Booking Retainer + Fees
The booking fee for CLIENT/S session is NON-REFUNDABLE. A booking fee stated on CLIENT/S invoice is due within 24 HOURS of CLIENT/S invoice having been sent. This booking fee is NON-REFUNDABLE. This booking fee secures CLIENT/S session and booking with IMMORTALISING MOMENTS PHOTOGRAPHY. Should this agreement be breached in any way shape or form or CLIENT/S not show up to their session the NON-REFUNDABLE fee will be liquidated to insure the damages to IMMORTALISING MOMENTS PHOTOGRAPHY. The remaining amount of CLIENT/S payment is to be paid in full up until 2 DAYS before CLIENT/S secured date with IMMORTALISING MOMENTS PHOTOGRAPHY. If the full payment is not received 2 DAYS prior to your session IMMORTALISING MOMENTS PHOTOGRAPHY is not obliged to video your session to breach of contract.
Entire Agreement
This is a contract for videography services to be provided to CLIENT/S (Hereafter referred to as CLIENT/S) by IMMORTALISING MOMENTS PHOTOGRAPHY (Hereafter referred to as IMMORTALISING MOMENTS PHOTOGRAPHY). This agreement suspends all prior agreements, it contains the entire and full understanding between both CLIENT/S and IMMORTALISING MOMENTS PHOTOGRAPHY. Please see page 1 – 4 for all terms and conditions.
Confirmation
The services of IMMORTALISING MOMENTS PHOTOGRAPHY for CLIENT/S session will be secured once CLIENT/S have submitted the contract agreement and booking details along with the NON-REFUNDABLE fee. By paying the NON-REFUNDABLE fee you understand the contract and agreement.
Cooperation
Unless discussed prior to this agreement IMMORTALISING MOMENTS PHOTOGRAPHY, associates or employees will be the exclusive videographer(s) at the CLIENT/S session. CLIENT/S and IMMORTALISING MOMENTS PHOTOGRAPHY agree to obtain cheerful cooperation and communication with each other to achieve the possible result within the understanding of this agreement and contract. IMMORTALISING MOMENTS PHOTOGRAPHY is not responsible if key individuals fail to cooperate during the session and are not in the final edit due to this. CLIENT/S understand IMMORTALISING MOMENTS PHOTOGRAPHY is to be notified and have in writing should they want to have anything produced in a particular way. IMMORTALISING MOMENTS PHOTOGRAPHY is not responsible for not capturing desired portraits if no one highlights and identifies these details on the day.
House Rules
If CLIENT/S appear to be under the influence of alcohol or drugs or are showing highly disrespectful behaviour throughout the session IMMORTALISING MOMENTS PHOTOGRAPHY has the absolute right to immediately cancel the videography of the session due to liability and risk of health concerns or damage to IMMORTALISING MOMENTS PHOTOGRAPHY. CLIENT/S understand IMMORTALISING MOMENTS PHOTOGRAPHY is limited by the location site/venue and time schedules.
Copyright
Videos produced by IMMORTALISING MOMENTS PHOTOGRAPHY are protected by copyright law (all rights reserved). The copyright of IMMORTALISING MOMENTS PHOTOGRAPHY videos remains with IMMORTALISING MOMENTS PHOTOGRAPHY. The images produced by IMMORTALISING MOMENTS PHOTOGRAPHY once delivered to the CLIENT/S are allowed to be used for personal and personal use only by CLIENT/S. IMMORTALISING MOMENTS PHOTOGRAPHY videos are not to be edited, retouched or reproduced in any way shape or form as it does not represent the true quality of IMMORTALISING MOMENTS PHOTOGRAPHY’s work. IMMORTALISING MOMENTS PHOTOGRAPHY does not provide unedited videos to CLIENT/S as it does not represent the face or quality of what IMMORTALISING MOMENTS PHOTOGRAPHY presents. When publishing videos for commercial or personal use IMMORTALISING MOMENTS PHOTOGRAPHY must be noted as the videographer. If videos are used for commercial branding CLIENT/S must have written permission by IMMORTALISING MOMENTS PHOTOGRAPHY to overlay branding of any sort.
Model Release
CLIENT/S hereby grant IMMORTALISING MOMENTS PHOTOGRAPHY and all legal representatives, successors, heirs, assigns, executors, administrators, attorneys and agents the irrevocable unrestricted and unlimited right to use the CLIENT/S videos for editorial, trade, advertising and competition or any other purpose and in manner, to alter the videos without restriction; and copyright of the videos. The CLIENT/S hereby release IMMORTALISING MOMENTS PHOTOGRAPHY and all legal representatives, successors, heirs, assigns, executors, administrators, attorneys and agents from all liability and claims in connection with the videos.
Limit of Liability
If IMMORTALISING MOMENTS PHOTOGRAPHY in the unlikely event becomes injured or too ill or has an emergency that prevents them from videoing the session IMMORTALISING MOMENTS PHOTOGRAPHY will contact the CLIENT/S in discussing the finding of a replacement videographer. If a replacement videographer cannot be found, then liability is limited to a return of any payments received. IMMORTALISING MOMENTS PHOTOGRAPHY takes the upmost care of your videos to prevent the loss or damage to images. However, in the event that the videos are lost, stolen or destroyed for reasons within or beyond IMMORTALISING MOMENTS PHOTOGRAPHY’s control, IMMORTALISING MOMENTS PHOTOGRAPHY and CLIENT/S understand that liability is limited to the return of payments received.
Cancellation Policy
Should CLIENT/S cancel their secured booking with IMMORTALISING MOMENTS PHOTOGRAPHY, the NON-REFUNDABLE fee will be liquidated to insure the damages to IMMORTALISING MOMENTS PHOTOGRAPHY. As stated in BOOKING RETAINER/FEE, the remaining amount of CLIENT/S payment is to be paid in full up until 2 DAYS before CLIENT/S secured date with IMMORTALISING MOMENTS PHOTOGRAPHY. Should CLIENT/S choose to cancel within the 2 DAYS leading up until their booking date, an additional 50% of the total payment on top of the NON-REFUNDABLE fee will be will be liquidated to insure the damages to IMMORTALISING MOMENTS PHOTOGRAPHY for holding CLIENT/S session date insuring IMMORTALISING MOMENTS PHOTOGRAPHY still receives income for a date held that another personnel could have made a booking for. Should CLIENT/S be forced at any time before their booking date to cancel their booking due to a national pandemic, the full payment including the NON-REFUNDABLE fee will be kept as retainer money for when CLIENT/S are able to re-book their session. If CLIENT/S cancel their booking before the 2 DAYS, the NON-REFUNDABLE fee plus any additional instalments paid will become retainer money for CLIENT/S to use on a new proposed booking date or other additional bookings such as mini sessions.
Completion Schedule
Videos are expected to be edited and delivered to clients within 4-6 weeks after the session date. Online downloadable galleries are expected within this time frame. Packaging will be available from between 4-5 weeks after they are completed are ordered. These items can be picked up from IMMORTALISING MOMENTS PHOTOGRAPHY‘s home residence appointment only (please email IMMORTALISING MOMENTS PHOTOGRAPHY for current address) Contact IMMORTALISING MOMENTS PHOTOGRAPHY if you are in need of a shipping quote due to not be local.
IN SIGNING THIS CONTRACT AND COMPLETING THIS BOOKING FORM, WE HAVE UNDERSTOOD THE CONTENTS OF THIS CONTRACT AND AGREE TO THE TERMS THEREIN.
