Terms & Conditions
Table of Contents
These T&C’s refer to our service (filming & editing); for our website T&C’s see our Website Policies page.
In the following Terms & Conditions the “videographer” shall refer to Mark Lewis Videography. The client(s) shall be those persons defined as the Bride, Groom, or contract signatory of the contract on the booking form. The product/service/work shall be the collective term for the attendance and filming of the wedding event and subsequent provision of an edited video. These Terms & Conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the Videographer in writing.
A non-refundable booking fee/deposit of £200 is required to confirm your booking. A further advance payment of £300 is required one month prior to the wedding day to cover labour and production costs for the day’s filming. These payments will be deducted from the final cost of the agreed package. Payment of the remaining balance must be paid in full either before the editing commences or before collection of the finished product (video). The finished product cannot be delivered until the remaining balance is paid in full.
Upon collection, a short preview of the video will be shown to the client. A viewing of the entire product is not necessary, but by paying your balance and taking collection of the video, you are agreeing to the general picture and sound quality to be satisfactory.
COVERAGE & PRODUCTION
Video taken during the course of the event will be at the discretion of the videographer, although every effort will be made to comply with the client’s requirements.
For a booking involving a Church Ceremony or certain venues, the videographer’s movements are sometimes restricted by the official in charge. The area from which the Videographer is able to cover the ceremony may not be the videographer’s choice and he cannot accept responsibility for any obstructed view should this be the case.
It is the sole responsibility of the client to secure permission of the venue to set up video equipment and record with or without flash.
Although Mark Lewis Videography will endeavour to fulfil the requirements of the agreed package, sometimes this may not be possible due to reasons explained within these Terms and Conditions.
ON THE WEDDING DAY
The videographer is the only authorised and official videographer for your wedding day.
The videographer will abide by all rules of the facility and/or directions of the staff/facility coordinator with regard to video set-up and will not be held responsible for absence of certain shots due to such rules and/or directions, or due to interference by wedding guests or vendors, including the photographer.
The client acknowledges that videography requires reasonable lighting and controllable audio environments, and that production may be compromised if either of these cannot be achieved.
FORCE MAJEURE (BEYOND THE VIDEOGRAPHER’S CONTROL)
In the event of the videographer being unable to attend the filming date due to illness, injury, etc. he/she will endeavour to provide or recommend the client with a suitable replacement videographer / editor.
The videographer shall not be liable to the client as a result of not being able to perform any of its obligations due to reasons beyond its control. Including, but not limited to acts of God, fire, bad weather, flood, storm, acts of civil or military or government authorities, industrial action, war, terrorism, grounds of safety, or illness, or failure of third parties or the client.
In the event of equipment failure beyond the videographer’s control, including theft of equipment or material, the videographer is not liable for refund or compensation, but will try to appease the client using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies paid other than the deposits and booking fees.
The videographer reserves the right to cease filming or editing if situations arise that are unfit to continue, eg. grounds of safety, mistreatment, offensive or abusive behaviour, or unacceptable working condition. In these instances, the videographer is not liability for refund or compensation.
Whilst every effort will be made by the videographer to supply the client with a satisfactory product based upon the videographer’s advertised style, and to the specified requirements agreed beforehand, all editing and post production will be carried out to the videographer’s discretion.
The client’s payments is for labour costs, presentation media and production of the completed video. Every effort is taken by the videographer to provide the client with agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the client as grounds for refunds or compensation, for which the videographer is not liable.
The Videographer cannot be held responsible for any personal injury/accident or damage during a video shoot. The client is free to take out their own wedding insurance policy.
CANCELLATIONS, POSTPONEMENTS & DELAYS
Rescheduling can be done without charge if a suitable date can be found. If a suitable date is not agreed, the client must cancel the services and be liable for cancellation clauses.
Deposits, retainers and booking fees including advance payments are non-refundable.
If cancellation is done by the videographer, liability shall be limited to a refund of monies paid other than deposits, retainers and booking fees.
If cancellation is done by the client, the videographer is entitled to invoice the client for loss of earnings based on the following percentages of the total contract price (minus any deposits, booking fees or retainers):
Within 12 months of the wedding = 25%.
Within 6 months of the wedding = 50%.
Within 1 month of the wedding = 75%.
If any deliverables, including the Final Version cannot be supplied as per the agreed delivery date due to reasons beyond the its control, the videographer will not be held liable for any consequences of late or failed delivery.
RIGHTS, OWNERSHIP, COPYRIGHT & USAGE
The client(s) allows the videographer to display any video, sound or image covered by this contract for promotional and demonstration purposes, including advertising, websites, social media, printed media, etc.
All original recordings, photographs and edited computer files will remain the property of the videographer. Mark Lewis Videography will not be solely responsible for the storage and maintenance of the original and edited media, including video and sound recordings, photographic, and digital files.
Original raw footage (non-edited material) is the sole ownership of the videographer and is not intended for client viewing and is not part of the supplied finished package (see Force Majeure below). Original material might be offered to the customer if the videographer is unable to produce the edited program. All material will be kept for at least one year from the date of the wedding.
The property and any copyright or other intellectual property right in all material produced by Mark Lewis Videography in performance of the goods/services belong to Mark Lewis Videography, but the client shall be entitled to use the material supplied under this contract solely for personal use, subject to payment in full of all sums payable under this contract.
The use of copyrighted music within the client’s video shall only be used for private viewings. The Phonographic Performance License used in the supplied videos are not permissible for public performances.
Recording and dubbing licenses have been obtained by Mark Lewis Videography allow the legal recording of live music and use of recorded music in the soundtrack of the videos. This is for personal use only, such as on DVD, USB and BluRay.
Licenses obtained do not allow the use of the videos being uploaded to the internet.
The customer is forbidden from uploading the videos themselves to the internet unless the video only contains copyright-free music.
ALTERATIONS & CORRECTIONS
After taking collection of the completed video, the client has 14 days to return the video for any amendments to be undertaken free of charge. Such requests should be made in writing and within 14 days of receipt of the completed video.
The client is permitted to make one list of alterations and shall be limited to one revised video. Further corrections will be seen as a new project and therefore chargeable at the producer’s daily rate.
Further alterations will be undertaken free of charge at the digression of the videographer (eg. Spelling mistakes that are not the fault of the videographer, rearrangement of music, etc.).
Please see the above sections 5. LIABILITY and 8. ALTERATIONS & CORRECTIONS.