Booking T&Cs
Tony Davies Films is a trading name of Pepperbox Design Ltd.
1. Videographer’s Responsibilities. Tony Davies Films (“Videographer”) hereby agrees to perform videographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Videographer may employ one or more assistants. Videographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Videographer will make every effort to obtain, but cannot guarantee delivery of, any specific footage requested by client because of Videographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
If Videographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Videographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Videographer shall not be obligated to refund any of the fees paid by Client because of such action.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Videographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 10). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Videographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply footage.
3. Copyright / Music Laws. All film files supplied to the client from the Videographer are for personal use only. The selection of the accompanying music track(s) is at the discretion of the Videographer and every effort will be made by us to ensure that the music track(s) is(are) fully licensed for distribution in compliance with that license. The Client(s) will be liable for any fees or legal action incurred as a result of the Client(s) distributing the music track(s) in a manner that is in breach of the music track(s) license. The Videographer will not be held liable by the Client(s) for any removal of the finished product(s) from third party hosting platforms (such as Vimeo, Facebook, Instagram, TikTok or YouTube) as a result of copyright infringement, claims or notices from third parties, even if the said infringement, claim or notice is not deemed as valid by the Videographer or the Client(s).
4. Event Changes. Videographer must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If Client notifies Videographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above,then Videographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Videographer’s availability.
5. Cancellation. Upon acceptance of these terms and payment of the retainer,Videographer shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If Client cancels the Event entirely, then Videographer shall not be required to repay any of the payments made by Client.
6. Delivery Date. The films shall be delivered no later than 60 Days from the date of the wedding.
7. Price Protection. Videographer warrants all prices quoted for Event footage are valid for a period of 6 Months following the Event. Orders placed after such period are subject to Videographer’s published pricing at the time of the orders’ placement.
8. Model Release. Client hereby agrees that Videographer may reproduce, publish,exhibit, and otherwise use footage from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the footage.
9. Force Majeure. If Videographer is unable to attend Event due to fire, flood,casualty, strike, civil disturbance, war, terrorism, Videographer’s sickness, or other acts of God beyond the parties’ control, then Videographer shall return all money paid by Client (including any deposits), and this Agreement shall immediately terminate.
10. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
11. Assignment. This Agreement may not be assigned.
12. Indemnification. Client hereby acknowledges that Videographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Videographer harmless for the impact such restrictions may have on the final product.
13. LIMITATION OF LIABILITY. Videographer’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL Videographer BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS Videographer OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
14. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during,or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
15. Protection of Deliverables/Retention of Files. Videographer shall take all reasonable steps to protect the footage that are recorded at the Event until such time as the Film is delivered to Client. Once the Film has been delivered, Videographer will store / back-up all files for a minimum of 2 years.
16. Promotion. I/we hereby give permission for Videographer to use my/our name/s and films in all forms for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.
17. Governing Law and Jurisdiction. These Terms and your booking of our Services are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.