Photography Terms & Conditions

Terms & Conditions for Photography services provided by VideoMagic Films

Terms & Conditions for Photography services provided by VideoMagic Films; referred to as VIDEOMAGIC FILMS

The terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

1. Copyright

1.1 VIDEOMAGIC FILMS retain full, unlimited, world-wide copyright on all photographs supplied. These photographs are solely for personal display purposes. They may not be copied, published, reproduced, or stored on any electronic retrieval system without the express written permission of VIDEOMAGIC FILMS.
1.2 Permission to reproduce a picture is granted to the Client by VIDEOMAGIC FILMS only when a fee for the reproduction has been agreed with VIDEOMAGIC FILMS and an invoice has been issued by VIDEOMAGIC FILMS and paid in full by the Client.
1.3 Permission to reproduce a picture applies only to the reproduction described in the invoice or license. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to VIDEOMAGIC FILMS an unauthorised use fee of £100 or double the standard reproduction fee for the use concerned, whichever is the greater.
1.4 The right to reproduce a picture granted by VIDEOMAGIC FILMS is personal to the Client and may not be assigned to any third party without VIDEOMAGIC FILMS’s prior written consent.
1.5 It is a criminal offence to make copies by any means including video under the terms of the COPYRIGHT, DESIGNS and PATENTS ACTS 1988. The photographer shall only make reproductions for the client or for the photographers portfolio, samples, self-promotions, entry in photographic competitions or art exhibitions, advertising, illustration, editorial use, or for display on the photographer’s website. Client shall release all claims to profits that may arise from use of images.
1.6 The client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without VIDEOMAGIC FILMS’s written permission.
1.7 Unless specified in writing, VIDEOMAGIC FILMS makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

2. Deposit and Payment.

2.1 A booking shall be confirmed upon receipt of a deposit. The deposit shall be 50% of the total cost of the selected service and is non-refundable in the event of cancellation by the client. Full payment is to be made fourteen days before the event.
2.2 If VIDEOMAGIC FILMS’s invoice is not paid in full within 14 days before the event, VIDEOMAGIC FILMS reserve the right to cancel the booking and may charge interest on the overdue payment at 2.5% per month or part of a month.
2.3 The invoice lists all the quantities of pictures given to the Client. The pictures are presumed to have been received in good condition unless the Client notifies VIDEOMAGIC FILMS in writing of any discrepancy or error within 7 days of receipt.

3. Failure

3.1 Whilst every care is taken at every stage of the photographic process, in the event of a camera failure, operator error, material failure, or process machine failure, VIDEOMAGIC FILMS can accept no responsibility for any losses however incurred as a result of any such failure, beyond a full refund of the original purchase price.
3.2 If the photographer cannot perform this agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to photographers illness, then the photographer shall return the deposit to the client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged or lost through camera or equipment malfunction, lost in the post, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the clients order.
3.3 While VIDEOMAGIC FILMS has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.

4. General Liability

4.1 VIDEOMAGIC FILMS can accept no contingent liability for any failure of any type resulting from the failure in any way of any product or service they supply.

5. Digital Images

5.1 All details of the wedding coverage will be planned in consultation with the client. All packages can be customised to suit individual requirements at the discretion of VIDEOMAGIC FILMS. In the event of illness or incapacity which would prevent VIDEOMAGIC FILMS Photographers from carrying out the commission VIDEOMAGIC FILMS will make every effort to find a replacement photographer but no guarantee can be given. If a replacement photographer cannot be made available liability shall be limited to a full refund of all monies paid
5.2 Prints will be colour balanced to produce warm skin tones of the subject or subjects but no guarantee can be given to exactly match any specific subject as it is sometimes impossible to record photographically exact colours as seen by the human eye.  In accordance with the accepted practices of all professional photographers and photographic laboratories, the return of any technically acceptable photographs or prints or demands for refund or refusal to settle charges cannot be entertained on principle. No exception whatsoever can be made to this rule as we cannot be held responsible for individual tastes or expectations.
5.3 Unless specified in writing, VIDEOMAGIC FILMS makes no claim or warranty as to the existence or validity of connected therewith model or other releases, in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
5.4 If bought in products (for example, albums or photo mounts) are not available to the exact specification as initially discussed items of equal or better quality and price will be substituted
5.5 At all times every effort will be made to ensure the capture of the photograph or photographs required. If due to circumstances beyond the control of VIDEOMAGIC FILMS (for example but not limited to changes in weather conditions, willingness of subjects etc) an agreed photograph is not taken the photographer can accept no liability for this.
5.6 Every care is taken in photographing and processing using professional materials. In the unlikely event of total photographic failure i.e. during exposure or processing, the photographer's liability shall be limited to a full refund of all monies paid. Neither party shall be liable for indirect consequential loss. Your statutory rights are not affected.
6. Permanence
6.1 All photographs supplied by VIDEOMAGIC FILMS are produced to the highest standards using the best quality materials and latest processing techniques. However, all colour photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. VIDEOMAGIC FILMS cannot accept any responsibility for this gradual image deterioration.

Video Filming Terms & Conditions

Terms & Conditions for Video Filming Services provided by VideoMagic Films.

VideoMagic Films referred as VIDEOMAGIC FILMS.

1. Liability

1.1 VIDEOMAGIC FILMS will not and cannot be held responsible for any circumstances outside of their control. In the event of the wedding being cancelled the full balance will be charged regardless. In any case all deposits are non returnable. VIDEOMAGIC FILMS will not be held liable for any unexpected equipment or media failure or any copyright infringement whatsoever in relation to your wedding or wedding video or DVD.
1.2 In the unlikely event of a non-conforming video.VIDEOMAGIC FILMS will not be held liable for poor picture and/or sound integrity, failure to film the event – physically or mechanically, poor film stock, loss of original footage through transit – fire or theft.
1.3 All equipment is checked prior to an event for correct running operation. VIDEOMAGIC FILMS will not be held liable for any faults detected prior to the event, it is for the company to adequately correct by either repair or replacement. This also applies to loss, theft or damage of equipment prior to the event. Faults which develop during the event will be dealt with to the best of the operator’s ability – this may call upon the second camera. In the event of a complete system failure, a part or full refund will be issued depending on the circumstances involved. In transit, high insurance cover is taken as standard to safeguard against loss. A camera operator is committed to attend and film your event. In the unlikely case of very bad ill health preventing the original operator to attend, every effort will be made to find a replacement operator - even if this is at short notice. The quality of your final programme will not be compromised. If a replacement operator cannot be found, then a full refund will be paid only. Film stock is checked at the beginning of each tape for recording and playback quality. The Company can take no responsibility if poor quality results from bad film stock after this check. The company will however pursue the fault with the manufacturers, and attempt to ‘clean-up’ the footage to the best of its ability. )
1.4 FAULTS, COMPROMISES, ACTS OF GOD OR DEATH WHICH FALL OUTSIDE THESE GUIDELINES ARE NOT THE RESPONSIBILITY OF THE COMPANY AND ARE ENTERED INTO AT YOUR OWN RISK.

2. Editing

2.1 Editing will not commence until all relevant payment and media is supplied. If requirements are received late, editing will go into a queue system from the date all relevant information is received and as of that date, will be subject to the normal waiting period from that date.
2.2 DVDs will be ready after the wedding but we reserve the right to take significantly longer as required for complex editing or for peak season dates (March - September).
2.3 Once footage is mastered to DVD it cannot easily be re-edited. Any changes to an edit once it has been received by you must be requested within 48 hrs of receipt, after this an editing fee will be levied between £125 and £175 plus VAT depending on the complexity of the editing.

3. Payment and Charges

3.1 This agreement shall be binding once the 50% booking deposit has been credited to VIDEOMAGIC FILMS. It is the Client’s responsibility to read and understand this agreement prior to booking. Balance payments must be made in as per agreement. Failure to do so may result in cancellation of your booking.
3.2 All prices shall be calculated and paid in sterling.
3.3 All prices are quoted exclusive of VAT and other relevant taxes unless otherwise stated.
3.4 VIDEOMAGIC FILMS shall be entitled to make a reasonable charge for additional work carried out as a result of any artwork/text supplied by or on behalf of the Customer not being clear and legible.

4. Insurance

4.1 No insurance or any other claim may be made in relation to this booking or to any other events or service provision happening on the day or prior or post the wedding day on us in any way shape or form as an agreed term of this agreement.

5. Ownership

5.1 All products produced by the Company shall remain the property of VIDEOMAGIC FILMS until the account is settled in full. The company reserves the right to retain any material with an outstanding balance. No refunds will be issued if the final payment is not settled. For products that are in the client’s possession with unsettled accounts beyond the payment agreement may be liable to court action to recover the amount and costs involved in this recovery. Due notification will be given.

6. Copyright

6.1 Video / film material recorded by the Company remains the copyright of VIDEOMAGIC FILMS unless otherwise stated. Duplication is strictly prohibited.
6.2 The Company reserves the right to display the film in part or in its entirety and at its discretion unless otherwise agreed in writing by the Client. This may be for demonstrational purposes.

7. Disputes

7.1 Any disputes arising from the contract between the Client and VIDEOMAGIC FILMS should be addressed in writing. An appropriate response from the other party is then to be made also in writing. Action can then be made accordingly.

8. Permission

8.1 It is the responsibility of the Client to establish the relevant filming permission for an event or venue unless otherwise agreed beforehand. VIDEOMAGIC FILMS will not be held liable for unauthorised filming or for any fees involved in gaining such permission. The Client will not be eligible for any refund in such an event.

These terms and conditions of business and the contract between the parties shall be construed and applied in accordance with the Law of England and shall be subject be subject only to the jurisdiction of the English courts.

Video Magic presumes that the client has read and accepted the above terms and conditions, unless the client specifically states otherwise.