AGREEMENT


THE AGREEMENT

This agreement is between Ryan Mobberley (“Videographer”) and (“Client”) and is effective on the date of last signature to this agreement. 

1. THE PROJECT

1.1. The Videographer will:

  1. attend and film the bridal prep (venue: Alex's Parents' House, Alex's Parents' House), the wedding ceremony (venue: Beaumont Hall, Redbourn Rd, St Albans AL3 6RN), and the wedding reception (venue: Beaumont Hall, Redbourn Rd, St Albans AL3 6RN) on the 8/8/2020 (the “Project Date”); and
  2. edit the video into the “Project Deliverables” specified in the order summary table below,

(together, the “Project”).


Wedding Quote

× 1 ✓ Highlight Film

Lasting between 5 and 7 minutes long, this short film allows you to relive all of the best bits of your day in a format that you can sit down and watch whenever you like, with whomever you like. It’s even perfect for sharing online with friends and family who couldn’t make it, or those that could make it, but want to see it all again. This is sure to have you laughing, crying and feeling like you’re right back in that aisle all over again. Includes all-day coverage from prep to dancing.


 × 1 ✓Ceremony Video

For when you want to remind them of those vows they made. 

A full video of your wedding ceremony, allowing you to rewatch your vows, your readings and that moment you said ‘I do’.


 × 1 ✓Speeches Video

For when your dad wants to hear his ‘top-notch’ jokes again. 

A full video of the speeches at your reception, so you can laugh, cry and groan all over again.


 × 1 ✓Legal Ceremony coverage

Coverage of the legal ceremony on 6th August, edited into a separate, non-creative and chronological video depicting the entire ceremony.

£350.00× 1£350.00✓

Total:£2,350.00


 1.2. All editing, re-touching and post production in connection with the Project will be carried out in the Videographer's discretion and using the Videographer's style. The Videographer will try to ensure colour balance and consistency, but due to greatly varying lighting conditions, this cannot be guaranteed and some colours or brightness may alter throughout a sequence of video. 

1.3. Unless otherwise agreed, the Client accepts the Videographer’s creative decisions relating to or in connection with the Project (including but not limited to: music choice and shot choice).


2. VIDEOGRAPHER’S RESPONSIBILITIES

2.1. The Videographer affirms that they:

  1. have the experience and ability to perform the Project in the manner set out in this agreement;
  2. will carry out the Project in a professional manner; and
  3. will respect the confidentiality of any personal information the Client gives them.


3. CLIENT’S RESPONSIBILITIES

3.1. The Client agrees:

  1. to provide the Videographer with what they need to complete the Project, when they need it;
  2. to secure permission of the venue(s) for the Videographer and any additional members of the AK Films team to set up video equipment and record (including with lighting) for the purposes of the Project; and
  3. to provide the Videographer and any additional members of the AK Films team with a meal on the Project Date, due to the length of time required to film a wedding. Client Initials: AC


4. DELIVERY

4.1. Subject to the Videographer receiving the Client’s payment in full in accordance with clause 6 of this agreement, the Videographer will deliver the Project Deliverables within 112 calendar days of the Project Date in the following format: an mp4 file of the video(s), delivered on a USB flash drive.

4.2. If something occurred on the Project Date that the Client does not want to appear on the Project Deliverables, the Client must instruct the Videographer within seven days of the Project Date. Client Initials: AC


4.3. Final versions of all Project Deliverables will be stored by the Videographer for one year after the Project Date, for the purpose of making additional copies. The Client may purchase additional copies of the Project Deliverables from the Videographer within that timeframe.


5. COVERAGE

5.1. Video taken during the course of the Project will be at the discretion of the Videographer and no shots are guaranteed, although every effort will be made to comply with the Client's requirements discussed with the Videographer prior to the Project Date. 

5.2. The Client acknowledges that the Videographer's movements may be restricted by venue staff and other third parties. The Videographer and any additional members of the AK Films team will abide by all rules of the venue and/or directions of the venue staff with regard to video set-up and will not be held responsible for absence of certain shots, obstructions or insufficient audio quality due to such rules or directions, or due to interference by the couple getting married, wedding guests or vendors - including the photographer. The area from which the Videographer is able to cover some or all elements of the Project may not be the Videographer's choice and the Videographer accepts no responsibility for any obstructed view should this be the case.

5.3. The Client acknowledges that videography requires reasonable lighting and that production may be compromised due to low/poor light levels. Client Initials: AC


5.4. The Videographer will try to capture the groom prep as well as the bridal prep, but the Client acknowledges that this is not always possible. 

5.5. The Videographer and any additional members of the AK Films team will stay at the wedding until the Videographer feels that they have sufficient video footage to create an accurate depiction of the wedding day. This is usually after the first dance/cake cutting, but will be determined at the Videographer’s sole discretion.

5.6. The Videographer reserves the right to decline outdoor filming in the event of bad weather.

5.7. The Client warrants that the Videographer and any additional members of the AK Films team are the only authorised and official Videographers for the Project. Family and friends of the Client are permitted to film the Project, for non-commercial purposes, provided that such person or persons do not interfere with the Videographer’s duties. If, in the opinion of the Videographer, such person or persons are inhibiting the Videographer from performing his or her duties, Client will require the person interfering with the Videographer to stop all further filming.

5.8. If the Client has opted for the Video Message Station, it is the responsibility of the Client to ensure that guests are informed of the existence of the Video Message Station and encouraged to use the Video Message Station. For the avoidance of doubt, the Videographer will not be liable where the Client feels an insufficient number of people have used the Video Message Station.


6. PAYMENT

6.1. The Client will pay the following fees for the Project: 

  1. a non-refundable deposit of £587.50 which is payable upon the Client’s signature to this agreement; and 
  2. the balance of £1,762.50 which is due and payable 30 calendar days before the Project Date.
  3. Client Initials: AC

6.2. If there is a major change to the Project midway, the Videographer may charge additional fees. The Videographer will determine whether a major change has occurred. For clarity, “major changes” include, but are not limited to: requests for different/additional Project Deliverables to those agreed to in this agreement; the Project Date becoming more than one day; changes to the venue of bridal prep, the ceremony, or the reception, as defined in clause 1.1 of this agreement.

6.3. Any requests for stylistic changes, video or music editing changes, insertions, or deletions will be considered "Additional Editing”. Fees for Additional Editing are £30.00 per hour. Additional Editing will be done at the Videographer’s leisure and will be paid in accordance with the payment terms set out in the relevant invoice. Requests for Additional Editing must be made within 7 calendar days of the Project Deliverables being sent (either by email or in the post). Additional Editing fees will not be imposed where the revision is required due to an editing error by the Videographer, and the Videographer (acting reasonably) agrees that this constitutes an error. Where the Videographer agrees there is an error, Additional Editing will be completed within 14 calendar days.

6.4. If the Client does not pay any fee payable under this agreement by the relevant due date, the Videographer shall be entitled (without prejudice to any other remedies it may have) to charge and receive interest on the amount outstanding at the rate of 4% per annum, which will accrue from the date that the fee became overdue until the date on which payment is received by the Videographer and will be calculated on a daily basis until full payment is received.


7. COPYRIGHT

7.1. All raw footage and computer files relating to the Project remain the property of the Videographer. The Client is not entitled to receive any raw (unedited) video files.

7.2. The Client will ensure that they have permission for any material they wish to be included in the Project Deliverables, including any copyright material. The Client must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Videographer supplying the service.

7.3. The Videographer will ensure that permission is sought for the inclusion of any copyright material, such as music, used by the Videographer in the Project Deliverables. 

7.4. All copyright and other intellectual property rights in the Project Deliverables belong to the Videographer, but the Client will be entitled to use the material supplied under this agreement solely for personal use, subject to payment in full of all fees payable under this agreement.

7.5. By initialing below, the Client acknowledges that the Videographer has the right to display any Project Deliverables covered by this agreement to generally promote their business in advertising, blogs, websites, social media posts, venue and other vendor samples, and other such material. Client Initials: AC


8. TERMINATION

8.1. The Client has an initial 'cooling off' period of 14 calendar days after signing this agreement in which to cancel this agreement and receive the deposit back in full. 

8.2. After those 14 calendar days, this agreement may be terminated by either party with 30 calendar days’ written notice, subject to clauses 8.3 and 8.4 below. If the Videographer terminates the agreement, they will give the Client as much notice as possible, and will refund the Client with any fees paid up to the date of the termination. If the Client terminates the agreement, they will give the Videographer as much notice as possible, will forfeit any previous non-refundable deposits, and will pay the Videographer for work done up to the date of termination, including planning, shooting and editing, charged at £10 per hour spent so far. Client Initials: AC


8.3. In case of a change in the Project Date (including time of the Project), the Videographer will make reasonable efforts to accommodate the change. However, if the new time or date conflicts with the Videographer’s existing schedule, the Videographer reserves the right to terminate this agreement immediately on written notice to the Client (including via email). In the event of such termination due to the Client’s change to the Project Date, the Client will forfeit any previous non-refundable deposits.

8.4. In the case of illness or injury to the Videographer prior to the Project Date rendering them unable to attend on the Project Date, the Videographer will use reasonable endeavours to arrange alternate cover where possible. Where alternate cover is not able to be arranged, the Videographer will use reasonable endeavours to give to the Client as much notice as possible in terminating this agreement, and will refund the Client with any fees paid up to the date of the termination.


9. LIABLITY

9.1. Nothing in this agreement shall exclude or limit the liability of:

  1. either party for death or personal injury resulting from that party’s negligence; 
  2. either party for fraud or fraudulent misrepresentation; 
  3. either party for any liability which cannot be excluded or restricted by law; or
  4. the Client for any fees payable under this agreement.

9.2. Subject to clause 9.3 below, the total aggregate liability of either party to the other (including for negligence, breach of contract or otherwise) arising in connection with this agreement will be 100% of the fees payable under this agreement.

9.3. The Client indemnifies and holds the Videographer harmless from any and all loss, damage, or liability, including legal fees, for any copyright infringement committed by the Client in the Client's use of this Project or failure to comply with clause 7.2 of this agreement. The liability cap set out in clause 9.2 above will not apply to this clause.

9.4. The Videographer and any additional members of the AK Films team will not be liable to the Client or any third party for any loss (whether direct or indirect) of profit, revenue, anticipated savings, goodwill, business interruption, complaints, claims, wasted expenditure or any loss or corruption of data, or for any indirect or consequential loss or damage whatsoever arising from or in connection with the Project.

9.5. The Videographer will not be responsible for failure to attend any venues on the Project Date or for deadlines missed due to circumstances beyond the Videographer’s control, including (without limitation) acts of God (including fire, flood, storm, lightning, landslides, earthquake or other natural disaster), act of terrorism, war or civil unrest or disturbances, but the Videographer will use reasonable endeavours to give to the Client as much notice as possible and will use reasonable endeavours to arrange alternate cover where possible. 

9.6. The Videographer makes no guarantee that the Project Deliverables or services provided in connection with the Project will be received positively by third parties.



10. GENERAL

10.1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

10.2. This agreement sets out all of the terms agreed between the parties relating to its subject matter. In entering into this agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, promise, condition, undertaking, term or warranty (whether made innocently or negligently), except those expressly stated in this agreement. 

10.3. This agreement will not be modified or otherwise altered unless approved in writing by both parties.

10.4. This agreement (including any related non-contractual obligations) shall be governed by and construed in accordance with the laws of England and the parties submit irrevocably to the exclusive jurisdiction of the English courts.

Videographer's printed name: Arran Kenny

Client’s printed name: Alex Clifford



Client Signature: Alexandra Clifford

By clicking the "Electronically Sign Contract" button you agree that you are signing this agreement electronically and consent to be legally bound by the agreement's terms and conditions. You further consent to electronic delivery of any communication and documents except where specifically requested or required by law.