Nov 2022
Terms and Conditions for booking Media Captures - Wedding, Portrait And All Events
Dear Hirer,
Please read this, my terms and conditions very carefully (points 1 to 27) below.
This should be read in conjunction with my Privacy Policy. Any queries must be made prior to booking me for your Wedding, Event, Portrait and Media captures, thank you, Neil.
1. Acceptance: This contract reflects the verbal agreement or written quote proposal. It shall include any terms agreed prior to its issue. No alterations may be made to this contract by the hirer without prior approval consent from Neil James Garrod of Neil James Media. By completing and sending this booking form, you agree that you are making a confirmed booking and entering into a contract which carries your acceptance, in full, of the booking terms. It shall also be deemed accepted when the non-returnable deposit reservation fee is received.
2. Definitions: In these conditions the following words shall have the following meaning:-"www.neiljamesmedia.com", "Neil James Media", "Neil James", "Company", “My” "Us", "We", "Our", “I” or variations thereof shall mean Neil James Garrod of Neil James Media or the Assistants working for, with or on behalf of him.
"The Customer", "You", "Your", "Hirer", “Client” or variations thereof means the person, firm or Company with whom we contract with.
"Imagery" “Media“, “Footage” “Files”, “Video”, “Film”, “Photo”, means the articles, things or service which are the subject matter of the Contract.
3. Cancellation: The Hirer shall have the right to cancel within 14 days of receiving the booking form and deposit request. It must be in writing & if a deposit paid to secure the date, a full refund may be given. After this time for any reason other than Act of God or National Disaster, any advance reservation deposit payment will be forfeited and maybe a cancellation fee:
3.1 A cancellation fee of not less than 50% of the agreed fee will be due if the cancellation is within 56 days of the event booking date.
3.2 A cancellation fee of not less than 100% of the agreed fee will be due if the cancellation is within 28 days of the event booking date.
4. Deposit: you agree to our deposit fee of which is payable in advance to secure the booking date and covers the administration cost as a reservation booking fee and booking form admin. The deposit must be received by the date given on the booking form to guarantee availability. The deposit amount is deducted from the total payable and is non-returnable if you cancel the booking. By paying the deposit you agree that you are making a confirmed booking and entering into a contract which carries your acceptance, in full, of the booking terms.
5. Balance: The balance payment has to be paid by a minimum of 28 days before the booking date unless otherwise agreed and stated on the booking form. This is important as your booking will not go ahead. It can be paid in instalments when is convenient to you but must be paid in full by the 28 days prior the booking date. Receipts and confirmation of payment will be issued.
6. Discounts: Any promotion offered on our Social Media sites or Wedding Show Discounts are offered in good will and are clearly shown on your quote and on your booking form. I reserve the right to remove any discount offered if the balance payment is overdue.
7. Changes on the day: If the order of the day changes for example ‘the Speeches are now to be moved before the Wedding Breakfast’ then Neil James Media will require appropriate time to set up. Neil James Media cannot be held responsible for loss of footage or audio due to not being informed of any changes in a good and reasonable time.
8. Creative Brief: Unless otherwise agreed in writing, the Customer accepts the Neil James Media’s decisions on creativity within the product(s) or service(s).
9. PLI & PAT: Neil James Media agrees to provide proof of Public Liability Insurance and PAT Testing annually. These are always available on my ‘Download’ tab on my website. Any claims must be made direct to the Insurers using our Policy Number.
10. Carpark: Please provide a free/ prepaid parking space for a vehicle near or at the event/s entrance. This is to aid the moving of equipment in and out of the premises.
11. Data Protection: You the Customer must ensure that all necessary arrangements have been made with and permissions obtained from, people and places that may be captured as a result of the Neil James Media supplying the product(s) or service(s).
12. Abuse towards Neil James Media or assistants: Abuse or threatening behaviour from the hirer, hirer’s guests, staff, or management will not be tolerated and will result in this service being terminated immediately with no loss to Neil James Media nor any assistants.
13. Damages: The hirer agrees that compensation for any loss of or damage to Neil James Media’s equipment, vehicle(s) or personal belongings caused by the hirer, the hirer’s guests, the venue staff, the venue customers may be sought including any additional costs.
14. Extension of service: The hirer agrees that the confirmed start and finish times as specified in the contract are accurate and correct. Any extension beyond the confirmed finish time is at the discretion of Neil James Media and chargeable at £120 per hour. If a change is needed on the day an invoice will be sent to you in the week after the event and must be paid before any media is issued.
15. Limitation of Liability, Weather, Force Majeure, Act Of God and Other Constraints:
15.1 Whilst back-up copies of media files are usually kept, Neil James Media accepts no responsibility nor liability for maintaining archive copies of captured material 6 months after the work has been delivered to and accepted by the Client.
15.2 Neil James Media has all necessary insurances, including Public Liability Insurance, with an indemnity of up to 1 million pounds as standard. This can be changed up to 10 million pounds for specific events, please let Neil know and he will add this cost on to your quote/ requote to suit.
15.3 Neil James Media and its employees and agents shall be under no liability for any injury, loss, or damage of any kind whether direct, consequential or special and howsoever caused resulting from or arising out of or incidental to:
15.3.1 Any negligence on the part of Us or Our employees (except insofar as the same causes death or personal injury) or
15.3.2 our performance of or failure to perform or breach of any of its express implied obligations under the Contract.
15.4 You shall indemnify Us against any liability whatsoever (including any liability based on the negligence of You) which it may incur resulting from any claim made against You by any third party.
15.5 We accept no liability for delay or non-fulfilment of any term of the Contract caused wholly or in part by “force majeure”, which expression shall be deemed to include war, strikes, lockouts, pandemics, lockdowns, accidents, fire, power cuts, scarcity of materials or any other cause or causes not within Our direct control.
15.6 Environment, weather and constraints: Restrictions imposed by others (staff, management, church, photographer, guests, etc) and the constraints of the physical environment, safety, weather, poor acoustic conditions or other conditions outside our control can affect the quality and extent of the media coverage possible and Neil James Media will not be responsible for shots not included. It is therefore important and the responsibility of the Client to discuss and gain permissions with the venue (Church/Wedding Venue/other) that you are having your event captured they may have filming restrictions that could impact on the quality of the product. Neil James Media will not capture any event in the rain or other inclement weather such as would damage Neil James Media’s equipment. If weather conditions prohibit capturing the event either in part or in whole and arrangements have not been made to move event indoors, deposit and moneys paid are non-refundable. Neil James Media cannot guarantee media quality in adverse lighting or weather conditions, or in rooms generating a strong colour tinge to the light which may not be satisfactorily correctable during editing. It should be noted that in low light situations (e.g. small rooms, candlelight, disco/dance areas, evenings and nights outdoors) may impact on the quality of the image captured by the camera. The client should acknowledge that both photography & videography requires reasonable lighting and that production may be compromised due to low or poor light levels. When audio is recorded: Neil James Media will take great care that audio is recorded as professional as possible but is not responsible for extraneous sounds such as, but not limited to, air conditioning units, the ringing of mobile phones, passing emergency vehicles, crying children, coughing, wildlife or interference with wireless signal breaks / cutting out etc. Drone: The weather, NOTAMs, timings, lighting and land permissions may restrict the use of the drone.
16. Unable to attend: In the unlikely event that Neil James Media is unable to attend personally due to an accident or sudden illness, Neil James Media shall endeavour to provide a suitable substitute offering a similar or better service at no additional charge to the hirer.
17. Delayed Access: Neil James Media will not be liable for any refund, in part or whole, where Neil James Media are late accessing the venue and setting up purely because of earlier events over-running, or where Neil James Media are prevented from accessing, setting up or providing our professional services by the venue management. Neither will Neil James Media be obligated to provide an extension to the agreed timescale on a pro-rata basis in these circumstances.
18. Media usage: You agree to let us use photos, audio and video of your event unless otherwise stated in writing. We will only use clips that we deem suitable for showing the quality of service we provide and only use after-the-fact. Please also read our Privacy Policy on this.
19. Legal Reproduction Rights, Moral Rights And Copyright (Copyright, Designs And Patents Act 1988) And Property Misdescriptions Act 1991:
19.1 Limited Reproduction Rights of the commissioned material passes to the Client upon full settlement of the balance payment. This allows reproduction for all uses stated on the Quotation from Us. By default and in the absence of any stated use, this will be 'General Marketing'. ‘General Marketing’ use excludes use for ‘merchandising’ (e.g. reproduction of an image for promotion on goods for resale), for which an additional fee may need to be negotiated.
19.2 Unless agreed in advance, use of the media by any third party (including, but not limited to, newspapers, magazines, book publishers, television, film and the Internet) will only be granted following written permission from Neil James Media. This may incur a negotiated Reproduction Fee.
19.3 Subject to Paragraphs 19.1 and 19.2, above, the following two exceptions do not need advance written permission from Neil James Media:-
i. Any third party working directly for the Client such as a Company creating publicity material for the Client incorporating the commissioned material in a General Marketing way.
ii. Newspaper Editorial Content for a news item about the Client provided that the text " Imagery (C) www.neiljamesmedia.com " is clearly visible adjacent to the image for printed content and for online content the aforementioned text is clearly visible and all the text hyperlinks to Neil James Media' Home Page http://www.neiljamesmedia.com/
19.4 Copyright: The Copyright Designs and Patents Acts assign the copyright of all media to Neil James Garrod and NeilJamesMedia.com
20. Completion: Unless otherwise agreed at time of quoting the completed media will normally be issued 6-8 weeks from the last day of capture/ booking date.
21. Receipt of the media: Neil James Media will assume that the client accepts the quality of the finished media unless they are informed to the contrary within 10 working days of it being received, no amendments can be made after this time under this particular contract.
22. Request to change the edit: The client has chosen Neil James Media on the basis of their shooting and editorial style therefore creative and artistic aspects, such as shooting and editing styles are at the discretion of Neil James Media. Technical errors will be corrected free of charge.
23. Any Video Music Choice: Neil James Media will supply appropriate licensed music.
24. Equipment and content: Every effort will be made to ensure your event is recorded in full on the day. Multiple cameras (where possible) are used to minimise problems caused by equipment failure and these are also used to film certain parts of the event from a different angle. No liability is accepted for failure of performance due to any circumstances beyond our control. In the unlikely event of an equipment failure or a cancellation by Neil James Media, we will provide a full refund and accept no further liability. If only part of the event has been recorded Neil James Media will negotiate a proportionate amount of the total cost to be refunded. If the company is unable to complete the booking for any reason whatsoever we will do our best to find another reputable company to film your event through our business contacts. If no such replacement can be found then our total liability is limited to making a refund of all money paid under the agreement. Whilst we will do our best to capture all the significant parts of your special event, including any specific parts you have asked us to record, the contents of the recording shall be at our discretion and subject to conditions on the day. We can give no absolute undertaking to successfully record any particular event.
25. Warning! – Flash Photography may be used in any Photoshoots.
A very small percentage of individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights.
Please let me know if you think you or a participant suffers from Photosensitive Epilepsy.
26. Feedback: Any complaints or suggestions please do get in touch direct with Neil in writing or email with all details of your event as soon as possible.
27. Rest breaks at work: If working more than 6 hours then a rest break will be taken. If a wedding we will not capture during the wedding breakfast and will use this time to take a break. A hot meal is not a requirement, however one would be greatly appreciated.
Thank you very much for reading & agreeing. Please also read our Privacy Policy, check & sign the booking form contract issued to you.
Thank you again & best wishes,
Neil James Garrod