or obtain a refund.
3.4 When you enter into this booking 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 booking 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 our employees.
3.6 We will carry out our 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.
3.8 You grant us exclusive rights to Video Record your event. You agree that we are the sole video production company (videographer) hired for your event and that we have exclusive rights to Video Record. That no other video recordings are made on the event day other than those agreed by us in writing no later than seven (7) days prior to your event date. Failure to abide by this condition and this agreement will result in us having no liability to you and at our discretion all payments made will be forfeit.
4.0 Ownership of the Master Tape or Files and Copyright:
4.1 The Master Tape and Video Recordings remain our property. Copyright in the Master Tape and Video Recordings are held by us. This means that:
(a) We reserve the right to dispose of the Master Tape and Video Recordings in our absolute discretion.
(b) We do not accept liability in relation to any loss of and/or damage to the Master Tape or Video Recordings.
(c) Neither you nor any one on your behalf are allowed to make any copies of any tapes, discs, recorded media or digital storage media supplied to you unless we have agreed in writing that you may do so.
(d) DVDs and media content delivery to you is licensed for Public Performance License (PPL) & MCPS where appropriate for your private viewing under these terms and conditions for weddings or private events only. You are prohibited from publishing, broadcasting or distributing in any form whatsoever any produced content in part or whole.
Please note that the copying of tapes, discs or digital storage media without our consent is a breach of copyright for which you may be liable in damages.
4.2 Master Tapes and Video Recordings are kept for a period of one year from the time of your event date.
4.3 We reserve the right after you have received your copy of the DVD(s), to show the material or part of it to any prospective client who may wish to see a sample of our work, or to enter the material into competitions or use extracts in our show reel or use the material for other marketing purposes.
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 Event, that all persons attending or participating in the Event have consented to being recorded.
Extras & Change of Conditions:
5.0 If you ask us to provide any extra services or wish to change any event conditions after you have signed this Booking Form these may be subject to additional payments which we will agree with you. Those extra services or conditions will, if accepted by us, be carried out on the basis of these Terms and Conditions.
Consents:
6.0 It is your responsibility to obtain Video Recording consent from the owners of the Ceremony or Reception venues, or other venue where the Event is to be held.
All persons involved in the Event, such as any person conducting a ceremony, choir, organist and other musicians or entertainers give their consent to Video Record, and all fees required are paid by you prior to the recording date.
If you fail to obtain consents, this may mean that we are unable to Video Record the ceremony or the Event or release the DVD(s) or materials to you until that consent (which is required for copyright reasons) has been obtained; and that if these remain outstanding we may have no further liability to you, and any payments previously made by you may be forfeit.
7.0 Schedule and Quality Control:
7.1 We will try to agree a schedule of contents of the Video Recording with you. Please note that the contents of the schedule does not form part of our agreement with you.
7.2 We will assume that you accept the quality of the finished DVD(s) or material supplied to you unless you tell us to the contrary in writing within 14 days of the material being sent to you. If you do notify us within that period you must 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 the content 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.
Definitions:
8.0 In these Terms and Conditions:
"us" and "our" means Moving Memory Professional Video or our authorised representative(s),
"you" "the client" is the person or persons making the booking and who are entering into the legal obligation.
The "Booking Form" is the form signed by you set out herein attached (which forms part of this Agreement).
"Price" and "Deposit" means the contract price payable to us for our services and the advance payment respectively.
"Third Parties" are person(s) hired by us in order to fulfill the requirements of our agreement.
The "Event" is the ceremony and associated activities that you have asked us to video record and which is detailed in the Booking form.
"DVD" or "disc" or "tape" "video tape" includes any format or digital storage media on which the recording is made or delivered.
"Video Record" or "Video Recording" refers to a recording of both video and audio in the PAL UK 625 line television system, either combined in synchronization or separate.
Your booking of our services is an acknowledgement that you have read, understand and accept our Terms & Conditions.
We reserve the right to add, change in part or in whole, any of the Terms & Condition included. Therefore we ask you to visit our Terms & Conditions periodically.