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TERMS & CONDITIONS
In the following terms & conditions “the curator” shall mean Sherita Stanley trading as Vision 4 Productions. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer/videographer in writing by Vision 4 Productions.
Copyright
The entire copyright in the Photographs/Videos is retained by the curator at all times throughout the world. Each creation made is solely Vision 4 Productions responsibility to credit the company's logo and/or brand for purposes of advertising or otherwise promoting his/her work.
Ownership of Materials
Title to all content curated remains the property of the curator.
Use
The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs/video before payment in full of the relevant invoice(s) without the Photographer’s/video express permission. Content will display sample across any unconfirmed photos and videos content. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where use is restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the Photographer/videographer before the Photographs/video services may be used for other purposes.
i. Each use of any content must be credited to Vision 4 Productions in manners of tag, hashtag, writing, logo, etc. with details of video by, curated by, creative director; as the credited artist is acknowledged properly. Credit all of the Editor within 2 minutes of posting, in failure to due so legal actions will be taken in the amount up to $30,000. In the event of something is to happen legal actions will be taken with the responsibility of fees being the client.
Exclusivity
The Agency and Advertiser may be authorized to publish the Photographs/videos to the exclusion of all other persons including the Photographer/videographer. However, the curator retains the right in all cases to use the content curated in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the License to Use the content shall be entitled to use the Photographs/videos/marketing material etc. for any purposes.
Client Confidentiality
The curator will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the curator to carry out his/her obligations in relation to the commission.
Indemnity
While the photographer takes all reasonable care in the performance of this agreement generally, I shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
a. The Client agrees to indemnify the photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the photographer.
b. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify the photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained
PAYMENT
i. A non-refundable booking fee of (Deposit determined based off Service price) will confirm your booking, as well as full acceptance of the terms and conditions as published on the curator's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due two weeks before the wedding day.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital wedding packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
ON THE DAY
i. The curator will be the sole professional (still) curator at the venues specified. The photographer/Videographer does however positively encourage family, friends and other guests to take photographs throughout the day.
PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic/video shoot are deemed to be at said persons own risk. The curator cannot be held responsible for any personal accidents during a photographic/video shoot.
CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation determined level of situation by staff of Vision 4 Productions.
No cancellation or return policy is available for any services under $749.99
The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
DELIVERY
i. The curator will endeavour to deliver digital negative files as quickly as possible (2 to 5 business days). However this could take up to 4-6 weeks during busy periods of curating.
ii. All Content will display the advertisement of company Vision 4 Productions or logo and or abbreviations serviced.
iii. In the event of any content curated by Vision 4 Productions is tampered with legal actions will be taken with all legal and inconvenience fees being placed upon the clients behalf.
iiii. The client(s) hereby allow(s) the curator to display any content covered by these terms & conditions and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
Terms & Conditions of Service were curated on September 26, 2014, Revised March 7, 2016; January 11, 2017
Thank You for your continued services with our team!
Vision 4 Productions
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