Terms And Conditions2018-11-26T14:01:03+00:00

ADDITIONAL TERMS AND CONDITIONS

 

  1. Production Budget.  CLIENT shall approve the written production budget submitted in advance by the PRODUCER. PRODUCER represents that the production shall cost no more than the grand total listed on said budget without prior consent of the CLIENT.

 

  1. Cancellation.  After initial payment has been made, cancellation, deviation, or delay in the production schedule by CLIENT will result in a forfeit of 50% of the total PROJECT budget.

 

  1. Product Ownership.   The parties hereby acknowledge and agree that ownership of the finished product delivered to Client, together with all related copyright privileges, shall be the property of Client. PROVIDED, the parties further acknowledge and agree that Producer shall retain and own the copyright interests with respect to the raw footage used to create, or otherwise relating to or resulting from, the finished product.  Producer shall have the right to utilize the raw footage for promotional purposes in Producer’s sole and absolute discretion.

 

  1. Producer Discretion.  The Producer shall exercise sole discretion in the hiring and firing of the production staff.  CLIENT acknowledges that the cinematographer is a “photojournalistic” cinematographer and adheres to the said style, and will use his/her artistic discretion. No shots throughout the day are guaranteed. Local location and equipment regulations will be adhered to, and therefore no specific shots are guaranteed.

 

  1. Limitation of Liability.  Client acknowledges and agrees that Producer’s total cumulative aggregate liability for all losses, liabilities, damages, claims, costs or expenses (herein collectively the “Claims”) of any kind whether based on Agreement, tort (including negligence and strict liability), under any warranty or otherwise, arising from or related in any way to this agreement (including, but not limited to, the package, product and Project) or performance or failure of performance of Producer’s obligations shall be limited to actual damages not to exceed the actual revenues received by Producer from Client hereunder.  To the fullest extent permitted by law, and notwithstanding any other provision in this agreement, Producer shall not be liable to Client and Client hereby waives all claims for consequential, incidental, indirect, special, exemplary or punitive damages in connection with this agreement, whether based on Producer’s breach of Agreement or warranty, tort (including negligence and strict liability of Producer), or other bases, forms or theories of liability, or the failure of any remedy hereunder for want of its essential purpose.

 

  1. Financing.  As an accommodation to Client, Producer may agree to refer Client to Klarna, a third-party lender. Producer is not a lender nor a loan broker nor a partner, agent of or affiliate of Klarna. Client agrees to rely on Klarna written documents for all related terms and conditions and not on any representations or financing details from Producer. Producer is not responsible to address or resolve any dispute between a lender and the Client.

 

  1. FAA Guidelines.  If aerial/drone videography is purchased it is subject to the FAA guidelines as of the date of the event. Because FAA guidelines are consistently updated, Producer does NOT guarantee aerial/drone videography in any package. If Producer is unable to fly due to FAA circumstances, rules and or laws changing after the Agreement has been signed, Producer will offer the aerial in the form of stock footage if available or refund the aerial/drone amount to the client. (Note: aerial/drone videography is not included in every package.)

 

  1. Editing.  If you complete both your pre-wedding and post wedding questionnaires with your desired shots you will be entitled to up to 2 hours of post-production re-work time included in your price. Provided that the footage was able to be captured during your live event.  After delivery, byDesign Films needs to be informed within 10 days of any requested revisions. After 10 days of delivery an additional $350.00 will be charged to the CLIENT to re-capture footage. Post-production work beyond the 2 hours of courtesy time will be charged at $175 an hour. The editing for the Highlight and Full-Length Wedding Film is at the discretion of the editor. There are no specific shots that are guaranteed to be included.

 

  1. Entire Agreement.  There are no other agreements relative to this PROJECT between either of the parties hereto either verbally or in writing, and this document constitutes the entirety of the Agreement.

 

  1. Governing Law. This agreement shall be interpreted, governed by, construed and enforced in accordance with the laws of the State of Idaho, without regard to conflict of laws or choice of law principles.  Any dispute or other legal action concerning this agreement, including any arbitration or litigation proceedings, shall be subject to the exclusive jurisdiction of the United States District Court for the District of Idaho, or if there is no federal jurisdiction, the Courts of the State of Idaho shall have exclusive jurisdiction.  Venue is exclusively limited to Kootenai County, Idaho. The parties hereby waive any objection to personal jurisdiction, venue, and/or forum.

 

  1. If the CLIENT requests the Full-Length Wedding Film to exceed 60 minutes, the CLIENT will be charged $100 per 5 minutes of additional film.

 

  1. Overtime of $250 per hour per cinematographer will be charged to the CLIENT if the time exceeds total hours of pre-booked filming coverage. The lead cinematographer will inform the CLIENT when the total filming time approaches total pre-booked hours.

 

  1. Film Descriptions
  • Highlight Film: The Highlight Film is an overview of the day using the best footage and audio captured to tell the clients wedding day story. It may show the ceremony venue, groom and bridal prep, first look, reception venue, grand entrance, cake cutting, speeches, and formal dances. What is shown in the highlight can vary depending on each individual wedding and the religious or cultural events filmed during the day.
  • Short Film: The Short Film is a mix of the Highlight and Full-Length Film. It is shown in chronological order. The pace of the video is a mix of montage mini-sequences played to music and live event documentary style sequences showing longer portions of the ceremony and speeches. The ceremony and speeches will be summarized and not shown in as great a length as the Full-Length Film. Likewise, the film will not maintain the fast pace of the Highlight film but show portions of the ceremony and speeches in a more “live event” style.
  • Full-Length Film: The Full-Length Wedding Film is a documentary style edit using the audio captured from the day to show an edited smooth but more live event style edit. The film starts with the beginning of your day and moves into the ceremony showing the ceremony in most of its entirety.  What is shown in the Full-Length Wedding Film can vary depending on each individual wedding and the religious or cultural events filmed during the day.
  • Ceremony Edit: The Ceremony Edit is a documentary-style edit using the footage and audio captured during your wedding ceremony. The film starts with ceremony venue location shots and moves into the ceremony providing you a lovely, seamless film of your ceremony from start to finish.
  • Speech Edit: The Speech Edit is a fully-edited, documentary-style film of all the speeches given during your reception. This film is perfect for remembering your loved one’s kind words.
  • Instagram Clip: An Instagram clip is a 15-60 second film featuring the best segments of your wedding day that you can later upload to social media to share with your family and friends.
  • Love Story: The Love Story is a 3-5 minute film telling your story as a couple. We spend up to 4 hours interviewing you both about how you fell in love, then incorporate footage of the activities you enjoy doing together. It is the perfect way to reflect on how your relationship started and an original way to create a beautiful film of your journey.