This agreement contains the entire understanding between Divine Productions lismore and the client. It supersedes all prior and simultaneous agreements between the parties and may only be changed in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. This Agreement is made effective for all purposes in all respects of videography/ photography. Donovan Simpkin shall be referred to as “Divine Productions” and the couple referred to as “client” The wedding day or part the of shall be referred to as the “event(s)”
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the event(s) Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Divine Productions by the client. No responsibility will be taken for loss of coverage by Divine Productions should the schedule or location change without notice. On the day of the event(s) or before, the client is to advise of whom will be M.C /coordinator as soon as possible so arrangements can be made to accommodate the required needs of the client on the day. It is advised that an itinerary is provided 1 week before or earlier with contact details of other vendors and M.C. Divine Productions shall be notified 10 minutes before all notable activities to allow for filming preparation. Divine Productions will not be responsible for missed footage/photos due to sudden or non notified activities.
Divine Productions Agrees to be present at or before scheduled time of events
RESPONSIBILITIES: Divine productions agree to deliver all material as quickly as possible and although post production is normally complete within 6 weeks Divine productions agree to complete no later than 12 weeks of event. Delivery consists only of agreed contents outlined in selected package at time of signing and does not include raw files. Additional time may be required for package additions not outlined in original package. Divine Productions is not responsible for compromised coverage due to causes beyond the control of Divine Productions including but not limited to obtrusive guests, the lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided to Divine Productions, rendering of decorations, or restrictions of the locations. Divine Productions is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the coverage. Note pore lighting may hinder the quality of the footage. Divine Productions will not be held accountable for failure to deliver footage of any individuals or any objects at the event(s) Divine Productions is not liable to deliver every video clip taken at the event. The determination of footage delivered to the client is left to the discretion of Divine Productions.
VENUE AND LOCATION LIMITATIONS: Divine Productions is limited by the rules and guidelines of the location(s) and site management. It is the responsibility of the client to gain any required permissions / permits to film or photograph at venues prior to the day. The client agrees to accept the technical results of their imposition on Divine Productions including lighting or lack thereof or physical restrictions.
Drone use: Not all venues are suitable for drone use, drone footage will only be taken in accordance with rules set out by CASA The Civil Aviation Safety Authority. It is the responsibility of the client to seek permission to fly from venues prior to event.
SAFETY: Divine Productions reserves to right to terminate coverage and leave the location of the event(s) if there is inappropriate, threatening, hostile or offensive behavior from any person(s) towards Divine Productions. Divine Productions reserves to right to terminate coverage in event of malicious damage to any equipment by client or guests. The client is responsible for any damage to equipment as result of client or guest. Divine productions will take every measure to ensure the safety of clients and guest, protection of equipment and venue property.
FILM and COPYRIGHTS: The photographs and footage produced by Divine Productions are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Divine Productions explicitly written permission. Upon full payment, limited copyright ownership of the resulting images and footage will be transferred to the client. Divine Productions grants the client permission to share the images and videos on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to Divine Productions. The client must obtain written permission from Divine Productions prior to publishing or selling the photographs or footage. In accordance with copy right laws all online films will only contain Licenced music. The client agrees to only share films online that have been cleared for on line use.
MODEL RELEASE: The client hereby assigns Divine Productions the irrevocable and unrestricted right to use and publish photographs and video of the client or in which the client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits that may arise from the use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned videography from Divine Productions is unable to perform to the guidelines of this contract due to an injury, illness, act of God, or other cause beyond the control of Divine Productions, liability is limited to the return of all payments received for the event(s) In the unlikely event that all digital files have been lost, stolen, or destroyed for reasons beyond Divine Productions control, including but not limited to camera, hard drive, or equipment malfunction, Divine Productions liability is limited to the return of all payments received for the event(s) The limit of liability for a partial loss of originals shall be a calculated on percentage of amount of footage lost and total footage retained. Divine Productions is not liable for the loss of footage beyond the final delivery of all products.
POST PRODUCTION AND EDITING: Although every effort to obtain the true essence of the day is taken the final post production and editing styles, effects, music and overall look of the footage including music are left to the discretion of Divine Productions.
SHOOTING TIME / ADDITIONS: Shooting commences at the scheduled start time and ends at the scheduled end time. All additional time if commissioned, beyond the scheduled end time will be billed to the client at $100/hour. Additional changes may be applicable for post event upgrades & additional editing.
PAYMENT SCHEDULE: A 20% non-refundable retainer fee is due at the time Booking. The remaining balance is payable at any time up until (2) two full weeks prior to the event(s) In the event the client fails to remit payment as specified, Divine Productions shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the event(s) Services or merchandise not included in this initial contract will be sold at the current price when the order is placed.
Donovan Simpkin / Divine Productions Lismore
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