Terms & Conditions
Standard Terms and Conditions
This Client Services Agreement (“Agreement”) is entered into, and is effective as of the Agreement Date (as defined by the contract) by and between Ben McFadyen (“These Wild Eyes”) and the person(s) identified as the Client of this Agreement.
1.1. “Assignment” refers to the wedding day and any related cinematography services described on the Agreement that Client is specifically commissioning cinematography to perform.
1.2. “Cancellation” means that the Assignment is cancelled by the Client and not rescheduled. In the event of cancellation, the Client will be responsible for those fees, costs and charges set out in section 5.2 below.
1.3. “Cinematographer” means the Cinematographer/Videographer identified on the Agreement and the Studio.
1.4. “Postponement” is the rescheduling of the Assignment by the Client at least 60 days prior to the Assignment to a mutually agreeable date, and no more than 120 calendar days after the original Assignment date.
1.5 “Work” means all video related files, speeches, ceremony all created by Cinematographer while performing the Assignment.
2. LIMITS OF LIABILITY. These Wild Eyes takes the utmost care with respect to the exposure, development and delivery of all content. However, in the event that These Wild Eyes
fails to comply with the terms of this Agreement due to any event or act which prevents the delivery of the Work from the Assignment, the TWE liability to the Client shall be limited solely to
a refund of all money paid by the Client to TWE, and the Client’s sole remedy shall be receiving a refund of all money paid by Client to TWE.
3. SPECIFIC IMAGES. TWE and Client further agree that that TWE cannot be held responsible for any specific image that may not be delivered. The Client acknowledges and understands that
Cinematographer uses a highly stylised and photojournalistic approach to the Assignment, with few prearranged or posed shots. Any failure by TWE to deliver any specific content shall not be a breach of this Agreement,
shall not result in a refund of any money paid by the Client to TWE, and TWE shall not provide any other remedy to the Client.
4. PAYMENT SCHEDULE. The Client must pay the deposit fee to secure booking within 5 days of agreement, and final payment described below before the Cinematographer has any obligation to perform the Assignment.
The Client’s failure to pay the booking fee, and final payment shall be deemed a material breach of this Agreement, shall result in damage to TWE, and shall relieve TWE and the Cinematographer from performing any services under this Agreement.
4.1. RETAINER. The retainer fee described on this Agreement reserves the Cinematographer’s services for the Assignment on the date and time, and at the location(s) described.
The retainer fee is due and payable when the Client signs this Agreement and/or within 5 days. The retainer fee is non-refundable.
4.2. FINAL PAYMENT. The final payment described on this Agreement is due and payable no more than 3 daysafter the date of the Assignment.
5. POSTPONEMENT. The Client acknowledges that in the event that there is a Postponement of the wedding TWE will suffer a loss, and that the Client will notify TWE of a Postponement as soon as possible in order to minimise TWE’s loss.
If there is a Postponement, TWE and Client agree that the Client shall pay to TWE within 10 days of any Postponement as liquidated damages and not as a penalty, 25% of the entire fee, which represents a compromise portion of the actual
damages sustained by TWE due to the Postponement. This sum shall be in addition to the non-refundable payments described in Sections 4.1 and 4.2 above paid by the date of the postponement.
5.1. CANCELLATION. The Client acknowledges that in the event that there is a Cancellation of the wedding TWE will suffer a loss, and that the Client will notify TWE of a Cancellation as soon as possible in order to minimise TWE loss.
5.1.1. If a Cancellation is made by the Client within 6 months of the date of the wedding, TWE and Client agree that the Client shall be liable to pay TWE the entire fee (as set out in the payment schedule) within 10 days of the
5.2.2. If a Cancellation is made by the Client more than 6 months from the date of the wedding, TWE and Client agree that the Client shall be liable to pay TWE 50% of the entire fee (as set out in the payment schedule), less the deposit paid to TWE within 10 days of the Cancellation.
6.1 SOLE PHOTOGRAPHER. The Cinematographer shall be the sole professional Cinematographer at the event. The Client acknowledges that the presence of Other Cinematographers will adversely impact the ability of the Cinematographers to create
the Work and as a result the Work may fail to meet the standards represented by TWE in its portfolio and samples.
7. COPYRIGHTS. The Work created by the Cinematographer during the Assignment constitutes the copyrighted work of the Cinematographer and TWE. The Work at all times shall remain the property of the Cinematographer and TWE.
Any portion of the Work delivered to the Client is for the Client’s personal use only. The Client may not sell or reproduce, nor authorise the sale or reproduction of, any portion of the Work without TWE’s written consent.
8. MODEL RELEASE. The Client shall permit TWE to use images of the Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to the Client.
9. MEALS. The Cinematographer and/or the second Cinematographer (if requested) shall each be provided an entree (if applicable), main meal and refreshments.
If the Client does not provide such meals, then the Client agrees to reimburse TWE for meal expenses for the Cinematographers.
10.1 ILLNESS & INJURY. In the unlikely event that the Cinematographer is unable to perform the Assignment due to illness, injury, acts of God, or other unforeseen circumstance beyond the Cinematographer’s control, then TWE shall refer the Client to another professional
Cinematographer to perform the Assignment from the network of photojournalistic wedding Cinematographers maintained by TWE. TWE will work in good faith to find the best replacement Cinematographer possible for the Assignment.
TWE shall not be responsible for the services provided by any such replacement Cinematographer and TWE shall not be liable for any damage or injury sustained by the Client, if any such replacement Cinematographer retained by the Client,
fails in whole or in part, to perform the Assignment.
10.2.The Client acknowledges TWE will be responsible for payment to replacement Cinematographer and TWE will otherwise take responsibility for the editing, grading and exporting of the video content taken by the replacement Cinematographer.
11. LOCATION COSTS & FEES. If there are any costs/fees associated with the location the client has chosen for their session, the client, will be responsible for those fees. The Cinematographer will not guarantee or arrange payment on any location.
TWE covers travel within 70 km from Fitzroy North. Any location outside of these limits will be subject to an additional charge of $2/km as part of the agreement unless otherwise discussed.
12. COVERAGE. The client agrees to reimburse TWE should the coverage exceed what was agreed upon prior to the assignment. Each additional hour will incur a $300 fee.
13. EQUIPMENT & DIGITAL FILES. TWE will not be liable for the following event should they inhibit or prevent completion of this assignment in whole or in part. Although all equipment is checked
regularly and reasonable steps are taken to ensure backup equipment is available, the Cinematographer will not be responsible for video content that are not produced due to technical failure.
This includes:- The effect of the weather or unknown environmental conditions.- Damage or theft incurred to any or all equipment owned or used by TWE where they have upheld responsible preventative
measures.- Damage or injury to any guest that recklessly or neglectfully interferes with any equipment owned by TWE.- Loss or damaged digital files in transit or during post production
where they have upheld responsible preventative measures.
14. COLLECTION. In the event that TWE is required to file legal proceedings to recover fees from the Client pursuant to this Agreement, or to otherwise enforce this Agreement, then TWE
shall be entitled to recover all cost and expenses incurred by TWE relation to such legal proceedings, including an award of reasonable legal costs.
14.1. DELIVERABLE ITEMS. The client will receive a 5-7 minute video. Files will be supplied to client via a dropbox link and/or a wetransfer link .
15.LIMITATION OF COMPLAINT: The couple will have seven (7) days after video delivery to make TWE aware of any issue, discrepancy, technical problem, or any other complaint regarding video, their quality and contents, or anything relating to wedding day coverage.
After this seven (7) day term has expired, TWE will no longer be liable to the couple for any corrections, damages, refunds, re-edits or re-shoots.
Re-edits after this term may be made if deemed appropriate by TWE, but the hourly fee of $200.00 for re-editing will be billed with a minimum one hour required.
16. JURISDICTION & VENUE. This Agreement shall be construed according to the laws of the State of Victoria and the Client, TWE agree that the proper venue for any legal proceedings related to this Agreement is in the State of Victoria.
17. All invoices need to be paid within 10 working days or unless discussed.