White Villa Photography and Films Terms and Conditions
Terms and Conditions of booking (the “Booking”) between the Bride and Groom (“You”, “Your”) and White Villa Films Limited (“We”, “Us”, “Our”)
1. Booking and Payment
a) As payment for the services provided under the Booking, You shall make payment to Us of an amount agreed between You and Us (the “Package Total”)
b) You shall make payment of the Package Total to Us no later than 14 days before the Wedding Date. Wedding Date means the date specified within the Wedding Date field of the Booking Form (the “Wedding Date”)
c) You will make payment of a non-refundable booking fee of £400 (the “Booking Fee”) which will be deducted from the Package Total
d) An additional travel fee may apply depending on the location of the event
e) All bookings must be confirmed by the online booking form. The individual(s) in whose name the booking is made will be considered the Client, and shall be jointly and severally liable in respect of the booking and related costs. The amount payable by the Client(s) shall be confirmed in advance by Us in a Booking Confirmation. Where the total amount is yet to be decided (sometimes due to early booking and therefore uncertainly about how long the Client would like Us in attendance), the Client will ensure they have made this decision and informed Us in writing or by email at least 9 months prior to their wedding day.
f) Quotes are based on current prices and guaranteed for 3 days. Additions and changes to your booking will be charged at the current price of those items at the time that the change or addition is requested. All tariffs and charges are subject to change without prior notice and are at the discretion of Us.
a. You have the option to cancel or amend the Booking by providing Us with written notice (“Written Notice”) in the following form:
i) Email notification to firstname.lastname@example.org
ii) Written notification to White Villa Films Limited, Redwood House, Brotherswood Court, Almondsbury Business Park, Bristol, BS32 4QW
b. The date of cancellation is the date that We receive Written Notice of cancellation from You
c. If We receive Written Notice to cancel the Booking pursuant to clause 2.1, You shall be liable to make payment to Us as follows:
i) If We receive Your Written Notice to cancel the Booking 30 days or less prior to the Wedding Date, You will pay Us 90% of the Package Total
ii) If We receive Your Written Notice to cancel the Booking between 31 and 60 days prior to the Wedding Date, You will pay Us 80% of the Package Total
iii) If We receive Your Written Notice to cancel the Booking between 61 and 90 days prior to the Wedding Date, You will pay Us 70% of the Package Total
iv) If We receive Your Written Notice to cancel the Booking between 91 and 180 days prior to the Wedding Date, You will pay Us 50% of the Package Total
v) If We receive Your Written Notice to cancel the Booking 180 days or more prior to the Wedding Date, You will pay Us 30% of the Package Total
d. Any payments made by You prior to receipt of Written Notice by Us shall be deducted from any amount due under clause 2.3
e. If We receive Written Notice to amend the information provided to Us by You, You will make payment to Us of an administration fee as determined by Us from time to time
f. We may cancel any booking at any time prior to the wedding date. We may do so without stating a reason and shall refund any deposit or amounts paid but shall not be liable to pay any compensation to the Client in respect of any such cancellation.
3. Standard of Work
a) We make every effort to provide a high quality service. We provide You with the opportunity to take part in the creation of the film or photography with a pre wedding meeting. For photography bookings we also offer an optional pre wedding shoot. We also provide the opportunity to discuss your service at any time via phone, email or in person.
b) All equipment is checked and cleaned prior to the Wedding Date
c) You have 14 days from delivery of the USB/BluRay/DVD/CD/Album/Print (the “Product”) to advise Us of any fault with the Product. After this date, You agree that the Product has been accepted unconditionally by You. We deem the Product to be delivered 3 days after We have posted the Product to You (the “Delivery Date”).
d) We guarantee the Product against mechanical fault for one year from the Delivery Date.
e) You agree that all photographic/videographic coverage is at the photographer/videographer’s professional discretion and no one image will be deemed more important than another. Whilst We make every effort to complete special requests, You agree that special requests are not binding instructions and will be completed at Our discretion.
f) You agree that the photographer(s)/videographer(s) have complete artistic license including but not limited to, the poses and locations used. You also agree that the photographer/videographer’s judgement shall be final in relation to, including but not limited to, the poses and locations used and the number of images taken. You agree that due to the vagaries of the weather and willingness of the subjects it may not be possible to capture all images requested.
g) You agree that the number of images taken is at Our discretion and no minimum number of images is guaranteed.
h) For a booking involving a church ceremony or at certain venues, photographing/filming parts or all of the ceremony may be restricted by such issues as architecture or the ‘house rules’ of the person in charge of the ceremony or venue. We cannot accept responsibility for any obstructed view or reduction in coverage or quality should this be the case. We strongly recommends that the Client discuss their photography/videography wishes in advance with their chosen church or venue and gain written agreement of them.
4. Copyright and Ownership
a) You agree that it is Your responsibility to obtain any and all permits and consents required by the church, venue or any other location to allow us to provide the services
b) We reserve all rights to the Product produced with the exception of certain dubbed music and recordings which You can license for a fee under a MCPS license and/or PPL license as required.
c) You shall not copy, reproduce or publicly show in whole or in part the completed Product unless written confirmation from us is given.
d) We grant You a royalty free personal use license which allows unlimited personal not for profit use of the Product as stated below:
Royalty Free License Agreement: White Villa Films Limited (the “Owner”) of the copyrighted Photograph/Video/Image/USB/DVD/BluRay/CD/Album/Digital File being purchased (the “Product”) hereby grants You the non-exclusive, non-assignable, non-sublicensable, and perpetual rights to use, reproduce and distribute the copyrighted Product for personal non-profit purposes, and to incorporate the copyrighted Product, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Product for any other purpose, including but not limited to: using or reproducing or distributing the Product and/or materials, incorporating all or any part of the Product for profit; selling or distributing electronic copies of the Product as stand-alone files or as part of a product from which a person is able to extract the Product as a stand-alone file; distributing the Product in or as part of an electronic template (e.g. as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Product as part of a trademark, service mark or logo. Owner retains all other rights in the Product and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Product in all markets and territories.
e) You agree that all negatives and digital files remain Our property
f) Images included in this contract are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy any image created without the permission of the photographer in writing. All Clients shall be given permission to print, display and share the images for their own personal, unrestricted non-commercial use. It is the responsibility of The Client to ensure that any third parties (friends, family, guests and so on), with whom they might share images understand this ‘non-commercial’ usage.
g) Once the client has received the photographs, they may wish to share them online with family and friends. We warmly encourage this. However, in 2013 Facebook and Google have introduced a clause whereby they take legal possession of all images posted (unless they have a clear watermark) which they can then do what they wish with, including re-selling them. Because of this The Client agrees NOT to post any non-watermarked photographs online or to any website. To allow The Client to share the images online We will provide a copy of correctly sized, web optimised and watermarked images which CAN be shared online. It is The Clients responsibility to ensure they use the correct ‘watermarked’ images provided online and not the non-watermarked high-resolution files.
h) The Client understands that music not covered by our licensing is subject to an additional useage agreement which We will make you aware of prior to applying such musical content.
a) You agree to make arrangements with the wedding venue for hot food and refreshments to be available to Us on the Wedding Date.
b) We may use any material recorded on the Wedding Date for promotional purposes. If You do not want any material to be used for promotional purposes, You must notify Us prior to the Wedding Date.
c) We aim to complete the photographic Product within 6 to 8 weeks of the Wedding Date. We aim to complete the videographic Product within 12 to 16 weeks of the Wedding Date. We reserve the right to extend this period during busy periods.
d) We archive all Products for one year. Providing We still have access to the Product, We will provide a copying service upon request.
e) We reserve the right to substitute the specified photographer/videographer with another photographer/videographer at our discretion.
f) The performance of the Booking by Us or You is subject to alteration or cancellation by either party due to any unforeseeable event which is outside of the control of Us or You and has an impact on either parties ability to perform their obligations under the Booking (a “Force Majeure Event”). We will provide a full list of Force Majeure Events at Your request. Any event not included on this list will not be subject to this clause 5.6 and will be subject to the payments set out in clause 2.3.
g) If You wish to make a complaint, You must notify Us within 28 days of the issue arising and You must do so no later than 28 days of receipt of the Product.
h) We reserve the right to terminate coverage and leave the location of the event if We experience inappropriate, threatening, hostile or offensive behaviour from person(s) at the event; or in the event that Our safety is in question.
i) These terms and conditions of the Booking shall be construed and enforced in accordance with the laws designated by Us, now or in the future.
j) White Villa Films Limited and You agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time as set out in the booking form. If You do not arrive at the appointed time for the event, shooting will commence at the scheduled start time and end at the scheduled end time. The scheduled end time is arrived at by calculating the duration of the coverage as set out in the most recent booking confirmation added on to either the preparation time or 30 minutes before the ceremony time whichever comes first. All additional time beyond the scheduled end time will be billed to You.
k) All travel expenses are based on the distance between the event location(s) and Our registered address. For all wedding events, the first 70 miles of travel are included. All miles in excess of this are charged at £0.60 per mile. Additional lodging expenses may also be billed depending on distance.
l) We are limited by the rules and guidelines of the location(s) and site management. You agree to accept the technical results of their imposition on Us. Negotiation with the officials for moderation of guidelines is Your responsibility; We will offer technical recommendations only.
6. Exclusion of Liability
a) You and We agree that in any scenario the liability of either party shall not exceed the Package Total. You and We agree that neither party is liable for indirect or consequential loss.
b) In the event of mechanical or human error, You agree that our liability shall be proportionate to the amount of Product lost. In no event will our liability exceed the Package Total.
c) We shall not be responsible for any loss or damage to any property belonging to or brought onto the event premises by any person. Save as required by law, We are not responsible or liable for any injury or any other loss or claim whatsoever by or to any person or event, home or other premises.
d) We shall not be responsible for any loss due to mechanical breakdown, failure in electricity supply, flood, fire, Government restriction or force majeure which may cause the event premises to be temporarily closed or the event interrupted.
e) The Client shall indemnify Us, its agents and employees and assigns from and against all/any liabilities, losses, damage, claims and expenses (including but not limited to legal expenses) of any nature relating to or arising out of any failure of the Client to perform or comply or procure compliance with the terms of the booking and its legal obligations generally.
7. Force Majeure
a) The due performance of the contract is subject to alteration or cancellation by Us owing to any cause beyond reasonable control (e.g. ill health/injury/victim of crime). In the event of cancellation by Us, Our liability shall be limited to a full refund of any fees paid.
b) We will not be responsible for loss of images due to technical failure, either at the shooting or post production stage. In the very unlikely event of total technical failure Our liability shall be limited to a full refund of any fees paid.
c) In the event of rain, snow or any form of weather disturbance, We will make the necessary changes to the session but will not be responsible for reduction in coverage due to adverse weather.
a) Where We provide photographic still image files on disk or memory stick, the format of the files will be:
1. High Resolution JPEG (at 300dpi) sRGB colour profile with physical dimensions as close as possible to the native file dimensions at the discretion of Us. Suitable for printing / making albums. No watermark. High Resolution files are NOT to be used for web use or circulation online.
2. Low Resolution Duplicate copy as above and suitable for sharing / sending by email. But sized and optimized for best use when sharing / posting online. JPEG at (72dpi), with the longest side of each image typically 2048 pixels. With small watermark – which MUST remain shown when uploaded to the web. See ‘Online Use Of Images By The Client’, below.
b) Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing photographs and video, We will endeavour to achieve a pleasing overall colour balance, as well as applying creative finishes as deemed creatively necessary.
c) It is understood that some colours may not remain consistent throughout a set of photographs and video owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of photographic prints made at different times or in varying sizes may also be variable.
d) Due to the limitations of computer monitors and other screens it is understood that images may appear differently according to the specification of each monitor and that photographic prints will not match images rendered on any particular computer monitor.
e) We use only quality CDs, DVDs and USB memory sticks ensuring each is checked before dispatch, but it remains the responsibility of the Client to check digital media for in-transit damage and errors. We cannot be held responsible for damage to equipment resulting from defective media.
f) All file sizes, photographic prints, videos and presentation sizes quoted are approximate and subject to the discretion of Us.
g) We will retouch, digitally manipulate and finish according to our own discretion. Any subsequent retouching, digital manipulation or finishing which is requested by the Client may be subject to an extra charge at the discretion of Us. We do not carry out ‘beauty retouching’ or physically changing how clients look in their image files, though if required this can be carried out at additional cost (i.e. tattoo removal). Please ask for details if this is something you would like.
Information We collect:
We may collect and store the following information:
Name and Job Title
Contact information including email address
Demographic information such as postcode, preferences and interest
Other information relevant to customer surveys and/or offers
We require this information to understand your requirements and provide you with the best possible service. We may use the information we gather for the following purposes:
Internal record keeping
To improve our products or services
To periodically send promotional emails about new products, special offers or other information which We think You may be interested in. We will do this using the email address provided by You. You may contact Us at any time in order to opt out of this service.
From time to time, We may use Your information to contact You for market research purposes. We may contact You by email, phone, fax or post. You may contact Us at any time in order to opt out of this service.
To customise Our website according to Your interests
We are committed to ensuring that Your information is secure. In order to prevent unauthorised access or disclosure, We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information We collect online.
You may choose to restrict the collection or use of Your personal information in the following ways:
Whenever You complete a form on the website, pay close attention to the box that You can click to indicate that You do not want Your information to be used for direct marketing purposes
If You have previously agreed to Us using Your personal information for direct marketing purposes, You may change Your mind at any time by writing to Us atWhite Villa Films Limited, Redwood House, Brotherswood Court, Almondsbury Business Park, Bristol, BS32 4QW or emailing Us at email@example.com
We will not sell, distribute or lease Your personal information to third parties without Your consent or if We are required to do so by law. If You have provided Your consent, We may use Your personal information to send You promotional information about third parties which We think You may find interesting.
Under the Data Protection Act 1998, You may request details of personal information which We hold about You. A small fee will be payable by You. If You would like a copy of the information We hold about You, please write to White Villa Films Limited, Redwood House, Brotherswood Court, Almondsbury Business Park, Bristol, BS32 4QW.
If You believe the information We hold about You is incorrect or incomplete, You must contact Us as soon as possible by writing to White Villa Films Limited, Redwood House, Brotherswood Court, Almondsbury Business Park, Bristol, BS32 4QW or emailing Us at firstname.lastname@example.org. We will promptly correct any information found to be incorrect.
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Links to Other Websites
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You may print or download to a local hard disk extracts for Your personal and non-commercial use only
You may copy the content to individual third parties for their personal use, but only if You acknowledge the website as the source of the material
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