Sample Video / Photography Agreement

TERMS, CONDITIONS, RECOMMENDATIONS

BEFORE MAKING A RESERVATION, the photographer/ videographer recommends that the client visit the Q&A page.

RESERVATION:  The photographer/ videographer will pencil in a requested date upon the client's verbal or written request, but to fully reserve the date the photographer/ videographer requires a 50% deposit. The balance is due on or before the event day.    

PRE-CONSULTATION: The parties agree to a pre-event consultation in order to avoid confusion about shooting times, locations, and any direction or instructions that the client might feel necessary.  

HOURS -  The photographer/ videographer's clock commences when he/she arrives at the client's first location. 

LINE OF SIGHT - As the photographer / videographer is hired to produce professional video / photographs it is paramount that he/she is able to have a clear line of sight to the principles (those being videotaped/ photographed) and it is the responsibilty of the client to instruct their guests to be mindful of the photographers and videographers, to not stand in their way or attempt to capture their own video/ photographs from prime vantage points.       

FINAL MEDIA (video or photo) LIVE EVENTS - The photographer / videographer will make every effort to give the Client outstanding audio and video recordings, but makes no guarantee either expressed or implied, with regard to the quality of either the audio or video recordings, which are subjective and influenced by many factors which might be beyond the videographer’s control, especially during live events. It is also understood that the client is hiring the videographer for technical and artistic expertise, and that the videographer will fashion the film in a way consistent with his portfolio and consistent with the package/options chosen by the client.  

PAYMENT: the photographer/ videographer accepts cash, checks (payable to David Marsh) and credit cards through Paypal for a 3.1 fee.  

LATE PAYMENT AND OVERTIME PAYMENT: It is a standard practice in the event business for vendors to be paid on or before the event day.  If the client forgets to bring a check or other payment method for the balance owed, as sometimes happens at events, the photographer/ videographer  in good faith, will fulfill his filming obligation with the understanding that he will be paid within 3 business days.  Overtime payments to the photographer/ videographer (when the client asks the photographer/ videographer to film after the scheduled time has expired) must be paid within 10 days after the event. The photographer/ videographer reserves the right to add a late payment charge of $200 to the balance payment or overtime payment and an additional 2% per month accruing interest until paid. When full payment is received the photographer/ videographer will schedule the necessary post production for the client's film.     

OWNERSHIP OF THE MEDIA.  The client is the copyright owner of the photographs and or video that Kauai Video Productions shoots and edits for the client, however, for a flat fee of $50, the client licenses to Kauai Video Productions the right to use and publish the recorded video and photographic images for editorial, trade, and advertising purposes, and to alter the same without restriction.  Note: the fees listed on the Kauai Video Productions pricing page reflect the $50 payment to Kauai Video Productions; if the client does not want their video or photographs used for editorial, trade, and advertising purposes, the $50 intially deducted will be added back to the package chosen.   

LIMIT OF LIABILITY: (A) It is the client’s responsibility to advise all attendees that the event will be photographed/videotaped, and the client warrants that each attendee’s presence at the event is an admission that they have consented to be videotaped / photographed. (B) Kauai Video Productions will make every effort to give the Client outstanding video and audio / vibrant photographs, consistant with our portfolio which can be viewed on this website with the caveat that likes and preferences are subjective and media outcome can be influenced by many factors which might be beyond the photographer/ videographer  control, especially during a live, unpredicatble event. (C)The photographer/ videographer takes the utmost care with respect to exposure, transportation, and processing of the  media. However, in the unlikely event that all of the media is lost, stolen, destroyed, for reasons within or beyond the photographer /Videographer’s control, the liability for filming the client’s event is limited to the return of the fee received. 

COMPLETION SCHEDULE: The photographer/ videographer endeavors to complete the editing/delivery of the photographs / video within 2 weeks of the event however delays in completion might occur. Our editing timeframe guarantee for live events is 6 months; for scripted shoots the delivery will be defined by agreement.   

CANCELLATION: The photographer/ videographer will refund 80% of the deposit if the cancellation is six months or more before the event day. If there is less than 6 months, the entire deposit is non-refundable, with the exception of cancellation due to an act of God such as an earthquake or hurricane that causes the closure of the airport or the facilities where the event is scheduled to take place. In the unlikely event that the videographer cannot avail his crew for the event date, the videographer will offer Client the choice of a substitute film crew or a full refund of the deposit, and the client agrees that said refund is all that he/she is entitled to.