Wedding Film Contract
Description of Services
The scope of services that DURAND PRODUCTIONS provides includes documenting the events of the wedding day to the best of their ability for the client. The video footage used in the final video package has been included at the discretion of DURAND PRODUCTIONS. DURAND PRODUCTIONS is not liable for video footage not included in the final video package. DURAND PRODUCTIONS does not guarantee any particular shot, effect, interview, or special request be included in the final video package. The client grants DURAND PRODUCTIONS full production and creative license to film and edit the final video based on their style. Once the film is received the client may request minor changes which are subject to approval by DURAND PRODUCTIONS. If these changes take more than 1-hour of editing an editing fee will be charged. No charge will be incurred to change any obvious errors with photos, video playback, or grammatical errors. Any additional requested edits that take longer then an hour are subject to approval by DURAND PRODUCTIONS and a fee of $100 per hour. It is understood that DURAND PRODUCTIONS is the exclusive official Filmmaker and all others videotaping may do so only at the discretion of DURAND PRODUCTIONS. Filmmakers and staff shall be provided with a meal at the reception and allowed reasonable time for eating. No filming will be done at this time unless prior arrangements have been made with DURAND PRODUCTIONS. If a meal is being served, the same meal will be provided for Filmmakers. Such meals need to be provided for the Filmmakers during the meal time, leaving Filmmakers with enough time to eat before shooting begins. DURAND PRODUCTIONS is not liable for any impromptu events happening during dinner in the case that Filmmakers aren’t seated in the same room as the guests. This allows DURAND PRODUCTIONS to be fully present and not have to exit off-location between the ceremony and reception. It is the responsibility of the client to secure permission of church, synagogue, or other officials to film the ceremony. The payments rendered are non-refundable if such officials, rules or regulations prevent filming. DURAND PRODUCTIONS will adhere to the rules and standards of the church or synagogue, regarding camera placement at ceremony.
Compensation and Fees
An initial retainer payment is due at the execution of this Agreement, which will be applied to the total package price amount. DURAND PRODUCTIONS payment schedule is as follows: 50% of the total price is due at the time of signing; The final 50% of the total package price is due 30 days before the Event. Any a la carte choices made after the initial contract signing and package purchase shall be paid immediately. The specific amount due to DURAND PRODUCTIONS for services is specified in the invoice, and reflects all services agreed on by The Client and DURAND PRODUCTIONS for The Event. The amount due shall be paid in full prior to delivery of any part thereof.
Copyright, Usage and Archiving
DURAND PRODUCTIONS reserves all rights to the media clips/photos obtained for the video production and may use original and/or duplicate photos/video clips for demonstration, publication, or other purposes. Original video clips/photos and copyrights remain the exclusive property of DURAND PRODUCTIONS. UNAUTHORIZED duplication and/or reproduction of the photos/video by the client to sell for profit are a violation of federal copyright laws and are STRICTLY PROHIBITED. DURAND PRODUCTIONS shall be liable for archiving videos/photos made at The Event for a period of 7 months after the date of The Event. DURAND PRODUCTIONS shall not be held liable for archived video/photos lost due to acts of war or terrorism, or natural disasters. After completion of video, DURAND PRODUCTIONS will master the video to a digital HD video file (in High Definition) for archiving and for re-formatting to future media in the years to come. Once delivered, DURAND PRODUCTIONS is not liable for destruction or damage of flash drives owned by client in addition to master file on our local servers in the event of a catastrophe. It is the responsibility of the client to back-up any form of wedding video/photos they receive or purchase the master file from DURAND PRODUCTIONS.
Product Pricing and Order Fulfillment
The target date for completion and delivery of final video product is up to 4-6 months after the date of The Event (if a fully completed questionnaire had been completed). We strive to complete the films well before this time frame, but are not held liable before this target date. The final delivery date for all video products is 6 months after the date of the event, unless the client has paid an additional rush fee to receive the final video product sooner, which will be stated in the clients online order and invoice.
Client will receive 1 HD copy of the wedding film. Upon your signature, DURAND PRODUCTIONS reserves the time and date agreed upon, and will not make other reservations for this time and date. For this reason, a non-refundable 50% retainer must be received before we can reserve your date. The remaining balance must be paid no later than 30 days prior to the wedding date. We cannot begin filming until balance is paid in full.
If DURAND PRODUCTIONS is forced to film longer than the amount of time specified in the invoice, then an overtime fee may be charged to the Client.
Parking
Any Parking fees/travel fees that are incurred on the day of the wedding or on the days of travel (that are not already included in the package chosen) will be invoiced to the client. This does not include fees for parking tickets.
Cancellation
If Client herein cancels the wedding video services for any reason, any fees paid at the time of cancellation (even if the balance is paid in full) are NONREFUNDABLE (Except in the event of a death of the client 90 days prior to the event then client shall receive a full refund.) If The Event is cancelled, The Client must notify DURAND PRODUCTIONS of his/her desire to cancel the contract by email, and upon the receiving of that information DURAND PRODUCTIONS will make an addendum to the contract reflecting the cancellation. Once made, Client needs to sign addendum and return to DURAND PRODUCTIONS.
If Filmmaker cancels due to illness all fees already received will be refunded to the client. If Filmmaker is forced to cancel the contract due to a non-compliant Client (Client violates any terms of the Contract), or due to proven legitimate threat toward the Filmmaker, DURAND PRODUCTIONS may refund all or a portion of the fees already received. Any fees paid for services/products already completed will not be refunded. Any failure to make timely payments may result in cancellation of this contract by DURAND PRODUCTIONS. DURAND PRODUCTIONS will make every attempt to provide notice to Client before cancellation occurs.
Limitation of Liability
If DURAND PRODUCTIONS is unable to perform the services agreed upon for whatever reason, other than an act of God (i.e. inclement weather, unforeseen emergencies), we will refund the total amount of investment agreed upon and received in monetary payment. DURAND PRODUCTIONS is not held liable for emotional damages in the event that we are unable to perform services agreed upon. We are not liable for a cancellation of outdoor wedding due to inclement weather. In circumstances beyond DURAND PRODUCTIONS’s control where Filmmakers hired will not be able to attend reserved wedding date, such as an illness or family emergency, you agree to allow DURAND PRODUCTIONS to hire another one of our professionally trained Filmmakers to fulfill the agreement.
While every reasonable effort will be made to produce and deliver outstanding video of The Event, The Filmmakers entire liability to Client for any claim, loss, injury or damage arising or relating to this Agreement or the performance hereunder of any Filmmaker(s) herein, including the negligence of said Filmmaker(s), is limited to a refund to The Client of the amount paid for services. Client is not entitled to any additional compensation or relief outside of the amount paid for services, including but not limited to emotional damages or any other equitable remedy, and by signing below Client acknowledges the waiver of any claim of action seeking damages above and beyond a refund of the amount Client paid to DURAND PRODUCTIONS for services.
Waiver of claims seeking damages beyond refund of fees paid to DURAND PRODUCTIONS.
Due to the uncontrolled nature of The Event, DURAND PRODUCTIONS cannot guarantee delivery of any specifically requested video footage except for video recordings made under such conditions that The Filmmaker(s) have complete control over all variables which contribute to the production of a video, including but not limited to, lighting, time, subject position and distance to camera. The Filmmaker(s) have the right to refuse to produce any video that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage or property damage or destruction. Additionally, The Filmmaker(s) cannot be responsible for the effects of the subjects' physical appearance, including body position, facial expressions, verbal stuttering, blinking or clothing.
The Filmmaker(s) cannot be responsible for the effects of environmental conditions, including, but not limited to, weather conditions, temperature, existing lighting or aesthetics of the shoot location.
The Filmmaker(s) shall provide no more hours of coverage on the date of The Event than the number specified in the Clients chosen package. Coverage by all Personnel shall be concurrent.
In the event that digital materials are damaged in processing, lost through camera malfunction, lost in transit, or otherwise lost or damaged, the client is entitled to a full refund of services paid. DURAND PRODUCTIONS is only liable to refund the amount contracted for. The client agrees that an entire wedding cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits DURAND PRODUCTIONS's liability to the amount paid under this agreement.
Agreement
This Agreement incorporates the entire understanding of the client(s), and the client(s) agree to all its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties and clients involved. Any modifications of this Agreement must be in writing in the form of an Addendum on this contract or on a separate sheet of paper and signed by all parties. Handwritten modifications to this agreement shall be void. The Client signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement. This Agreement shall be governed by the laws of the State of California. What is in writing in this agreement between DURAND PRODUCTIONS and the paying client is the only agreement under law. No oral or written agreements outside of this document are legal and binding.
Breach of Contract
If any other term of this contract is breached by either party, any compensation is limited to the value of the total package price, unless otherwise indicated. A breach shall be defined as the failure of either party to fulfill the terms of this agreement.
Choice of law
This is a CALIFORNIA agreement and shall be governed by the laws of the State CALIFORNIA. Time is of the essence with respect to the Client’s obligations hereunder. If any dispute arises in connection with or relating to the Agreement or relating to a claim which arises hereunder, then the parties agree that it shall be heard in FRESNO, and the parties waive any defense of personal jurisdiction or lack of venue and consent to the personal jurisdiction of the said courts.
Severability
If any part of this Agreement shall be held to be unenforceable, the rest of this Agreement shall remain in full force and effect.
Attorney’s fees
In any action taken to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, cost and expenses.
Acknowledgment
Each party acknowledges that he or she has had an adequate opportunity to read and study this Agreement, to consider it, to consult with attorneys if he or she has so desired.
This Agreement incorporates the entire understanding of the Parties, and the Parties agree to all its terms, and acknowledge receipt of a completed copy of the Agreement signed by all Parties.
The Client signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement.
Pricing and Payment Policy
Payments shall be due at the following times: 50% due upon booking. Final 50% due 30 days before wedding date. Payments made before The Event date shall be defined as "Retainer(s)" and are non-refundable upon cancellation of The Event (Except in the event of a death of the client 90 days prior to the event, then client shall receive a full refund of services/products paid for), Retainers(s) may be re-applied subject to availability if The Event is rescheduled. Canceled Events must be rescheduled within 60 days of notice of cancellation in order to re-apply retainer(s). If The Event is canceled, The Client must notify DURAND PRODUCTIONS in writing that The Event has been canceled. Otherwise, The Client shall be responsible for the payment schedule as set forth above. Rescheduled events shall be subject to standard pricing in effect on the date to which the event has been rescheduled, and any pricing changes shall be documented in a separate addendum. Additional coverage, not included herein, will be billed separately at the time of purchase. Any discounts will be applied at the time of purchase.
