TERMS AND CONDITIONS GIONE DA SILVA IMAGES
AGREEMENT: A firm and binding agreement exists between Gione da Silva Images (Studio) and Client only after a retainer has been paid. The retainer is non-refundable and must be paid at the time of booking, with the remaining balance due and payable at least a month prior to the event date. This initial retainer is made to secure the exact date for the Studio’s services. If the Client cancels the order or wedding/event less than 2 months prior to the Studio supplying the service (shooting the event), the Client will be liable for the whole invoice value (full service fee) less any retainer/booking fee already paid. If the Client cancels their order 14 days after agreeing to this ‘Terms and Conditions’ and more than 2 months prior to the Studio supplying the service (shooting the event), they shall forfeit the retainer/booking fee.
DISPLAY RIGHTS: All digital file masters (raw material) shall remain the property of the Studio. It is understood that the Studio has the exclusive right to reproduce and use all footage, images, voices and likenesses for public display, advertising and/or exhibition, unless Client gives non-consent at time of booking. All footage produced and/or edited by the studio is protected by Copyright. The client is granted a license to use the final delivered file only for private home uses. Any other permission for the client to use the the final file and/or its images must be granted in writing by the Studio. Client agrees to provide general notice to all guests and service providers that the event will be filmed. With this notice, and by virtue of their attendance, all guests and service providers acknowledge and give permission for the use of their images, voices and likenesses by the Studio.
PRODUCTION & EDITORIAL CONTROL: The Studio is the exclusive official videographer or photographer (depending on what service was booked) retained by Client to cover event. The Studio is granted full production and editorial control by Client regarding all aspects of the production and post-production services for this event. If something occurred at the wedding/event that Client does not want to appear on the film or photographs, Client must instruct the Studio before editing begins. Minor technical editing errors are corrected at no charge (i.e spellings of names/dates, obvious mistakes on our part). ANY other changes that are deemed by the Studio to be subjective or creative, will incur a charge of £150 for up to one hour of re-editing, £75/hour after first hour. After 14 days of delivery an additional £350.00 will be charged for re-capturing and organising the footage and rebuilding of editing project. We will not be able to make any changes whatsoever after 3 months of the delivery date. Client agrees that the Studio is editing in their (Studio) own artistic style, a wedding/event seen from their own eyes. The Studio reserves the exclusive right to edit all film and photographs. Additional copies will be made from the original master and by the Studio. Client is granted only a license to use the production for private non-profit uses, unless other permission is granted in writing by the Studio.
RIGHTS: Client warrants that he/she has the legal rights to anything the Studio includes in the film or slideshow such as photos, audio, music and any other elements used. Client agrees to indemnify and hold the Studio harmless for any loss, damage, or liability for infringement of any rights arising from the use of music and tapes. Client assumes all responsibility for obtaining any necessary permission, music licenses, clearance permits, access to, hook up fees and admission which may be required to film event. The film is for private home use only, and the Client assumes full responsibility and liability for any public performance or display of the film.
STUDIO LIABILITY AND GUARANTEES: The Studio liability is limited to refund of money paid. The Studio takes the utmost care in producing Client’s film or photographs. In the unlikely event that a problem arises and the Studio is unable to provide any material (films or photos), all monies paid will be refunded. The Studio is not responsible for loss of video or audio quality due to restrictions at event locations. The Studio does not guarantee any particular shot, effect, interview or special request. If Gione da Silva Images has personally committed to being the primary event videographer or photographer, and in the very unlikely event that an emergency arises (extreme sickness for example) and is unable to perform the whole service, the Client will be notified immediately and all money paid (including retainer) will be refunded to the Client. If this were to occur, every effort possible will be made by the Studio to recommend and secure another quality videographer/photographer for the Client. This is the extent of the Studio’s liability. Your primary videographer (and/or photographer) is Gione da Silva Images.
FOOD: The Client agrees to provide a hot meal at the reception for each of the film crew (usually 1 or 2 people). The Studio is not responsible for any activities missed during this break/meal time. For that reason, it’s advisable that the crew eats around the same time as the guests since that is a time when the crew is not likely to be filming or photographing.
WORKING CONDITIONS: The Client must provide a safe working environment and is responsible for any damage to equipment done by guests.
PRODUCTION MATERIAL: Including: Song List, directions and completed Plan of Action Guide are due at least two weeks before event date. Production material delivered to Studio after event may not be included in final production.
DELIVERY OF DIGITAL FILES: For videography, it will be approximately 16 to 28 weeks after the event and all pre-production material is received by the Studio. For photography, it will be within 3 months after the wedding. The completion period is only an approximate length of time and any longer periods necessary for completion will not void this contract and the Client will be kept informed of any delays. The Studio cannot accept responsibility for material lost or damaged in transit.
FILM LENGTH/ NUMBER OF PHOTOGRAPHS: The Studio is proud of its reputation and the ability to produce beautiful films and photographs. In order to preserve this reputation the Studio needs freedom to be creative both during shooting and editing. Consequently the length of the film and final amount of photographs will vary according to the content captured. The Studio will have the discretion to decide on the final length of films or number of photographs delivered. For videography, the Studio will produce a short-form edit that will make use of time-shifts and other modern editing techniques. For photographs, the Studio will edit with its own colour and black and white presets, deciding at its own discretion when to pick either colour or black and white for each photograph.
RIGHT TO CANCEL (‘COOLING OFF’ PERIOD): The Client may cancel this agreement without any penalty by notifying The Studio in writing within 14 days of signing the agreement. Any funds paid to The Studio in accordance with the agreement, will be returned by The Studio to The Client within 10 working days of the notification. This agreement will be deemed terminated and no further obligations will be due from either party.